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3
Feb

Fiance K visa biometrics: How do I prepare?

How to prepare for your K visa biometrics appointment

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There are four occasions when the USCIS or US Department of State require a biometrics appointment from Fiance K-1 or K-2 visa applicants either before or after visa approval (Adjustment of Status). These are during the processing of your…

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❏ I-129F, Petition (for the US petitioner only, rarely required)

❏ K visa interview (for foreign beneficiaries, always required)

❏ I-485, Adjustment of Status (beneficiaries, always required)

❏ I-751, Removal of Conditions (beneficiaries, normally waived)

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By definition, biometrics is a “measurable biological (anatomical and physiological) and behavioral characteristic that can be used for automated recognition.” (USDHS). The US government captures biometrics for immigration purposes and compares them in databases for security and background searches.

So how do you prepare for your biometrics? What’s important to know? And what happens after? Below, we’ll go into detail on all of that.

But first, as a general rule, the USCIS schedules an in-person biometrics appointment for you to submit fingerprints, take a photograph, sign statements, or provide missing information at two different times: 

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(1) The K visa interview process; and 

(2) The Adjustment of status for a Green card

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The other two biometrics almost never happen as they’re either unnecessary or waived:

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(1) the I-129F for the US petitioner, and 

(2) the I-751 Removal of Conditions

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infographic on how to prepare for a biometrics appointment for the Fiance K visa

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Biometrics during the I-129F is rarely required

Technically, according to I-129F instructions, the petitioner may be required to appear for an in-person biometrics appointment to submit fingerprints, make declarations (such as past criminal history), assist in background search, answer questions, submit evidence the USCIS needs, or submit a photograph. 

They could even have you personally state, under penalty of perjury, that the statements you made on your I-129F petition are true (if they’ve got reason to suspect fraud or misrepresentation).

This appointment is rarely required, though. In my course of dealing with the K visa process, I’ve only seen a handful of US petitioners being called for a biometrics appointment, normally on account of past criminal records. In short, it’s rare but even if it does happen, it usually doesn’t mean anything negative.

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instructions discuss how a biometrics may be required during the I-129F processing.

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Per instructions, during biometrics: “You must sign an oath reaffirming that:”

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● “You provided or authorized all information in the petition;

● You reviewed and understood all of the information contained in, and submitted with, your petition; and

● All of this information was complete, true and correct at the time of filing.”

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Meaning you understand what you said in the petition, you agree with it, and declare it to be true. This may come into context especially if you used a third party interpreter, preparer or attorney to handle your fiance visa petition.

Although infrequent, if the USCIS decides to bring you in for an appointment, they schedule it at an Application Support Center (ASC), located throughout major cities in the US. Your interview letter will indicate the where and when. 

Realize that since the USCIS has flexibility as to why they’d want you to appear, it’s difficult to offer a checklist on how to prepare. The documents they want may range from past criminal history or domestic abuse, proof of relationship, proof of identity, all the way to financial documents. So you have to review this letter to understand what they seek.

There’s no cost for the biometrics with your initial I-129F petition. However, if you’re scheduled to appear, they charge a fee. There’s no published cost, but from comparison with others, it’s most likely $85 per person. Again, your appointment letter indicates the fee amount and how to pay.

Final note: A biometrics appointment is not to be confused with a routine Request for Evidence (RFE) which the USCIS issues if they have any questions, concerns, requests, etc regarding your petition. The biometrics for the petitioner is an actual interview where you provide evidence they specifically mention in person.

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Biometrics for the K visa interview is always required

For K visa applicants, biometrics is held before your appearance at the K visa interview. According to the Department of Homeland Security, biometrics for immigrant visas, such as the K visa, is performed for various reasons, including to:

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● Verify identity – The consulate compares your information against a known list of “suspected terrorists, criminals, and immigration violators” using parameters such fingerprints, photographs, and sometimes facial recognition.
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● Prevent fraud – To make sure you’re not disguising your identity by another alias or using fraudulent identification.
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● Verify documentation – To verify the documents you use indeed belong to you.

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A system run by the Office of Biometric Identity Management (OBIM) known as the Automated Biometric Identification System, (IDENT) helps consular officers make this decision (9 FAM 504.7-4(C)).

Regarding timeline: biometrics for K visa interviews are may be done:

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● Before the interview – Some US Embassies require biometrics at a Visa Application Center (VAC) at least 24 hours before the K visa interview. This facility is usually located near the actual Embassy, although it may even be in a different part of the country. At the end of your visit, you get a stamp on your letter confirming that you’ve been processed.
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● During Interview – Other consulates require the biometrics on the morning of your K visa interview in the Embassy itself (example: Singapore’s US Embassy requires it in the same morning). 

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In either case, the K visa checklist instructs you how to prepare and what to bring, including verification of identification. When called up to the window, there’s generally a device that digitally captures fingerprints from all 10 digits (unless some are missing). After which, you’re required to provide a signature affirming you understand and accept the oath.

Lastly, the cost of this biometrics is included in the overall MRV fee. So you don’t pay extra at the time of the appointment.

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Biometrics for the Adjustment of Status

Once your partner enters the US and you two marry, you apply for Adjustment of Status and other benefits (I-485, I-765 and I-131). The USCIS requires the beneficiary to undergo yet another biometrics appointment to verify information for a Green Card. 

Like before, the idea is that you provide a signature, photo, fingerprints, some biographical data, etc. allowing the authorities to assess whether you’re admissible to the US. They use your information to perform background searches and verify details to prevent any hidden immigration abuse.

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Adjustment of Status for K visa holders require a biometrics as per the instructions shown here

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Similar to other instructions, the I-485 indicates that you will be scheduled for appointment. Normally, for K visa holders, this biometrics is scheduled 2-4 months after submitting your I-485 application.

The appointment itself turns out to be a quick 20-minute visit at a nearby Application Support Center (ASC). To prepare, the USCIS sends a checklist in a form I-797c and indicates what’s required as proof of identity, such as a passport, your I-485 receipt letter, and much more. It’s recommended you arrive 10-15 minutes early as a precaution.

Payment for the biometrics is sent when you first file your I-485 application. Simply add the cost of the petition you’re filing + biometrics to come up with a total amount. For example, a K visa holder who applies for Adjustment of Status will pay the filing fee + $85 per person for the biometrics. If writing a check, for instance, your total amount includes the filing fee + biometrics for all applicants.

Fees are waived for young children, however, applicants between the ages of 14 to 79 are required to pay (no exemptions). All applicants are also required to appear for an interview regardless of age.

There may be times when you need to reschedule for which you must contact the USCIS. Rescheduling, however, is highly discouraged; It’s important to keep this time slot to prevent delaying your Green Card application. If you are a “no-show”, the USCIS may reschedule or simply deny your petition altogether considering it abandoned. If you could not make it to the appointment because you had a change of address, immediately inform the USCIS to excuse the absence.

In any case, following a successful biometrics, the USCIS continues to process your application for Permanent Residency, Employed Authorization, Advance Parole or whatever you applied for. Normally 1-2 months later, they send your EAD/AP card if background searches come back positive.

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Biometrics for Removal of Conditions (form I-751)

Since Removal of a Conditional Green Card is an application for permanent residency, the I-751 requires a fresh biometric appointment. However, in general, the USCIS elects to reuse the previous biometrics and waives your current appointment (there is no refund on the biometrics fee, though).

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Per I-751 instructions, a biometrics is required for K visa holders

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If the situation changes where there is a new criminal record, police record, FBI record or so on, before the I-751 application, the USCIS may require the biometrics. To prepare, gather the list of documents in the I-797c appointment letter from the ASC. 

The cost for this biometric is $85 per person and it’s charged regardless of approval or denial of your Green Card, and regardless of whether or not the USCIS decides to waive the appointment. To pay, add up the filing fee + biometrics fee to come up with a final number before writing out the check.

There is an interesting note for the appointment. As per official USCIS rules, when an applicant appears for a biometrics appointment, they also have the right to withdraw the benefit sought. For instance, if you no longer want to apply for Adjustment of Status, you may withdraw in writing when you visit the ASC.

And finally, as a general rule, only the applicants on the invitation letter may enter to submit biometrics. Other family members or friends, representatives, interpreters or attorneys cannot enter and assist with the process unless allowed by the USCIS.

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