Types of Visas

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[ScottC]

Hi Folks

I'm going to start this thread for all of our new members so they can look at the pro's and con's of each type of visa.
Also we can use it as a reference when questions come up about one type or another
Lets discuss the following:

K1

K3/CR1

CR1

IR1

[ScottC]

K1

Fiance Visa

A K1 visa is used to bring your Dominican fiance to the United States to marry.
This visa requires you to file a I-129F form with the USCIS, this form is processed and sent to the NVC which in turn sends it to the
consulate in Santo Domingo for your interview. The current cost of this visa is $455.
With the current conditions within the United States and the SDQ consulate, this maybe the fastest way to bring your SO to the US.

The downside of this visa, is that there are many limitations that come with this type of visa.
1. Single entry to US
2. You must apply for Adjustment of Status
3. You must apply for work permit
4. You must apply for travel permit
5. You must marry within 90 days of entry

Immigrant Visa Unit
How to Begin the Fiancé(e) (K-1) Visa Process

What is a fiancé(e) visa?

A fiancé(e) visa (or K-1 visa) is technically a nonimmigrant visa. Because the process is similar to that of an immigrant visa, however, the Immigrant Visa Unit of the U.S. Embassy in Santo Domingo handles fiancé(e) visas. The fiancé(e) visa is for foreigners who wish to marry a U.S. citizen in the United States and then become legal permanent residents without having to leave the United States. K-2 visas are for the children of K-1 applicants.

How do I obtain a fiancé(e) (K-1) visa?

Your U.S. citizen fiancé(e) must file a Form I-129F (Petition for Alien Fiancé(e)) by mail at the U.S. Citizenship and Immigration Services (USCIS) Service Center in the United States with jurisdiction over your fiancé(e)’s place of residence. If your fiancé(e) is living outside of the United States, he or she must file the petition by mail at the USCIS Service Center in the United States with jurisdiction over his or her place of last residence in the United States. Once your fiancé(e) has filed a petition for you, you may check its status by accessing the USCIS Case Status Search Page.

USCIS forwards the approved petition to the Department of State’s National Visa Center, which then sends it to the Immigrant Visa Unit of the U.S. Embassy in Santo Domingo. The Immigrant Visa Unit will send you a Package of Instructions for K-1/K-2 applicants.

Please follow the instructions exactly. Failure to do so could result in a delay in your case and could even cause you to lose your chance to live and work in the United States.

The consular officer cannot decide whether or not to issue you a visa until you formally apply and are interviewed. Therefore, we strongly recommend that you NOT make non-refundable flight arrangements or other travel plans until and unless you actually receive your visa.

You have ninety (90) days from entry into the United States in which to marry your U.S. citizen fiancé(e). After your marriage takes place in the United States, you and your U.S. citizen spouse must contact USCIS to change your status to that of legal permanent resident. The change of status is NOT automatic.

What documents are required for my interview at the Consular Section?

All applicants for immigrant visas, regardless of age, must submit the following documents:

    *

      Passport and any previous, expired passport
    *

      Completed DS-230, Part I
    *

      Form DS-156
    *

      Form DS-156K
    *

      Legalized Birth Certificate in the long form (in extensa)
    *

      Medical Exam
    *

      Evidence that the petitioner has the economic means to support an immigrant
    *

      If either the husband or wife has been married previously, the applicant must also submit all legalized divorce or death certificates in the long form (in extensa) that terminated those marriages.

Applicants over 16 years of age must also bring:

    *

      The receipt from the special security fee (US$10) paid at Banco Popular
    *

      Dominican national identification card

Applicant over 18 years of age must also bring:

    *

      Police certificate showing any criminal record

[Mayimbe007]

CR1/IR1

A CR1/IR1 visa is a immigrant visa meant to bring your foreign spouse to the US.  The process for this is usually requires filing a I-130 (Petition for Alien Relative) with USCIS.  The current cost of this form is $355.  Once the case is approved it moves off to the NVC which first requires the visa applicant to pick an agent.  The form used for this is the DS-3032 (Choice of Agent).  Once they receive this they send the agent (usually the petitioner) the Affidavit of Support Bill which currently costs $70.  Once the fee is received they will request that you send the I-864 (Affidavit of Support).  After this they will send you the actual Immigrant Visa Bill which costs $380.  Once they fee has been collected they will ask for all documents required for the visa interview which include DS-230, Good Conduct Certificate, Marriage Certificate (in-extensa format and legalized), Applicant Birth Certificate (in-extensa format and legalized).  Once all this is collected they will issue the applicant a visa interview staff permitting of course.

Advantages to CR1/IR1
1. Multiple Entry in the US.
2. With IR1 visa applicant is issued Permanent Residence upon entry to the US.
3. With CR1 visa applicant is issued Conditional Residence which is good for 2 years all they have to do to make it permanent is to lift conditions 90 days before the green card expires.

Disadvantage to CR1/IR1
1. Takes the longest amount of time to get your foreign spouse over here.

[ScottC]

CR1/IR1 VISA

GREEN CARD

Per the USCIS information website:

U.S. Citizenship and Immigration Services (USCIS) is revising the locations for filing Form I-130 that are currently listed in the form’s instructions posted on this website.  Until new instructions are posted, the following information applies:
Effective December 3, 2007, all petitioners filing stand-alone Form I-130 are encouraged to submit their petitions to the Chicago Lockbox instead of a USCIS Service Center.  I-130 petitions filed with the Chicago Lockbox will be routed to, and adjudicated at, the appropriate USCIS Service Center.  This routing will be based on the petitioner’s place of residence in the United States.

[twincactus]

Good info Scott! this should be posted in new visa rules too.

-Tim

[ScottC]

Hi Boss

Well you, I and Mayimbe spend a lot of time explaining the different types of visa's, so I thought it would help all of us, if we had a quick reference we could point new users to, then after they have read it, answer any questions they may still have

[twincactus]

I actually had planned on putting all of these on separate pages eventually. We can use the info from here until the time and then transfer it over.

Ultimately, I want to make a table matrix with all the types on it.

-Tim

[ScottC]

Hi Tim

You want to take a crack at the K3/CR1 process? Its the most detailed and I know how you like accuracy in these matters

[twincactus]

I will but I can't do it until tonight. I am swamped this morning and I have to sleep some time today before i go back to work tonight.


-Tim

[ScottC]

Partner dont worry, I'll get it up and you modify as required, go get some sleep

[ScottC]

K3/CR1

First, processing at the USCIS for both the I-130 and I-129F is mostly the same. When they are done at the USCIS (in the USA) they are said to be "approved". After the approval, the I-129F is sent directly to the Consulate, it stops off at the NVC just to receive a case number and is immediately sent to the Consulate to schedule an interview.

The I-130, however, is not finished after it is "approved" at the USCIS. It must first go through more processing at the NVC before it is sent to the Consulate. At the NVC, the DS-3032 choice of agent is sent out first for the I-130 processing. This is to designate someone in the USA (or anywhere else) to receive any and all paperwork for the I-130 case. At the same time, the I-184 fee bill is sent out. This is the bill for $70 for processing the I-864 affidavit of support. After you send in the $70 fee, the I-864 itself is generated and is sent out to you. You then send in the completed I-864 form. At this point, the DS-230 immigrant visa application fee bill is sent to the petitioner. This is the bill for $380 you hear so much about. At this point you send in the $380 to the designated agency and the actual DS-230 form is generated and sent out to the petitioner. At this point you send in the completed DS-230 and wait for your case to be approved at the NVC.

If your case is approved at the NVC, it will finally be sent to the Consulate for an interview or held for you to adjust staus after your SO has entered the US

In the meantime, your I-129F is already at the consulate.

So in our case at the DR, both the I-130 AND the I-129F are at the consulate at the same time on the same waiting list, BUT, your I-129F is significantly further along on the list than your I-130. The I-130 is the one you really want to process at this point because it saves you lots of money and time if your case is processed as a CR-1 or IR-1 visa (I-130) than if it is processed as a K3 (I-129F). So....you go to your I-129F interview because it is first, and at the interview either the consulate notices that you have an I-130 pending or if they don't you MAKE SURE you tell them it is. Then, your case will be processed as a CR-1 (if you are married less than two years) or an IR-1 (if you are married more than two years). This way, you won't have to adjust status when you get to the USA (a savings of over $1,000) AND your spouse will be able to work right away, get their green card right away, and get their driver's license right away, after they get to the USA.

[ScottC]

K3

Immigrant Visa Unit
How to Begin the K-3/K-4 Visa Process

What is a K-3 visa?

A K-3 visa is technically a nonimmigrant visa. Because the process is similar to that of an immigrant visa, however, the Immigrant Visa Unit of the U.S. Embassy in Santo Domingo handles K-3 visas. The K-3 visa is for spouses of U.S. citizens where a Form I-130 (Petition for Alien Relative) has been filed but has not yet been approved by U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security or has been approved by USCIS but has not yet been received by the Immigrant Visa Unit. This type of visa allows the holder to travel to the United States and then become a legal permanent resident via adjustment of status. K-4 visas are for the children of K-3 applicants.

How do I obtain a K-3 visa?

Your U.S. citizen spouse must file a Form I-130 (Petition for Alien Relative) by mail at the U.S. Citizenship and Immigration Services (USCIS) Service Center in the United States with jurisdiction over your spouse’s place of residence. Your spouse will then receive a Form I-797 (Notice of Action) stating that the Form I-130 has been received by USCIS. Your spouse must send a Form I-129F (Petition for Alien Fiancé(e)) and the Form I-797 with the appropriate fee to the following address:

    U.S. Department of Homeland Security
    U.S. Citizenship and Immigration Services
    PO Box 7218
    Chicago IL 60680-7218

Once your spouse has filed a petition for you, you may check its status by accessing the USCIS Case Status Search Page.

USCIS forwards the approved Form I-129F to the Department of State’s National Visa Center, which then sends it to the Immigrant Visa Unit of the U.S. Embassy in Santo Domingo. The Immigrant Visa Unit will send you a Package of Instructions for K-3/K-4 Applicants.

Please follow the instructions exactly. Failure to do so could result in a delay in your case and could even cause you to lose your chance to live and work in the United States.

The consular officer cannot decide whether or not to issue you a visa until you formally apply and are interviewed. Therefore, we strongly recommend that you NOT make non-refundable flight arrangements or other travel plans until and unless you actually receive your visa.

Once you enter the United States on a K-3 visa, you and your U.S. citizen spouse must contact USCIS to change your status to that of legal permanent resident. The change of status is NOT automatic.

Important note: The law generally requires that a K-3 visa for an applicant who married a U.S. citizen outside the United States be issued by a consular officer in the foreign state in which the marriage occurred.

What documents are required for my interview at the Consular Section?

All applicants for immigrant visas, regardless of age, must submit the following documents:

    *

      Passport and any previous, expired passport
    *

      Completed Form DS-230, Part I
    *

      Form DS-156
    *

      Form DS-156K
    *

      Legalized Birth Certificate in the long form (in extensa)
    *

      Medical Exam
    *

      Evidence that the petitioner has the economic means to support an immigrant
    *

      Legalized marriage certificate in the long form (in extensa) of the present marriage establishing the relevant marriage
    *

      If either the husband or wife has been married previously, the applicant must also submit all legalized divorce or death certificates in the long form (in extensa) that terminated those marriages.

Applicants over 16 years of age must also bring:

    *

      The receipt from the special security fee (US$10) paid at Banco Popular
    *

      Dominican national identification card

Applicant over 18 years of age must also bring:

    *

      Police certificate showing any criminal record

[ScottC]

CR1/IR1

Immigrant Visa Unit
How to Begin the Immigrant Visa Process

What is an immigrant visa?

An immigrant visa is a document issued by a U.S. consular officer abroad that allows you to travel to the United States and apply for admission as a legal permanent resident (LPR). An immigration inspector of U.S. Customs and Border Protection of the Department of Homeland Security makes the final decision as to whether or not to admit you as an LPR. Once you are admitted as an LPR, you generally have the right to live and work in the United States permanently. U.S. Citizenship and Immigration Services of the Department of Homeland Security will mail your permanent resident card (often called a “green card”) to your new address in the United States, usually within three months of your entry into the United States. Please see 22 CFR 42.11 for a list of immigrant visa classification symbols and a brief description of each.

What are the basic paths that lead to an immigrant visa?

There are three basic methods for obtaining an immigrant visa: 1) through a family relationship with a U.S. citizen or legal permanent resident or 2) through employment or 3) through the Diversity Immigrant Visa Program (the visa lottery). Most applicants in the Dominican Republic obtain their immigrant visas via family relationships.

How do I start the process of obtaining my immigrant visa?

The first step in obtaining a family-based immigrant visa is for your relative (the petitioner) to file a Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security. Your relative generally must file the petition by mail at the USCIS Service Center in the United States with jurisdiction over his or her place of residence. Once your relative has filed a petition for you, you may check its status by accessing the USCIS Case Status Search Page.

You may obtain an immigrant visa through employment rather than through a family member. More information on obtaining an immigrant visa through employment rather than through a family member is available from USCIS.

Please see the Instructions for the 2009 Diversity Immigrant Visa Program (DV-2009) for more information on the visa lottery. Note that natives of the Dominican Republic do not qualify as principal applicants in the Diversity Immigrant Visa Program.

What documents are required for my interview at the Consular Section?

All applicants for immigrant visas, regardless of age, must submit the following documents:

    *

      Passport and any previous, expired passport
    *

      Completed Form DS-230
    *

      Legalized Birth Certificate in the long form (in extensa)
    *

      Medical Exam
    *

      Form I-864, the Affidavit of Support, filled out by the petitioner. If the petitioner’s income does not meet the Poverty Income Guidelines, the applicant must also submit another Affidavit of Support from a co-sponsor.

Applicants over 16 years of age must also bring:

    *

      The receipt from the special security fee (US$10) paid at Banco Popular
    *

      Dominican national identification card

Applicant over 18 years of age must also bring:

    *

      Police certificate showing any criminal record

Whenever visas involve marriages or step-child/step-parent relationships, applicants also need to provide:

    *

      Legalized marriage certificate in the long form (in extensa) of the present marriage establishing the relevant marriage
    *

      If either the husband or wife has been married previously, the applicant must also submit all legalized divorce or death certificates in the long form (in extensa) that terminated those marriages.

Whenever the visa is for the petitioner’s parent, applicants must also provide:

    *

      Legalized Birth Certificate in the long form (in extensa) of the petitioner

[Raphael]

Thank you for this! This keeps me well informed and something to refer to and follow! 

[maliel05]

Scott,

In another thread it was said that there was no visa fee for the k1 visas.  But you mention that the fee is $455.00

I am a little confused    Is there a fee for k1 visas

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