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Documents and Forms

Packet Three – K1 Visa

Your non immigrant K1 visa petition has been approved.   While no assurance can be given regarding the date of your visa interview appointment, you should now prepare for that appointment by taking the following steps:

First: Complete and return immediately to the Immigrant visa section at the American Embassy the enclosed Form (Applicant Statement) and form DS-230 Part 1. 

Second: Obtain the following documents on this checklist, which pertain to you.  As you obtain each document, check the box before each item and return this form to the Immigrant Visa Section at the American Embassy, New Delhi.  Do not send the documents to this office. You are required to submit the documents at the time of your interview.

Passport:  Each applicant must have a valid passport.  The passport must be valid for travel to the United States and must have at least six months validity beyond the issuance date of the visa.  The passport should reflect the correct name and date of birth of the applicant.  The visa is issued in the name given in the applicant’s passport.  A female applicant does not compulsorily have to change her name to her married name.  Those applicants whose passports are issued in their maiden names will have their visas issued in their maiden names.  Applicants should bring all current and former/expired passports with them to the Embassy for their interview.

Photos:     See attached sheet.

Application Forms:  attached forms DS-156, Nonimmigrant Visa Application, for each applicant (two for each applicant).  Separate forms should be completed for each applicant.   When completing the form please include all names used by each applicant, including any names used in the past.  In particular, married women must be sure to include their full name as used before marriage, after marriage, and any other aliases.  Please use the exact spelling and name order indicated in the applicant’s passport.

Birth Certificate:  Original and photocopy.  Each applicant must submit an original and a clear photocopy of his/her birth certificate.  The certificate should include the applicant’s name, date & place of birth, the names of both parents, and the seal of the issuing office; i.e., the municipal authorities.  If your name is not mentioned in the birth certificate and if any details are missing in the birth certificate or if there is a discrepancy regarding your date of birth or name, submit the certificate along with secondary evidence.

Secondary evidence can be a baptismal certificate, an adoption decree, a school record, a notarized affidavit from a close relative (a parent, a close relative, a neighbor or friend who was present at the time of your birth) on the appropriate stamp paper, which must be sworn before a First Class Magistrate.  The person making this affidavit must state how he/she knows your family and how he/she knows the facts of your birth. Secondary evidence must have your name, date and place of birth; names of both parents; and the seal of the issuing office.  If your birth was not recorded, please submit a “no record of birth registration” letter from the relevant municipality along with secondary evidence and if your birth record has been destroyed or the municipality authorities will not issue one, submit a letter from the municipality stating so along with secondary evidence.  Secondary evidence may be a baptismal certificate, an adoption decree, a school record, a notarized affidavit from a close relative (a parent, a close relative, a neighbor or friend who was present at the time of your birth) on the appropriate stamp paper, which must be sworn before a First Class Magistrate.  The person making this affidavit must state how he/she knows your family and how he/she knows the facts of your birth. Secondary evidence must have your name, date and place of birth; names of both parents; and the seal of the issuing office. 

Note: If any of these documents were issued in a regional language, a notarized English translation is required in addition to the original.

Termination of Previous Marriage: All applicants who have divorced or whose spouses have died must provide an original and a clear photocopy of proof of the legal termination of all previous marriages (death certificate of spouse, divorce decree). Divorce between Hindus and Christians must be documented by a court order.  A certificate from the Kazi or the head of the Jammat must document divorce between Muslims.  If any of these documents were issued in a local language, a notarized English translation is required in addition to the original.

Proof of Relationship:  We strongly suggest that all applicants bring extensive documentary evidence of the relationship between the petitioner and the primary beneficiary and between the primary beneficiary and any derivative beneficiaries.  Failure to do so could greatly delay your application while your application is investigated.  Some examples of such evidence are family and other photographs (old and recent) showing the parties together, letters, cards, correspondence, and telephone records.

Police Report: Each applicant aged 16 years and older must submit a police certificate that includes information regarding the applicant including all arrests, the reason for the arrest(s) and the disposition of such cases.  (A) Indian citizens residing in India for six months or more since turning 16 years of age must present Indian police clearance certificates from the local area passport office. This certificate is valid for one year from the date of issuance.  (B) If an Indian citizen who has lived in India for at least one year after the age of 16 currently resides outside India, he/she must obtain a certificate issued by the Indian Embassy or Consulate where he/she lives.  These certificates are valid for only one year from the date of issuance. 

(C) Foreign police certificates: applicants who have resided in any other country for one year or more after the age of 16 must also submit police certificates for these countries.  Applicants may inquire with our Immigrant Visa Unit regarding police certificates for these countries, telephone number: 0120 6611411 , Email: infousdelhi@vfshelpline.com.  You may also check in the visa reciprocity table on the website http://www.travel.state.gov/.  (D) U.S. police certificates are not required for applicants who have lived in the U.S.A.  (E) Non-Indian immigrant visa applicants residing in India should obtain police certificates from the district police station serving their area of residence.

Deportation: Any applicant who has been deported from the United States must submit all documents relating to the matter.

Prison Records: Applicants who have been convicted of a crime must submit court records, prison records, records regarding the disposition of the case and any additional information regarding the crime, regardless of the fact that he/she may have subsequently benefited from an amnesty, pardon or other act of clemency.

Military Records:  A certified copy of any military record is required.  The record should contain a complete record of the applicant’s service and conduct while in service.  It must show any conviction of crime before a military tribunal.  A discharge certificate is required upon discharge, retirement, or resignation from military service.

Affodavit of Support:
 
Note: Only U.S. consular officers, DHS officers and U.S. notaries are authorized to notarize form I-134.

Each visa applicant needs to satisfy the consular officer that he/she will not become a public charge.  The petitioner must provide a notarized affidavit of support (form I-134), form 1040 and W2 for the most recent taxable year and proof of U.S. citizenship.  If the petitioner’s income is not sufficient the applicant MUST submit the above documents from the petitioner along with the same documents from an additional sponsor willing to assume financial responsibility for the visa applicant.  See the paragraph below for details regarding these documents.

Form I-134.

Documentary evidence that the petitioner/joint sponsor is a U.S.citizen /U.S. permanent resident (e.g. clear photocopy of birth certificate / certificate of naturalization / U.S. passport / both sides of green card, as applicable).

Federal tax return (form 1040) with all W2s and supporting schedules for the most recent taxable year. 

If the petitioner did not file a tax return, then the petitioner must provide a written explanation of why he/she had no legal duty to file the return.

If the petitioner filed a late or amended tax return, he/she should submit evidence of it. 

If the petitioner does not have copies of his/her tax returns, an Internal Revenue Service (IRS) summary should be submitted. 

Fees :     Visa fees are not refundable; they must be paid through a rupee bank draft drawn on a nationalized or foreign bank.  The bank drafts must be issued on the name of “The American Embassy, New Delhi”, and should be payable in Delhi.  Traveler's check or Cash in US $ is acceptable.  As the rate of exchange can change, we recommend that applicants check the current consular rate of exchange at our website newdelhi.usembassy.gov or contact the Embassy ahead of their interview to obtain the current consular rate of exchange.  Only single draft is required.  Exchange rate subject to change without notice.

Note:  The above fees are separate from the fee charged when an nonimmigrant K3 visa petition, form I-129F is filed. 

Important
Applicants must submit all required documents on the day of their interview.


Applicant's Statement

I have in my possession and am prepared to present all documents listed above which apply to my case.  I fully realize that no advance assurance can be given when or whether a visa will actually be issued to me/us.  I also understand that I should NOT give up my job, dispose of property, or make any final travel arrangements until a visa is actually issued to me.  At such time as it is possible for me to receive an app ointment to make formal visa application, I intend to apply (check appropriate boxes):

Alone

Together with my following minor children ___________________________________________________
(Print complete names of each child who will accompany you)

Date: (mm-dd-yyyy)________________ NWD case number_____________________

Signature:____________________________ Print Name:______________________


If you would prefer that we communicate with you by e-mail, please write your e-mail address below.  Please use block letters and put one character in each box:

Please do not make any travel plan before issuance of visa.

Any false statement or concealment of a material fact may result in your permanent exclusion from the United States.  Please do not make any travel plans until the visa is issued to you.

Enclosure:
1) Affidavit of support (For I-134)
2) DS 230 part I
3) Photo Instructions