K-1 Visa Processing in Warsaw, Poland
Immigration Attorney
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USCIS will notify you and forward the petition to the State Department for background security checks. The State Department will then forward the petition to the U.S. Embassy in Warsaw The U.S. Embassy in Warsaw processes fiancé/e visas for Belarus, Latvia, Lithuania, Poland, and Ukraine. Immigrant visas for fiance(e)s residing in Russia and Turkmenistan will be processed at the U.S. Embassy in Moscow. Immigrant visas for residents of Kazakhstan, Uzbekistan, Tajikistan, and the Kyrgyz Republic will be processed at the U.S. Embassy in Almaty. Immigrant visas for residents of Georgia, Armenia and Azerbaijan will be processed at the U.S. Embassy in Tbilisi. For residents of Estonia, the petitions will be forwarded to the U.S. Embassy in Helsinki. It takes four to eight weeks for the actual approved petition and its supporting documentation to reach the Embassy from the State Department. Your petition is valid for four months, but can be extended by the Embassy if a visa cannot be issued during that period and the intention to marry still exists. When you have received the approval notice from USCIS, you may request the Embassy to open a provisional case file for your fiancé/e. Opening a provisional file allows them to start processing the case before they receive the petition from USCIS. To open a provisional file they will need the following items: This information should be sent to them by fax, addressed to the Immigrant Visa Section, Warsaw, Poland. Their fax number is 011-48-22-627-4734. The fax should clearly state that you wish a provisional K-1 file to be opened for your fiancé/e. If you have an e-mail address, include it in your fax. For all cases they send a name-check cable that requires a reply from the FBI. They usually receive these responses within ten days, but some cases take substantially longer. If the beneficiary was born in Russia or is traveling on a Russian passport, they must also send an additional name-check cable that has a fifteen working day turnaround period. If your fiancée is Russian or was born in Russia, you should send the Embassy your full name and address, as this information is required for the additional cable. When they open a provisional file, they send a Packet 3 to the beneficiary. The Packet 3 tells the applicant what documents he or she must collect prior to the visa interview. Packet 3 for applicants from countries of the former Soviet Union is in Russian. The Embassy in Warsaw has forms and information sheets in Russian and staff who can speak Russian to ensure accurate communication with all applicants they process from Belarus, Latvia, Lithuania, and Ukraine. They also have forms in Polish and in English. Packet 3 asks your fiancée to assemble the following documents: Most of the countries of the former Soviet Union have phased out or are phasing out old Soviet passports. All Ukrainian applicants must have the current Ukrainian passports before notifying the Embassy that they have collected the documents listed in Packet 3. Original documents bearing the signatures and seals of the issuing authorities are required. Any documents in a foreign language should be accompanied by an English translation. When your fiancée has collected all the documents specified in Packet 3, he or she should notify the Embassy by returning the form in Packet 3 (Optional Form 169) certifying that all required documents have been obtained. They accept faxed copies of Optional Form 169. The Embassy will send out Packet 4 explaining the process of obtaining medical exams and scheduling an appointment for a visa interview when they have received the following items: It is necessary for them to have the actual petition on hand in order to conduct an adequate visa interview for most K visas. They open cases on the basis of telegraphic notification from USCIS of petition approval, but they do not schedule them until the actual petition arrives and the other conditions listed above have been met. After receiving the above-referenced information, they make every effort to schedule interviews as soon as possible. However, because of their heavy workload of fiancé/e cases, the first available appointment may be up to a few months after the above-listed conditions are met. On average, the first available appointment is about six weeks from the time when all the conditions listed above have been met. In cases in which the Embassy has received official telegraphic notification of petition approval from USCIS, but not the actual petition, and extreme hardship would result if scheduling did not occur until the actual petition is received, the Embassy will consider requests for interview scheduling on the basis of telegraphic notice of petition approval. You or your lawyer may make such a request by fax. The fax should clearly explain the basis upon which extreme hardship is claimed. The Embassy may require proof to be submitted to substantiate the claim. In cases in which the request is granted, the Embassy may also request additional information from you regarding your marital history and the history of your relationship with your fiancée. In certain cases however, they will determine at the time of the visa interview that they need all documents submitted to USCIS regarding the petitioner and the beneficiary in order to process the case to completion. Packet 4 contains an appointment date and instructions on where to go to complete the medical examination. Applicants may have the required medical exams in Kiev or in Warsaw. The medical exams must be performed by one of the physicians identified in Packet 4. K1 and K2 visa applicants are not required to submit proof of vaccinations or to undergo any vaccinations until they adjust status with the USCIS. Therefore applicants may wish to consider carrying their vaccination records with them to the United States to facilitate this process. In addition to mailing Packet 4, they will, upon request, notify by e-mail or ordinary mail attorneys of record or interested petitioners not represented by an attorney that Packet 4 has been sent and an appointment date has been set. The basic information contained in Packet 4 can be found on the Embassy web page at http://www.usinfo.pl. Visa interviews are by appointment only. Beneficiaries should not travel to Warsaw until they have received an appointment date from the Embassy. Applicants who appear without appointments are not interviewed. Appointment dates for K visas are posted on the Embassy web page in the first few days of each month. If your fiancé/e's case number appears on this listing and your fiancé/e has the Packet 4 information available from the website, he or she may come to the Embassy even if a Packet 4 has not been received in the mail. On the date of the appointment your fiancée should come to the Immigrant Visa section of the Embassy in Warsaw. Minor children under 14 do not need to attend the interview. They open at 8:00 a.m. and they accept cases until 10:00 a.m. They do not assign individual appointment times. The Embassy's address is Aleje Ujazdowskie 29/31, 00-540 Warsaw. The Embassy's consular entrance is at Ulica Piekna 12, between Aleje Ujazdowskie and Ulica Mokotowska. Your fiancé/e will fill out a Nonimmigrant Visa Application (OF-156) in duplicate, as well as a supplement to form OF-156. Each dependent child also needs Nonimmigrant Visa Applications in duplicate. Original documents, not copies, should be brought to the interview. Originals of primary documents, such as birth, marriage, and death records, will be returned to the applicant after the interview. Your fiancé/e will be asked to present: After a consular officer has reviewed the case, your fiancé/e will be interviewed. The consular officer will ask your fiancé/e questions about your relationship, such as how you met and when you decided to marry. The consular officer is required by law to verify that your relationship with your fiancée is real, that you met at least once within the last two years, and that you do intend to marry within 90 days of your fiancé/e's arrival in the United States. Your fiancé/e will be required to sign a statement regarding his or her legal capacity to marry and intention to marry. The consular officer will thoroughly review the case to make sure that your fiancé/e is eligible to receive a U.S. visa. Provided everything is in order at the time of the interview, your fiancé/e will receive a visa the same day. Your fiancé/e and each dependent child will pay a $45.00 non-refundable machine-readable-visa fee on the day of the interview. This fee must be paid in cash in U.S. or Polish currency. If your fiancée is not issued a visa, he or she will be given notification in writing at the time of the interview. Please review this notification before contacting the Embassy with questions about the case. Supporting documentation, including the K petition, birth certificate, Nonimmigrant Visa Application, and medical exam will be placed in a sealed envelope and given to the applicant for presentation to USCIS at the port of entry. They do not keep copies of this documentation at the Embassy. Frequently Asked Questions Q. What is the process for extending a visa beyond the original four-month validity? A. 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. Q. Do dependent children receiving K-2 visas need to travel to the United States at the same time as the K-1 beneficiary? A. No, eligible dependent children can travel to the United States on 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, provided the dependent child is still unmarried and under 21 years of age at the time of K-2 issuance. If a dependent child of your fiancée 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. Q. Should I include all of my fiancé/e's children in the K visa petition? A. 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 a written statement from you that you know about the child and are aware the child is or may be seeking a K-2 visa. Q. What if my fiancée is pregnant and this is not disclosed on the approved petition? A. Visa processing can continue in this case if the consular officer obtains a statement indicating awareness of the pregnancy and the desire to proceed with the marriage. Q. If I decide not to marry my fiancé/e, can I cancel the petition? A. You should make a signed notarized request to the Embassy asking to withdraw the petition. They will suspend processing if they receive a faxed copy of the statement, but they will not close the case until they receive the original in the mail. Q. If my fiancé/e 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? A. K visas are issued valid for a single entry and 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 does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. 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. Q. The Embassy mailed a Packet 3 to my fiancé/e but she didn't receive it. What can I do? A. Mail delivery from Poland to neighboring countries is slow. You should allow two to three weeks for a letter from Warsaw to reach most locations in Ukraine. If your fiancé/e has not received the Packet 3 in three weeks, the Embassy will mail another. The Packet 3 information is also contained on the Embassy website. You or your fiancée can access the information directly from the website and can download the OF-169. Q. Will the Embassy fax me or my fiancé/e a copy of the Packet 3 or Packet 4? A. Due to cost factors they cannot fax duplicate Packet 3 or Packet 4 information. The basic information in Packet 3 and Packet 4 can be found on the Embassy website at http://www.usinfo.pl. If the Embassy has already sent out a Packet 3, the applicant can respond to Packet 3 using the information on the website. If the Embassy already has scheduled a case and posted the case number on the website, the applicant can follow the Packet 4 instructions posted on the website. Q. Can the Embassy send something to my fiancé/e by international express courier? A. Due to cost factors they cannot send information to you or your fiancé/e by international express courier. If you, however, have an account with a courier that operates in Poland and who is willing to accept direct billing to your account number for services in Poland, they will consign material to that courier who will then bill your account directly. You must verify that the courier will accept this arrangement and you must supply the Embassy with your account number and written permission to send specific requested material using that account number. Courier services operating in Poland include UPS, Federal Express and DHL. Q. Can I pay for my fiancé/e's visa with a credit card? A. No, payment must be in cash at the Embassy, at the time the visa application is made. Q. Will writing to my Representative in Congress or my Senator speed up the process? A. Every American citizen may write to Congress about any matter of concern. Every inquiry they receive from Congress gets a reply. Inquiring through Congress will not, however, speed up the process. Inquiries that you send yourself will receive the same answers they would send to Congress. As a matter of policy they 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. Q. Can I accompany my fiancé/e to the interview? A. Yes, you can accompany your fiancé/e to the interview, but your presence is optional. Q. Will my fiancé/e be able to communicate with the staff at the Embassy? A. Yes, they have staff who speak Russian, Polish, Ukrainian and English. Q. What should I do about making travel arrangements for my fiancée? A. Travel arrangements are your responsibility. They advise all applicants that final travel arrangements should never be made until a visa is actually issued. They 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 fiancée before a visa is issued you do so at your own risk. Q. What proof should I present to show that I can support my fiancée financially? A. You must supply proof that you can support your fiancé/e, but proof can be supplied in different forms. Many applicants present a notarized I-134 affidavit of support. This form is available from USCIS. 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. Address-U.S.: Department of State 5010 Warsaw Place Washington, D.C. 20521-5010 Address-U.S.: U.S. Embassy Immigrant Visa Section Ul. Piekna 14a Warsaw 00-540 Poland Phone +48-22/628-3041 Fax +48-22/628-8298 Email: fiancewrw@state.gov |
