Required Documents For K-1 Visa Application

The following documents should be provided by your fiancé(e) to the US consulate in his/her home country while applying for the K-1 Visa.

• 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.
• Valid Birth certificate
• If applicable, divorce or death certificate of any previous spouse for both the applicant and the petitioner
• Police certificate from all places lived since age 16
• Medical examination (vaccinations are optional)
• Evidence of financial support - Form I-134 Affidavit of Support may be requested. (Should be sent by American sponsor.)
• Two Non-immigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)
• One Non-immigrant Fiancé(e) Visa Application, Form DS-156K
• Two nonimmigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background)
• Evidence of a fiancé(e) relationship - i.e. photos of engagement.
• Payment of fees

Required Documents of the Sponsor for K-1 Petition

• Form I-129F Petition for Alien Fiancé(e). If your fiancé(e) has unmarried children who are under 21, they are eligible to accompany your fiancé(e), but only if they are listed on this form.
• Your original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship.
• Completed and signed G-325A Forms, one with your information and one with your fiancé(e)'s.
• One color photo of you and one of your fiancé(e) taken within 30 days of filing
• A copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiancé(e) have been previously married.
• Proof of permission to marry if you or your fiancé(e) are subject to any age restrictions. (For instance, in some U.S. states, you must receive special permission to marry if you are under the age of 16.)

Process of Bringing your Fiance to the US through the K-1 Visa

• You, the US citizen, must file the Petition for Alien Fiancé(Form I-129F) with your local U.S. Citizenship and Immigration Services (USCIS) office.
• After the USCIS approves the petition, it sends the petition to the embassy or consulate where your fiancé(e) will apply for a K-1 non-immigrant visa. Once approved he/she will get a visa stamped on their passport and will be ready to come to the United States.
• After getting the fiancé(e) visa, your fiancé(e) enters the United States through a U.S. immigration port-of-entry. The U.S. immigration official gives your fiancé(e) instructions on what to do at the the port of entry.
• There are many advantages of having a social security number card the sooner the better. A permanent resident of the United States needs a Social Security number to: Work in the United States,Conduct business with a bank or financial institution,Pay taxes or to be claimed on a tax return.
• you and your fiancé(e) must get married within 90 days of his/her arrival.
• If your spouse plans to work and stay in the US, after marriage, he/she must file Form I-485 Application to register as permanent residence or to adjust status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR).
• The permanent residence you have received through this marriage is conditional, which means your new spouse's green card will expire in 2 years. You'll have to file the I-751 petition in order to remove this conditional status.

K-1 Visa Conditions

• Until the marriage takes place, your fiancé(e) is considered a non-immigrant.
• Your fiancé(e) may enter the United States only one time with a fiancé(e) visa.
• If your fiancé(e) leaves the country before you are married, your fiancé(e) may not be allowed back into the United States without a new visa.
• If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing the petition), your fiancé(e) will be required to leave the United States.
• If your fiancé(e) intends to live and work permanently in the United States, your fiancé(e) should apply to become a permanent resident after your marriage.
• If your fiancé(e) does not intend to become a permanent resident after your marriage, your fiancé(e)/new spouse must leave the country within the 90-day original non-immigrant admission.

K-1 Visa Overview

If you are an American citizen and are planning on marrying a foreigner you have the option of bringing you fiancé to the United States on a temporary non-immigrant visa to marry and live here. You may also apply to bring your fiancé's unmarried children, who are under the age of 21, to the United States via the same visa petition.

Legal permanent residents (green card holders) may not file petitions for the fiancé(e) visas, although they may petition for the immigration of their new spouse after the wedding.

The K-1 visa is a temporary visa to the United States for the sole purpose of getting married within the United States. This visa is not a permission to stay in the US for long term. You have 90 days to get married after your fiancé arrives in the country. If he/she plans to stay/work in the US, you will have to file another petition and application in order to adjust his/her status to a permanent resident (green card holder).

H4 Visa Required Documents

• Completed Non-immigration Visa application Form DS-156.
• Separate form for each applicant.
• Completed Form DS-157.
• Application visa fee original receipt issued by HDFC bank.
• Copy of interview appointment letter which you get at the time of setting appointment with VFS.
• Valid passport of each applicant.
• One photograph: 2 and 2 inches square (50 mm square) for each applicant, showing full face, without head covering, against a light background.
• Original receipt of application fee
• If the applicant is below 14 yrs of age, Original Birth Certificate of this applicant (child) is required.
• Spouse's original marriage certificate.
• Entire wedding photo album.
• A copy of of each sides marriage invitation card.
• Complete 36 pages copy of your principal H1's passport.
• Copy of principal H1 holders approved petition I797, form I-129 and LCA.
• H1 holder's employment verification letter.
• Pay stubs from principal applicant's current place of work and income tax return (if the H1 holder is already working in USA. )
• Demand draft for visa issuance Fee.

H4 Visa Overview

H4 visa is for the dependent family members of H1 visa holders who would like to join the H1 holder in the United States to stay for the H1 Visa period. Immediate family members like spouse and children under 21 yrs can qualify for this visa and can apply at the homecountry US Consulate. If you are applying for your visa along with your spouse, who is applying for H1 simultaneously, then you can submit both of your applications together. As a H-4 visa holder, you're not authorized to be employed in the US and are not eligible to get a Social Security Number. Although, you can get a drivers license, open bank account(s) and are eligible for an ITIN (Tax ID for IRS Tax purposes).

Documents required for re-stamping( H or L visa)

• Interview appointment letter.
• Original approved petition I797.
• Valid passport.
• You are recommended to have passport valid for travel for at least six months beyond your date of entry into the U.S.
• Original employment verification letter with description of your proposed duties.
• One photograph as per specification
• Original signed form DS-156
• Original form DS-157
• Valid HDFC Bank visa fee receipt.
• Demand draft for Issuance Fee .
• Original degree certificates.

This extension can only be applied by the employer and not by the individual H1b holder

H1 Visa Revalidation / Re-stamping

If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. Re stamping can be done at any US consulate out side of USA. While some neighboring country allow to do re-stamping for foreign nationals , It is recommended to get the re-stamping done in your home country.

The process of re-stamping is same as any new US visa stamping, except that there is flexibility and different/ min documents requirement. Even though though it is re-stamping applicant need to appear for personal interview at the US consulate. In India you can take appointment to any US consulate ( Mumbai, Delhi, Chennai, or Kolkatta) . Consulate also has priority/urgent appointment quota for people who are visiting India and need to do re-stamping.

H1 Transfer

Your H-1B can be transferred through the new company. Your new company files an application with the INS, for your H1 transfer. You might be asked to submit the following documents

• One or two latest pay stubs.
• Copy of your existing H1 approval.
• Passport copies.
• Copies of I-94 records.
• Copy of SSN.
• Latest Resume.
• Copy of existing valid visa.
• Copy of all your Diploma/Degrees.

Once it is submitted with the INS, it takes normally 3 to 8 weeks, or in some case a little more time. The time varies depending upon the location of employment.

H1B Visa Documentation

Following is a list of required documents for H1 visa stamping purpose.

• Copy of Appointment Letter
• Original Completed and signed All Visa Application Forms
• Completed Non-immigration Visa Application Form DS-156
• Each applicant in India taking appointment through VFS need to fill and provide DS157 irrespective of their age or gender. Application visa fee original receipt is issued by HDFC bank.( If you are applying in India)
• An Offer letter from the company who is sponsering your H1B in USA.
• A Valid Passport.
• Original Experience Certificates from all your previous employers
• All other legal papers you received with your H1 documents, like from I129.
• Two photographs 2 *2 inches
• Demand draft for visa issuance Fee
• Latest copy of your resume
• All your Original Degree Certificates along with marks memos
• Orginal HDFC fee receipt
• If visa granted passport will be delivered by courier at your address

Quota process for H1B visa

Currently H1B Total Quota is 65,000. for all the qualified people worldwide.

The New Quota starts and is available from April every year. There is an additional 20,000 quota for qualified people who have done there Master degree from USA. This quota is independent and additional to general 65,000 quota.

Once you receive the H1 approval petition original documents( I797 and from I129) from your H1 sponsoring employer you are ready for your H1 visa stamp.

H1B visa Procedure

• The Applicant should find an employer in USA who can offer a job.It can be done by searching the job openings in the job portals and attending the telephonic interviews to the companies ready to sponser the H1 Visa.
• The employer files the H1B petition for you with govt. authorities - dept of labor and USCIS.
• Once the petition is approved, you will get the H1 documents to your mailing address following an interview at your home consulate.after you get your H1 stamping done at your corresponding consulate you are ready to come to US to work and live on H1 visa.