1. What is the process for extending a petition beyond the original four-month validity?
The process is very simple. A consular officer can revalidate a K visa petition any number of times for additional periods of 4 months provided the officer concludes that the petitioner and beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary’s admission into the United States. To have the petition revalidated send a written request to the Embassy that includes a statement of your intention to go forward with the marriage. You can e-mail your request to the following address firstname.lastname@example.org.
2. Do dependent children need to receive K-2 visa at the same time as the K-1 beneficiary?
No, eligible dependent children can receive a K-2 visa within a year of the issuance of the K-1 visa to the principal beneficiary. This is true even if the K-1 beneficiary has subsequently married the petitioner, provided the dependent child is still unmarried and under 21 years of age at the time of the K-2 issuance. If a dependent child of your fiancé(e) seeks to enter the United States more than one year after your fiancé(e) has received a K-1 visa, it will be necessary to file an immigrant visa petition for the child.
For a child to obtain a K-2 visa, a K-1 visa must have been issued previously to the child’s parent. The child must have a separate travel document, if the child plans to travel independently, or the child’s information must be placed in a parent’s passport, if a beneficiary and child are going to travel together. A child or child’s guardian should contact the Call Center.Documents listed in the Information Packet that apply to a child’s case must be presented during a child’s interview.
3. Do dependent children need to travel to the USA at the same time as the beneficiary?
No, dependent children can go to the USA independently provided they have a separate travel document valid for at least 6 months after the visa issuance and a valid K-2 visa.
4. Should I include all of my fiancée's children in the K visa petition?
USCIS holds that all children of a K-1 beneficiary must be listed on the visa petition. If a child has been omitted on the petition you filed, the Embassy requires an original notarized statement from you that you know about the child and are aware the child is or may be seeking a K-2 visa.
5. What if my fiancée is pregnant and this is not disclosed on the approved petition?
Visa processing can continue in this case if the petitioner sends the Embassy an original notarized statement indicating awareness of the pregnancy and the desire to proceed with the marriage.
6. If I decide not to marry my fiancée, can I cancel the petition?
You should send us a written request by fax or e-mail to stop processing the case.
7. If my fiancée entered the U.S. on a K visa, but had to leave before we were married, can my fiancé(e) receive a new K visa?
K visas are issued valid for a single entry within a 6-month period. If a beneficiary has returned abroad prior to the marriage, the consular officer may issue a new K visa provided that the period of validity of the new visa does not exceed the 90th day after the date of initial admission to the US and provided also that the petitioner and beneficiary still intend and are free to marry as evidenced by a written request from a petitioner. After the 90th day, unless other arrangements have been made with USCIS prior to your fiancé(e)’s departure, you will need to start the K visa process again.
8. The Embassy mailed the Information Packet to my fiancée but s/he didn't receive it. What can I do?
Mail delivery in Ukraine is slow. You should allow one to two weeks for a letter from the Embassy to reach most locations in Ukraine. If your fiancé(e) has not received the Information packet in two weeks, s/he can download it from our web site. The Information Packet is posted on the Embassy website. Either you or your fiancé(e) can access the information directly from the website and can download the KEV-1 form and the rest of the instructional materials.
9.Will the Embassy fax me or my fiancée a copy of the Information Packet or the Appointment Packet?
Due to cost factors we cannot fax duplicate Information packets. All the information contained in the packet can be found on the Embassy website. If the Embassy has already sent out the Information packet, the applicant can use the information on the website as guidance for preparations for the formal visa interview.
10.Will writing to my Representative in Congress or my Senator speed up the process?
Every U.S. citizen may write to Congress about any matter of concern. We reply to all Congressional inquiries. Inquiring through Congress will not, however, speed up the process. Inquiries that you send yourself will receive the same answers we would send to Congress. As a matter of policy we ask all petitioners to limit their inquiries to one channel of communication. If you choose to inquire through Congress, please do not send duplicate inquiries directly to the Embassy.
11. Do I have to be present at the interview with my fiancée?
No. The visa interview is between the officer and the applicant only. No third party should be present unless specifically asked to be present by the Consular Section. If you are in need of a separate consular service, you must schedule an appointment . Should a U.S. citizen encounter any problems or find him/herself in danger during their stay in Ukraine, they should call and arrange their visit to the U.S. Embassy
12. Will my fiancée be able to communicate with the staff at the Embassy?
Yes, we have staff who speak English, Ukrainian and Russian.
13. What should I do about making travel arrangements for my fiancée?
Travel arrangements are your responsibility. We advise all applicants that final travel arrangements should never be made until a visa is actually issued. We also advise applicants not to take/quit jobs, sell property, or terminate leases until a visa is actually issued. Not every visa interview results in issuance of a visa. If you choose to make travel arrangements for your fiancé(e) before a visa is issued, you do so at your own risk.
14. What proof should I present to show that I can support my fiancée financially?
You must supply proof that your fiancee will not become a public charge. This proof can be supplied in different forms. Many applicants present a notarized I-134 affidavit of support. This form is available from http://www.uscis.gov/. Other acceptable forms of proof are a letter from your employer that indicates your current earnings and job history; your most recent federal income tax returns and bank statements or documentation of other assets. Do not submit the I-864 Affidavit of Support form. This form is used only in immigrant visa cases.
15. If my fiancée lives outside Kyiv, can s/he present the result of the medical examination from his/her local hospital?
No, the Embassy only accepts the medical reports prepared by the panel physicians in the clinic in Kyiv who have working contracts with the Embassy. If you have questions about the medical examination, please direct them to the clinic.