Archive-name: us-visa-faq/part5
Last-Modified: June 6, 1994

Currently, the alt.visa.us FAQ is maintained by 
B.G. Mahesh [mahesh@evb.com]

Many FAQs, including this one, are available via FTP on the archive site
rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this
faq is /pub/usenet/news.answers/us-visa-faq/part5. To get the FAQ by 
E-mail, you should send a message to mail-server@rtfm.mit.edu with
        send usenet/news.answers/us-visa-faq/part5
in the body of the message.

Please see part1 of this faq for standard disclaimers.

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                       K Visa
                       ------

Q: Who can apply for K visa?
A: [from Neil Kolban, kolban@vnet.IBM.COM]
   The K class visa is the "alien fiance(e)" visa, which an nonimmigrant
   visa.  A US citizen who whishes to marry a foreigner may file a K 
   class petition (I129F) which, when granted, allows the foreigner to 
   enter the US and marry within 90 days of arrival.  Once married, the 
   foreigner should file for conditional permanent residence.  There are 
   two K class visas:
                  K1 - for direct fiance(e)
                  K2 - for children of fiance(e)

Q: How do I obtain a K visa for my fiance(e) (who is not currently in
   the US)?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   You must petition the INS, obtain their approval, and then the
   fiance(e) must submit to an interview at the US consulate in the
   foreign country.

Q: How long does it take to get a K visa?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Generally, once the petition is filed, it takes about 30 days to
   hear from the INS their approval or denial, then at least another 
   30 days for the paperwork to be transmitted to the foreign embassy
   and for the interview appointment to be arranged.  It can take up
   to 5 or 6 months total, though usually it is 90 days or so.

Q: How long is it good for?  What are the conditions?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   It is valid for 90 days, within which time you must get married and
   then apply for the change of status to permanent residence. 

Q: What is needed for the petition?  
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Forms needed: the G-325A, Biographic Information, must be filled 
   out for the petitioner and the fiance(e), and the I-129F Petition 
   for Alien Fiance(e).

Q: Can I do this myself, or do I need a lawyer?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Either.  An attorney can help expedite and answer questions, but
   there is no reason it can't be done without one.  

Q: How much will a lawyer charge?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   Varies widely, but quotes here in Los Angeles were:
   $1500 due upon approval of petition
   $1200 covering both fiance(e) visa *and* eventual green card

**note**:  approval of the petition does not complete the process of
obtaining a fiance(e) visa!!  The fiance(e) must still be interviewed
and approved by the consulate. 

Q: How will I know the petition is approved?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   You will be sent a Notice of Action, Form I-797, stating approval
   or disapproval.  

Q: What is needed after petition approval?
A: [From Rob Lingelbach, rob@xyzoom.info.com]
   The fiance(e) should call the US consulate, and an
   interview will be scheduled after the fiance(e) has gathered the
   following items:  [from jrallen@devildog.attmail.com]

   --Two certified copies of the birth certificate.  
   --A passport valid for at least 6 months.  
   --A police certificate in duplicate, certifying no criminal record.   
   --A medical examination by a doctor approved by the 
     consulate will take place before the interview.
   --Four color photographs.
   --Evidence of support in the US --proof that the fiance(e) will not
     become a charge of the USA.  Form 167 details what is needed; 
     the Affidavit of Support (I-134) is the usual method.  This form 
     requires:
 
 1) Income, property, and investment information.
 2) Loans and expenses.  
 3) Willingness  to deposit a bond with immigration.
 4) Acknowledgement of the Social Security Act....
 5) Notarized copies of latest tax return.
 6) Statement from employer about salary.
 7) Statement from bank officer about accounts...
 8) If well established as a business owner, a rating from
    a rating agency.
    
    - For previously married persons, two copies of their marriage
      certificate and proof of termination.

Q: What is needed at the interview?
A: [From jrallen@devildog.attmail.com] 
   o Proof of the relationship.  
   o Photos showing the two of you together, letters and correspondence,
     telephone bills, airline tickets, etc.
   The INS is very interested in being certain that it is not a "sham"
   marriage for the purpose of immigration.  Typical questions asked:
   where you met, where the US citizen works.
 
                      L Visa
                      ------

   This entire section was published on page 36 of "India Abroad",
   Dec 31, 1993. I have included just a part of it. "India Abroad"
   or the author of this article is in NO WAY responsible for the
   information provided here.

Q. What is L-1 visa?
A. The L-1 visa category was established to facilitate the transfer
   or rotation of foreign personnel of an international company into
   the United States. Although originally targeted toward large U.S. 
   multi-national corporations, this is an appropriate method for companies 
   of all sizes to seek immediate immigration benefits for their 
   qualifying employees. Further, the L-1 visa may provide quick access
   to lawful permanent resident (immigrant) status in the United States.

Q. Who qualifies for a L-1 visa?
A. The L-1 is available to a foreign national who, within the three
   years immediately prior to entering the U.S., has been employed
   abroad for at least one continuous year and is now seeking temporary
   admission to the U.S. to be emplyed by a parent/branch/affiliate/subsidiary
   of that foreign employer in a managerial or executive capacity, or in a 
   position requiring specialized knowledge.

Q. For how may years is L-1 visa issued for?
A. An L-1 petition may be approved initially for up to three years, 
   with the possibility of extension for up to four more years. In
   the case of a "new office" in the U.S., the L-1 will be limited to 
   one year initially with extensions provided thereafter if the new
   office flourishes.

Q. Can dependants of L-1 come to USA?
A. The spouse and children (under 21 years and unmarried) may obtain
   L-2 visas allowing them to enter the U.S with the principal alien,
   however, they are not allowed to work unless they can qualify on
   their own for a work visa. They are allowed to attend school and/or
   participate in volunatary organizations.  

+Q. Can I apply for a L-1 visa?
A. [From Veit Irtenkauf, veit@unify.Com]
   No.  The US subsidiary of the company you work for has to file the
   application.  Part of the application is proof of existance of a
   subsidiary in the country where you currently live (Note: The European
   Union is not considered to be a country.  If you live in France, your
   company has to have an office in France to apply for the transfer.  An
   office in Germany doesn't help)

+Q. Can my company apply for multiple L-1 visas?
A. [From Veit Irtenkauf, veit@unify.Com]
   No, since a company is regarded as one legal entity in the US.  However,
   if you work for more than one company, each company could ideally apply
   for a L-1 visa.

+Q. What happens, if one of the subidiaries (either in the United States
   or in the foreign country) goes out of business?
A. [From Veit Irtenkauf, veit@unify.Com]
   The L-1 visa is dependent on the existance of both a subsidiary in the
   United States and the foreign country.  If either or both ceases to
   exists, your visa automatically becomes void and your work permit is
   automatically terminated

+Q. Does this mean I have to leave the United States?
A. [From Veit Irtenkauf, veit@unify.Com]
   Yes! Since you lost your work permit and your visa, you are not allowed
   to work in the United States any longer, unless you have another visa
   like an H-1B.  If you have a visitor visa (B-1, B-2), you can certainly
   stay, but your are not allowed to work any longer.

+Q. In case I want to escape the trap with the involuntary termination, if
   my company goes out of business, can I switch to a different kind of
   visa (e.g., to an H-1B) at any time?
A. [From Veit Irtenkauf, veit@unify.Com]
   Yes.  All what the company has to do is to apply for the other visa.

+Q. In case the new visa is not granted will I automatically lose my old
   visa.
A. [From Veit Irtenkauf, veit@unify.Com]
   No.  The L-1 will still be valid, even if your petition for a different
   visa was not approved.  Nor does it have any influence on the extension
   petition for your current L-1, if it can still be extended.

+Q. What's the cost for a L-1 visa?
A. [From Veit Irtenkauf, veit@unify.Com]
   It's about $150 for the initial visa and around $75 for the extension.
   Plus the fee for the lawyer.

+Q. Do you need a lawyer to get a L-1 visa.
A. [From Veit Irtenkauf, veit@unify.Com]
   Personally you don't, but since the paperwork is similar to the H-1B
   visa, most companies who sponsor L-1 visas hire a lawyer anyway.  See
   the discussion about lawyers in the H-1B section for more details.


                      Visitors Visa
                      -------------

Q: What documents should I send to sponsor for a visitors visa?
A: [From B.G. Mahesh, mahesh@evb.com]

   My in-laws got 5 year multiple entry visa from Madras, India.
   I sent the following to them,

 1. Letter of employment from my employer stating
        how much I make and from when I am working for
    this company.
 2. Letter from my Bank.
 3. I-134 and got it notarized in my bank [$1 fee for
    notarization]. You can get I-134 from INS or your
    internationl student office. I heard you can use
    xerox copies of this form. If you send me an 
    self-addressed stamped envelope marked "Send I-134"
    I can send you a copy of this form [I-134]. My address is,
   BG Mahesh
   1467 West Key Parkway #B4
   Frederick MD 21702

 4. Letter from me stating that I will take care of their
    expenses in USA.
 5. Visitor fee $100 each [Indian Rs. 3200/-]. BTW, I did
           not send the money, they paid in Rs. in India.



Q: Can the immigration officer at the port of entry (or any other
   INS officer) cancel the B1/B2 visa?  If so, on what grounds?
A: [from Rajiv S. Khanna, rskhanna@immigration.com]
   The INS can refuse entry (which functionally amounts to the 
   same thing as cancelling a visa).  That happens mostly when 
   the INS discovers something that is contrary to your declared 
   intention in getting the B-1/B-2.  
   Typical example: you have a fiance(e) in the U.S.  INS discovers 
   love letters (long, mushy ones) in your documents.  Or during 
   conversation with an INS officer you let slip that you are panning 
   to get married in the U.S.  These are some of the examples I have 
   seen personally.  Legally, there is a bunch of grounds such as past 
   criminal convictions, past immigration violations, certain diseases etc. 
   (technically called "grounds of exclusion") that can bar ones entry 
   despite possession of a valid visa.

-- 
B.G. Mahesh                     | Email: mahesh@evb.com
Software Engineer         |        mahesh@sett.com
EVB Software Engineering, Inc.  | FAQ maintainer of alt.visa.us
