NEW DS FORMS FOR K-1/K-3 FIANCE(E) PETITIONS AND I-130 PETITIONS

Formerly, the DS 230 parts 1 and 2, are required to be submitted to the National Visa Center once the I-130 Petition has been approved by USCIS. For K visa processing, DS 156, 156K, and 157 are required to be submitted to the consular post once the case is ready for interview. Effective September 1, 2013, the DS-260 Immigrant Visa Electronic Application and the DS-261 (Choice of Address and Agent) will replace the paper-based DS-230 Application for Immigrant Visa and Alien Registration (parts I and II) and the DS-3032 (Choice of Address and Agent). Beneficiaries submitting new cases that arrive at the National Visa Center (NVC) from U.S. Citizenship and Immigration Services (USCIS) on or after September 1, 2013 will be instructed to complete the DS-260/261 in lieu of the DS-230/3032. However, the DS-260 is not required for beneficiaries of the cases already in process at NVC when the case has already been documentarily complete and ready for scheduling. The DS-260 is also not required when NVC receives documents that make a case documentarily qualified. For all other cases in process where NVC sends a checklist for missing documents or information on or after September 1st, NVC will send instructions for beneficiaries to submit the DS-260 along with the missing documents or information, even when the DS-230 is already on file. The DS-160 Nonimmigrant Visa Electronic Application will replace the DS-156 Electronic Visa Application form, the DS-156K (Nonimmigrant Fiance Visa Application), and the paper-based DS-230 Application for Immigrant Visa and Alien Registration (parts I and II) for processing K-1 and K-2 nonimmigrant visa (NIV) applications. K-1 and K-2 visas may only be processed at IV-processing posts. K-3 and K-4 visas may be processed at any NIV-issuing post using the normal NIV processing procedure. As they transition to mandatory use of the DS-160 for K visas, the following exceptions apply: 1) DS-160s will not be required for beneficiaries of cases that have already been scheduled for an interview or have been interviewed and are pending additional documentation or administrative processing. 2) For cases received at the Post prior to receipt of the Guidance, if petitioners have already submitted a DS-156, DS-156K, or DS-230, or received instructions to do so, the Post should accept those forms. If the Post has not yet provided petitioners instructions on how to submit their applications, they will require the DS-160. The Post should not, as a general rule, require the submission of a DS-160 if a valid, signed, unexpired DS-156, DS-156K, or DS-230 is already on file and requiring the DS-160 would result in a 221(g) refusal for an otherwise issuable case. We welcome your feedback. If you have any immigration questions, please feel welcome to email me at attysuper@icloud.com or call 619 819 -8648 to arrange for a telephone consultation.

U.S. Immigration Attorney Susan V. Perez