DS 5540

[Catrina C 2]

Hello! 

 

Does anyone know if the DS 5540 is now a required document to bring to the K1 visa interview? This was an e-mail sent to a co-K1 visa applicant from Africa 'The form DS-5540 is required for anyone interviewing for an immigrant visa on February 24th or after.  If you are interviewing after this date, please bring the completed form to your interview.' 

 

@Hank_

[Hank_ 9,174]

1 hour ago, Catrina C said:

Hello! 

 

Does anyone know if the DS 5540 is now a required document to bring to the K1 visa interview? This was an e-mail sent to a co-K1 visa applicant from Africa 'The form DS-5540 is required for anyone interviewing for an immigrant visa on February 24th or after.  If you are interviewing after this date, please bring the completed form to your interview.' 

 

@Hank_

 

There is nothing stated on the embassy website yet regarding the DS-5540 for USEM.   Technically the K-1 visa is not an immigrant visa  .. but it is processed as one until the very final stages at the embassy.   With that said I have read of some embassies now asking for the DS-5540, I would error to the side of caution and have the DS-5540 ready.

 

https://eforms.state.gov/Forms/ds5540.PDF

 

Please keep us inform as to whether the embassy asks for the DS-5540 or not.   Thanks

[Catrina C 2]

3 minutes ago, Hank_ said:

 

There is nothing stated on the embassy website yet regarding the DS-5540 for USEM.   Technically the K-1 visa is not an immigrant visa  .. but it is processed as one until the very final stages at the embassy.   With that said I have read of some embassies now asking for the DS-5540, I would error to the side of caution and have the DS-5540 ready.

 

https://eforms.state.gov/Forms/ds5540.PDF

 

Please keep us inform as to whether the embassy asks for the DS-5540 or not.   Thanks

Okay thanks! I will keep you guys updated. I will call the embassy tomorrow. 

[Carpe Vinum 2,327]

Like Hank said I would have it ready at the interview but I would not voluntarily offer it...😉

[Catrina C 2]

8 minutes ago, boris64 said:

Like Hank said I would have it ready at the interview but I would not voluntarily offer it...😉

Definitely! Better safe than sorry. Thanks!

[Catrina C 2]

18 hours ago, Catrina C said:

Okay thanks! I will keep you guys updated. I will call the embassy tomorrow. 

Hey @Hank_!

 

I called the embassy and they said that as of the moment, they have not received any update of a new form or requirement for the PH K1 visa applicants. This means that the DS 5540 is not a requirement at this time. I will still suggest as you mentioned to have it filled out just in case. Thanks! 

[Hank_ 9,174]

5 hours ago, Catrina C said:

Hey @Hank_!

 

I called the embassy and they said that as of the moment, they have not received any update of a new form or requirement for the PH K1 visa applicants. This means that the DS 5540 is not a requirement at this time. I will still suggest as you mentioned to have it filled out just in case. Thanks! 

Ya I didn't think they had added it yet, as I could not find any info anywhere on the embassy website.   Interesting that some of the other embassies have started to ask for it.

[Catrina C 2]

6 minutes ago, Hank_ said:

Ya I didn't think they had added it yet, as I could not find any info anywhere on the embassy website.   Interesting that some of the other embassies have started to ask for it.

True. Looks like they are getting stricter about the approvals. But I did hear that a similar form I-944 will be filed anyway when an AOS is applied. Looks like they are fast forwarding that for other countries now. 

[Hank_ 9,174]

The K-1 is a "gray area", because it is NOT an immigrant visa, yet it has immigration intent.    Wouldn't take an attorney long to get the K-1 removed from the requirement until AOS    (which is also why the I-134 is used with the K-1 during the embassy processing and not the I-864)

Edited March 3, 2020 by Hank_

[Catrina C 2]

2 minutes ago, Hank_ said:

The K-1 is a "gray area", because it is NOT an immigrant visa, yet it has immigration intent.    Wouldn't take an attorney long to get the K-1 removed from the requirement until AOS    (which is also why the I-134 is used with the K-1 and not the I-864)

Makes sense. Thanks again for the help! Crossing fingers for the success of my interview later this month! 🤞

[Hank_ 9,174]

If you have the required documents as listed in the STEP 5 (checklist) and you have a genuine relationship you shouldn't have any issues.