Visa Instructions for Fiancé(e) Nonimmigrant Visa Applicants

This office has received a petition entitling you to K-1 nonimmigrant visa classification as an alien proceeding to the United States to marry an American citizen. To prepare for your interview appointment with a consular officer, please read and follow carefully the instructions below:

1. Complete and return immediately to this office the form DS-230, Immigrant Visa Application Part I, Biographic Data. We cannot process your case until this form is received.

2. Fill out two copies and sign forms DS-156, Nonimmigrant Visa Application. Please refer to our forms page for information regarding the Electronic Visa Application Form (EVAF). If your children will apply with you, two copies of forms DS-156 for each child must be completed in full, including photograph. These forms must be submitted at the time of your final visa interview: DS-156K, Nonimmigrant Fiancé(e) Visa Application. All questions must be answered. Do not sign this form, it is to be signed in front of the consular officer on the day of your interview.

3. Obtain the documents on this checklist which relate to you. Do not send them to this office, they are to be submitted at the time of your final visa interview.

   Document requirements

   Please obtain original documents or certified copies from an appropriate authority, for yourself and all unmarried children under 21 years of age who will accompany you to the United States. All documents that relate to your petition are required, even if they were previously submitted to USCIS with your petition.

   Evidence of Relationship

   You may be asked to submit proof of a valid fiancé/fiancée relationship with your petitioner. It is, therefore, useful to bring with you letters, photographs, or other evidence of your engagement.

   Birth certificates

   Obtain the original, or certified copy, of the birth record of each family member (yourself and all unmarried children under the age of 21) even if the children are not immigrating with you.

   The certificate must contain:

   • Person’s date of birth
   • Person’s place of birth
   • Names of both parents
   • Annotation by the appropriate authority indicating that it is an extract from the official records

   Unobtainable birth certificates

   Your birth record may not be obtainable. Some reasons are listed below.

   • Your birth was never officially recorded.
   • Your birth records have been destroyed.
   • The appropriate government authority will not issue one.

   Please obtain a certified statement from the appropriate government authority stating the reason your birth record is not available. With the certified statement you must obtain secondary evidence. For example:

   • A baptismal certificate that contains the date and place of birth and both parent’s names providing the baptism took place shortly after birth
   • An adoption decree for an adopted child, or
   • An affidavit from a close relative, preferably the applicant’s mother, stating the date and place of birth, both parent’s names, and the mother’s maiden name.

   Child Custody

   Any minor child applying with a parent must submit custody information. This may include a court “Order of Residence” & “Relocation Order” verifying sole custody to the immigrating parent or a signed and dated affidavit from the child’s other parent advising of his/her knowledge and consent for the child to live in the United States which should include a copy of a photo ID of that parent, or a death certificate of the other parent.

   Please note: An affidavit must be executed before an official authorized to take oaths or affirmations. Information regarding the procedures for obtaining birth certificates is usually available from the embassy or consulate of the country concerned.

   Passports

   A Passport must be valid for travel to the United States and must have at least eight months validity beyond the issuance date of the visa. Children may be included on a parent’s passport, but if over the age of 16, they must have their photographs attached to the passport.

   Deportation

   Applicants who have previously been deported or removed at government expense from the United States must obtain Form I-212, Permission to Reapply after Deportation, from the U.S. Citizenship & Immigration Service, or from a U.S. Embassy or Consulate, and follow the instructions included on that form.

   Medical Examination

   Arrange for a medical examination with one of the physicians listed on the attached information sheet. You are responsible for the cost of the examination. A medical examination is also required for each child who will accompany you.

   Court and Prison Records

   Persons who have been convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of the fact that he or she may have subsequently benefited from an amnesty, pardon or other act of clemency.

   Court records should include:

   • Complete information regarding the circumstance surrounding the crime of which the applicant was convicted, and
   • The disposition of the case, including sentence or other penalty or fine imposed.

   Military records

   Persons who have served in the military forces of any country must obtain one copy of their military record.

   Please note: Military records from certain countries are unavailable. More specific information is available from NVC or the nearest United States immigrant visa processing post.

   Marriage certificates

   If you were married previously, obtain an original or certified copy of your marriage certificate bearing the appropriate seal or stamp of the issuing authority.

   Termination of prior marriages

   Applicants who have been previously married must obtain evidence of the termination of each prior marriage. Evidence must be in the form of original documents issued by a competent authority, or certified copies bearing the appropriate seal or stamp of the issuing authority.

   Acceptable evidence is a:

   • Final divorce decree
   • Death certificate, or
   • Annulment.

   Translations

   All documents not in English, or in the official language of the country in which application for a visa is being made, must be accompanied by certified English translations.

   The translation must include a statement signed by the translator that states that the:

   • Translation is accurate, and
   • Translator is competent to translate.

   Affidavit of Support

   Evidence which will show that you and your children, if any, are not likely to become public charges in the United States. The affidavit of support, Form I-134, which your petitioning fiancé(e) needs to complete on your behalf and on behalf of any children if applicable. The I-134 must be submitted with supporting documentation from your fiancé (e) to prove his/her ability to support you upon your arrival into the U.S.

   Photographs

   Two photographs are required. They must be unmounted full-face photos, taken within the past 6 months; photos should measure 2 inches square (roughly 50mm square) with the head centered in the frame. The head measured from the top of the hair to the bottom of the chin should measure at 1 inch to 1 3/8 inches (25mm to 35mm) with the eye level at 1 1/8 inch to 1 3/8 inches (28mm and 35mm) from the bottom of the photo. Photos should be printed without borders. The photograph must be full-face view in which the visa applicant is directly facing the camera.

   Police certificates

   Police certificates are required for each visa applicant aged 16 years or older. The table below shows how many police certificates are required based on where each applicant lives and has lived previously. Present and former residents of the United States should NOT obtain any police certificates covering their residence in the U.S.

   If the applicant…	And…	Then the applicant needs a police certificate from…
   is living in their country of nationality at their current residence for more than 6 months	is 16 years old or older	the police authorities of that locality.
   lived in a different part of their country of nationality for more than 6 months	was 16 years or older at that time	the police authorities of that locality.
   lived in a different country for more than 12 months	was 16 years or older at that time	the police authorities of that locality.
   was arrested for any reason, regardless of how long they lived there	was any age at that time	the police authorities of that locality.

   The police certificate must:

   • Cover the entire period of the applicant’s residence in that area, and
   • State what the appropriate police authorities’ records show concerning each applicant, including all arrests, the reason for the arrest(s), and the disposition of each case of which there is a record.

   Please note: Police certificates from certain countries are unavailable. More specific information is available from NVC or the nearest United States immigrant visa processing post.

4. When you have gathered all documentation, complete and mail the DSL-1076 form to the U.S. Consulate General, Sydney. That office will contact you with your visa interview time. Please do not fax forms DS-230 Part I and DSL-1076, the originals must be mailed.

Last update Tuesday, 13 May 2008