Haiti Fiancee Visa Preparation

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Instructions from US Embassy, Port-au-Prince, Haite

Pre-Screening System "Packet 3.5"

The Consular Section in Port-au-Prince interviewed over 40,640 immigrant visa applicants in fiscal year 2000. Only approximately 30% of those applicants qualified for a visa at the initial interview. In an effort to increase the number of applicants who present all essential documents at the interview, and, therefore, reduce the waiting time for the immigrant visa, the Consular Section has developed a pre-appointment document screening system known as "Packet 3.5."

In the past, applicants were scheduled for an interview when they reported themselves documentarily qualified to the Consular Section. Even after reporting themselves documentarily qualified, the majority of applicants were still missing required documents; these applicants were refused at the time of the interview and were asked to send the documents to be reconsidered later. Because the majority of applicants reported themselves documentarily qualified as soon as they received the Packet 3, the waiting time for an appointment was typically 12 to 15 months.

In an effort to increase the percentage of applicants who have the necessary documents at the time of the interview and to decrease the waiting time, the Consular Section in Port-au-Prince has developed the Packet 3.5 system to pre-screen applicants. As soon we receive a Packet 3 from the NVC, the Consular Section mails the applicant a Packet 3.5. The Packet 3.5 contains a list of documents that the applicant must present at the time of the interview. The instructions direct the applicant to assemble the documents and deposit them at a local courier service. For a small fee, payable by the applicant, the service assembles a packet for each applicant and delivers the packets to the Consular Section daily.

The Consular Section screens each packet for completeness. If the applicant has included all necessary documents, the Consular Section returns a sealed packet to the courier service with a label informing the applicant when to return for their interview, usually within 2 weeks. If the packet is incomplete, the applicant will be asked to gather the missing documents and return for an interview at a later date, usually within 2 months. This system allows the Consular Section to schedule immediately applicants who are ready for an interview and notify other applicants of the additional documents that they must obtain before their interview.

The Packet 3.5 pre-screening system resulted in more applicants qualifying for an immigrant visa at the initial interview. This, in turn, decreased the number of cases that require reconsideration and, ideally, sped up the entire immigrant visa application process for many applicants. The Packet 3.5 system is just one of many new initiatives being developed by the Consular Section in Port-au-Prince to better serve the public.

After USCIS approval, the petition is sent to the National Visa Center for processing. The petition is then forwarded to the embassy or consulate where the fiancé(e) will apply for a K-1 nonimmigrant visa for a fiancé(e).

A Fiancé(e) Is Also an Immigrant

Because a fiancé(e) visa permits the holder to immigrate to the U.S. and to marry an American citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.

Applying for a Visa

The following is required for a fiancé(e) visa:

1. A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.
2. Original birth certificate (Extrait des Archives Nationales).
3. Original divorce or death certificate of any previous spouse for both the applicant and the petitioner (Extrait des Archives Nationales).
4. Medical examination (vaccinations are optional, see below).
5. Evidence of financial support (Form I-134, Affidavit of Support).
6. Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.).
7. One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K.
8. Two nonimmigrant visa photos (each two inches, 50 X 50 mm square, showing full face, against a light background).
9. Evidence of a fiancé(e) relationship such as photos, proof of the petitioner’s travel to visit the fiancé(e), letters, cards, phone bills, emails or other documents that demonstrate an ongoing relationship.
10. Payment of fees.

The consular officer may ask for additional information according to the circumstances of the case.

Bring clear, legible photocopies of civil documents, such as birth and marriage certificates, to the interview. Original documents can then be returned to you.

Fees

Fees are charged for the following services:

1. Filing an Alien Fiancé(e) Petition, Form I-129F
2. Nonimmigrant visa application processing fee
3. Medical examination
4. Fingerprinting fees, if required
5. Additional costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, birth certificates, etc.), and expenses for travel to the embassy or consulate for an interview. These costs vary on a case by case basis.
6. Filing Form I-485 Application to Register Permanent Residence or to Adjust Status.

Vaccination Requirements

All applicants for immigrant visas are required to have the following vaccinations if appropriate for age, medical condition or medical history:

1. Mumps
2. Measles
3. Rubella
4. Polio
5. Tetanus and diptheria toxoids
6. Pertussis
7. Influenza type B
8. Hepatitis B
9. Varicella
10. Pneumococcal

Although fiancé(e)s are not required to fulfill this requirement at the time of the medical examination for a K-1 visa, most choose to fulfill it because vaccinations are required to adjust status following the marriage.

What Must Happen After Getting the Fiancé(e) Visa?

After receiving the K-1 fiancé(e) visa, the fiancé(e) will enter the United States through a U.S immigration port-of-entry. The U.S. immigration official will give the fiancé(e) instructions on what to do when he/she enters the United States. The fiancé(e) and the petitioning American citizen must be married within 90 days of the fiancé(e)’s entry into the United States.

After marriage, the American citizen spouse must file Form I-485 Application to Register for Permanent Residence or to Adjust Status with the USCIS office that serves the area where he/she lives in the United States. He/she must fill out the Affidavit of Support, Form I-864, with USCIS for the spouse's application to become a lawful permanent resident (LPR).

Can a K-1 Visa Holder Leave the United States?

The K-1 visa allows a fiancé(e) to enter the United States one time only. If he/she leaves the United States after entering on a K-1 visa, he/she may not re-enter on the same visa. In order to leave and re-enter the United States, the fiancé(e) should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where he/she lives for advance parole to return to the United States.

Can a K-1 Visa Holder Work in the United States?

A K-1 visa holder may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where he/she lives for a work permit (employment authorization document).

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. The American citizen petitioner must make sure that the name of the child is included in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is more than one year from the date of visa issuance, a separate immigrant visa petition is required.

Per immigration law, a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

How Long Does It Take?

The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. (It is important to give correct addresses and telephone numbers.) In addition the embassy or consulate may need to get security clearances for the applicant.

What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

• Trafficking in drugs
• Having HIV/AIDS
• Overstaying a previous visa

The consular officer will tell the applicant if he/she is ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. 

Preparing for the Interview

On the day of the interview at the Consular Section, each applicant must present the following documents:

1. A valid Haitian passport and a photocopy of the ID page of the passport
2. Original extract of birth certificate from the National Archives of Haiti (Extrait des Archives Nationales)
3. Other original civil documents (e.g. extract of marriage certificate, divorce decree, death certificate), as required
4. Additional evidence of relationship (see below)
5. An Affidavit of Support, Form I-864, or Form I-134, if required
6. A medical examination
7. A completed application form (Forms DS-230-I and DS-230-II)
8. Three photographs

Evidence of Relationships

Parent/Child or Siblings: Primary evidence of a parent-child or sibling relationship may be supplemented with:

• old photographs of the child and parent together;
• old letters with postmarked envelopes;
• baptism certificates;
• school and medical records; and
• any other document showing an ongoing relationship.

The presentation of supplemental documents at the time of the interview is particularly important in cases where the applicant's birth was not registered at the National Archives soon after he or she was born. If the evidence is inconclusive, the Consular Officer may recommend that the beneficiary and the petitioner consider having a DNA test to prove scientifically the existence of the required family relationship.

Spouses: A combination of the following documents may act as satisfactory proof of a legitimate marriage:

• photos of the wedding ceremony;
• other photos of the couple together;
• past correspondence exchanged between the petitioner and the beneficiary;
• joint bank or credit card accounts;
• joint ownership of property;
• life insurance policy or retirement plan naming the beneficiary;
• original birth certificates of any children the couple has together;
• photocopies of any and all passports the petitioner has used since he has been married (to show the frequency of travel to Haiti); and
• telephone bills showing telephone calls made to each other.

Help in Preparing for the Interview

Applicants who would like help in preparing the documents required for the immigrant visa interview are advised that travel agents in Haiti may be willing to provide such a service, for a fee. The Consular Section, however, cannot recommend any particular agency.

Important Note: We are serious about visa fraud. Please be truthful in the information and documents you provide. If you submit fake or altered documents to the Consular Officer, you may become permanently ineligible for a visa to the United States. In addition, you could be subject to prosecution under Haitian law. Be wary of persons outside the Consular Section offering you documents, assistance or claiming a connection to the Consular Section who want to facilitate your visa application. If you are approached by such persons, please report it to the guards or a Consular Officer at the Consular Section. Only an American Consular Officer may decide who is granted a visa based on U.S. law.

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