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Complete Process-Bringing mother to USA

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Filed: Citizen (pnd) Country: Bulgaria
Timeline

Hello,

I am in the very begining and looking for more information for the whole process to bring my mom to USA. Can somebody tell me or advise me where I can find step by step instructions. I read the I-130 instructions but if I am right this is just a little part from the whole process.

From what I know

1. I sent I-130 w/ fee $355

2. In some point somehow I am notified that the I-130 is approved

3. Then I need to send Affidavit of support w/ fee

4. I receive appointment letter for interview for my mom along with instructions for obtaining a medical examination

Please correct me if I am wrong and if you could give me more detail steps than that

Thank you very much

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Hello,

I am in the very begining and looking for more information for the whole process to bring my mom to USA. Can somebody tell me or advise me where I can find step by step instructions. I read the I-130 instructions but if I am right this is just a little part from the whole process.

From what I know

1. I sent I-130 w/ fee $355

2. In some point somehow I am notified that the I-130 is approved

3. Then I need to send Affidavit of support w/ fee

4. I receive appointment letter for interview for my mom along with instructions for obtaining a medical examination

Please correct me if I am wrong and if you could give me more detail steps than that

Thank you very much

Steps 1 and 2 are correct

3 and 4-Your monther is contacted by the Embassy for test and analysis then she has to go to an interview, you have to send the affidavit to her to show it in the interview. Yes, you have to pay for the interview by itself.

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Filed: Citizen (pnd) Country: Bulgaria
Timeline
Hello,

I am in the very begining and looking for more information for the whole process to bring my mom to USA. Can somebody tell me or advise me where I can find step by step instructions. I read the I-130 instructions but if I am right this is just a little part from the whole process.

From what I know

1. I sent I-130 w/ fee $355

2. In some point somehow I am notified that the I-130 is approved

3. Then I need to send Affidavit of support w/ fee

4. I receive appointment letter for interview for my mom along with instructions for obtaining a medical examination

Please correct me if I am wrong and if you could give me more detail steps than that

Thank you very much

Steps 1 and 2 are correct

3 and 4-Your monther is contacted by the Embassy for test and analysis then she has to go to an interview, you have to send the affidavit to her to show it in the interview. Yes, you have to pay for the interview by itself.

Thank you

Any suggestions where can I look up for the detail?

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Filed: Citizen (apr) Country: Colombia
Timeline
Look at the guides for CR/IR1 the IR5 visa is almost the same..

:yes:

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Filed: Citizen (pnd) Country: Bulgaria
Timeline
Look at the guides for CR/IR1 the IR5 visa is almost the same..

:yes:

Diana

In general, in order to be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative(s) or by a prospective employer. Unlike most other immigrant categories, Immediate Relatives are not subject to numerical limits under immigration law.

Immediate Relatives (Spouses of US citizens (USCs), unmarried children under 21 years of age of USCs, and parents of USCs

Note: A USC must be over the age of 21 to petition for his/her parent Spouse

• Petitioning Procedures: Bringing A Spouse to Live in the United States

• How Do I Bring My Spouse to Live in the United States?

• How Do I Remove the Conditions on Permanent Residence Based on Marriage?

Child

• Petitioning Procedures: Bringing a Child, Son or Daughter to Live in the United States

• How Do I Bring My Child, Son or Daughter to Live in the United States?

• How Do I Prevent My Child From Losing Benefits at Age 21 ("Aging Out")

Parent

• Petitioning Procedures: Bringing a Parent to Live in the United States

• How Do I Bring My Parents to Live in the United States

INA Section 201 8 CFR 204 and 205

Family based

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States or is a lawful permanent resident, your relative in the U.S. will need to sponsor you and prove he/she has enough income or assets to support you, the intending immigrant(s) when in the United States

Your relative sponsor and you, the intending immigrant, must successfully complete certain steps in the immigration process in order to come to the U.S. Here are the key steps:

First, the USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative filed by your sponsoring relative for you. Next, most sponsors will need to demonstrate adequate income or assets to support the intending immigrant, and accept legal responsibility for financially supporting their family member, by completing and signing a document called an Affidavit of Support. Once this is complete, then the intending immigrant will apply for the immigrant visa as explained below

After the immigrant petition has been approved by U.S. Citizenship and Immigration Services (USCIS), the petition is forwarded to the National Visa Center (NVC) for processing . NVC plays an important role in the next steps of the U.S. immigration process. NVC provides instructions to petitioners and sponsors, and receives from sponsors, the required Affidavit of Support forms, fees, other required documents, and much more. For numerically limited family preference petitions, NVC contacts the petitioner once the petition’s immigration wait nears end, and the priority date is about to come current .

Immigrant Visa Processing - The National Visa Center (NVC)

The National Visa Center (NVC) provides Affidavit of Support Processing and Applicant Document collection for US Embassies and US Consulates. The following information pertains to individuals who have been contacted by the NVC to continue the process of immigrating to the United States.

Fee Collection

At the appropriate time in the immigrant visa process, the NVC will send the Affidavit of Support fee bill and the Immigrant Visa Processing fee bill. The Affidavit of Support fee bill will be sent to the petitioner of family-based immigrant visa cases or the attorney of record, if applicable. The Immigrant Visa Processing fee bill will be sent to the applicant or the agent designated by the applicant on form DS-3032, Agent of Choice and Address, to receive the Immigrant Visa Processing fee bill. If the NVC has requested payment of a processing fee, the payer has two options for submitting payment.

• Online Payment

• Mailing a Cashier’s Check or Money Order

Option 1: Online Payment

The payer has the option of paying fees electronically from a checking or savings account held at a United States financial institution.

If you choose to pay online:

1. You will need the following information from the fee letter that you received from the NVC:

o Case Number

o Invoice Identification Number

You will also need:

o your bank's routing number

o your checking (or savings) account number

If you are paying from your checking account, this information is available on the bottom of one of your checks. Additional guidance on locating this information will be available when you pay online and is available in the Fee Payment FAQ.

2. Click on the Online Fee Payment to be brought to the Immigrant Visa Invoice Payment Center. Please note that online payments can only be accepted from checking or savings accounts held at a United States financial institution.

Questions about online payment? If you still have questions, see the National Visa Center Fee Payment FAQs for more information.

Note: If it is the applicant's intention to adjust status with the United States Citizenship and Immigration Services (USCIS), please contact the National Visa Center before taking further action or making any payment.

Option 2: Mailing a Cashier's Check or Money Order

If you choose to pay by cashier's check or money order:

1. You will need the Option 2: Fee Bill(s) provided to you by the NVC bearing the applicant's case number and bar code. Note: If you have misplaced your fee bill, please contact the NVC. DO NOT send a fee payment without the fee bill.

2. Place the Option 2 Fee Bill(s) along with a cashier's check or money order made payable to the Department of State in the Option 2 envelope that you received from the NVC .

3. Affidavit of Support (AOS) Fee Payments MUST be mailed to the following address:

National Visa Center

PO Box 790135

St. Louis, MO 63179-0135

NOTE: When you are combining fee payment for one payment by cashier's check or money order see Number 5 below for the mailing address.

4. Immigrant Visa (IV)Application Processing Fee Payments MUST be mailed to the following address:

National Visa Center

PO Box 790136

St. Louis, MO 63179-0136

5. AOS and IV fees can be paid together. Make sure the cashier's check or money order is prepared for the total dollar amount of the fees. Again, all payments must be accompanied by the corresponding Option 2 Fee Bills. Mail the combined fee payment to the following address:

National Visa Center

PO Box 790136

St. Louis, MO 63179-0136

6. Before mailing your payment, please review the following:

o The NVC cannot accept personal or attorney/firm check(s).

o If you wish to send your payment via an overnight mail courier service, please note that only the U.S. Postal Service provides such delivery service to post office boxes.

o Use only the addresses specified above for fee payments.

o Send only the payment and fee bill to the St. Louis, MO address.

o Do not send any other documents to the St. Louis, MO address.

o Do not send any documents to the Portsmouth, NH address until they are requested.

o Do not forget to put the correct postage on the envelope.

o Write the applicant's case number in the memo section of the check.

7. After the check/money order has been cashed, the NVC will mail you instructions for completing the next step in the immigrant visa process.

Note: If it is the applicant's intention to adjust status with Citizenship and Immigration Services (CIS), please contact the National Visa Center before taking further action or making any payment.

• It is important to follow the NVC’s instructions carefully. Sending the NVC documentation (or paying fees) when they were not requested by the NVC will result in a delay in processing.

Document Collection

If the NVC has contacted the applicant or petitioner to submit the applicant documents or the Affidavit of Support documents, click on the appropriate link below:

• Affidavit of Support Processing

• Applicant Document Processing

Warning: Do not take any action described above without authorization from the NVC. Taking action without the NVC's authorization could result in a delay in processing.

Affidavit of Support

Overview

The Affidavit of Support is legally required for the petitioning sponsor for many family-based and some employment based immigrants to show the intending immigrant will have adequate means of support, when planning to immigrate to the U.S. The purpose of the process is to prove that the intending immigrant has adequate means of financial support and is unlikely to become a public charge. A “petitioning sponsor” is a person who has filed an immigrant petition, which has been approved by USCIS.

After the petitioner (sponsor) has paid the Affidavit of Support processing fee, the petitioner (sponsor) is contacted by the NVC. You are ready for the next step in the immigration process, which is to download the necessary forms, complete them, and then submit them for the purpose of sponsoring the intending immigrant.

The I-864 Affidavit of Support is a contract between a sponsor and the U.S. Government. The legal basis for the I-864 Affidavit of Support is Section 213A of the Immigration and Nationality Act (INA).

After receiving notification from the NVC to download the Affidavit of Support Instructions, take the following actions:

Warning: Do not take any action described below without authorization from the NVC. Taking action without the NVC's authorization could result in a delay in processing.

Notification from the NVC

• IF the petitioner has received notification from the NVC, please read the Affidavit of Support Instructions and download the appropriate form(s).

• The following links are provided for individuals who have already read the Affidavit of Support Instructions and need additional forms:

o I-864W - Intending Immigrant's Affidavit of Support Exemption

o I-864EZ - Affidavit of Support

o I-864 - Affidavit of Support

o I-864A - Contract Between Sponsor and Household Member

o I-864P - 2008 Poverty Guidelines

Important Note: Form I-134 is not acceptable, and cannot be used in place of the appropriate I-864 form(s) listed above.

In order to download forms, you will need to have a recent version of Adobe Reader installed on your computer. If you do not have Adobe Reader on your computer, please visit http://www.adobe.com. There is no charge to download Adobe Reader.

Please note that you may receive a "file corrupted" error message if you are using an older version of Adobe Reader.

Warning: Do not take any action described above without authorization from the NVC. Taking action without the NVC's authorization could result in a delay in processing.

Instructions for Immigrant Visa Applicants

Appointment NVC Processing

Page 1 2 3 4 5 6 7

For certain U.S. Embassies and Consulates General, the National Visa Center (NVC) provides document collection and review, and schedules the cases for interview. The Department of State refers to these embassies and consulates as Appointment Posts.

For immigrant visa cases assigned to an Appointment Post, the NVC will collect the fees, affidavit of support, civil documents, and police certificates, as required. When a case is complete, it will be scheduled an appointment for an interview with a consular officer. For all Appointment Posts (except, the Consulate General in Guangzhou, China) the NVC will send an appointment letter to all interested parties (applicant, petitioner, and agent/attorney of record, if applicable) notifying them of the date, time, and location of the interview; and forward the petition to the appropriate embassy/consulate. The Consulate General in Guangzhou, China will send appointment letters for cases assigned to it.

Notification from the NVC

After receiving notification from the NVC to begin Applicant Document Processing, all applicants MUST:

1. Review the Children who are about to turn 21 years of age instructions IF the applicant or a child of the applicant is about to turn 21 years of age,

2. Complete the Application For Immigrant Visa and Alien Registration Forms DS-230 Part I and Part II .

3. Obtain and submit the applicant’s civil documents.

4. Obtain and submit photographs that meet the Department of State's immigration requirements.

5. Review the U.S. Embassy/Consulate General-specific information.

6. Mail the DS-230 and the applicant’s civil documents, and the applicant's photographs to the NVC.

7. What happens next?

Warning: Do not take any action described above without authorization from the NVC. Taking action without the NVC's authorization could result in a delay in processing your case.

IMPORTANT NOTICE - ABOUT POLICE CERTIFICATES: Please pay close attention to the police certificate requirements. In some cases, there may be specific Police Certificate Request forms that must be submitted in order to properly request and obtain the applicable Police Certificate(s) based on the applicant's residence history.

Background

The DS-230 Part I and Part II contain questions regarding specific biographical information required for the immigrant visa.

Who completes the forms

Each family member that is eligible to travel to the United States with the applicant under this visa classification is required to complete the DS-230 Part I and Part II.

Downloading the forms

Download the Application for Immigrant Visa and Alien Registration, Form

• Form DS-230, Application for Immigrant Visa and Alien Registration

In order to download forms, you will need to have a recent version of Adobe Reader installed on your computer. If you do not have Adobe Reader on your computer, please visit http://www.adobe.com/. There is no charge to download Adobe Reader.

Please note that you may receive a "file corrupted" error message if you are using an older version of Adobe Reader.

Completing the forms

Please fill out the DS-230 Part I and Part II completely. If a question does not apply to the applicant then the applicant must mark it with “N/A”.

Note: The applicant should sign Part I only at this time. Part II of the form must be signed at the time of the applicant’s visa interview.

Questions

If the applicant has any questions on completing the DS-230 Part I, please contact the National Visa Center (NVC).

When complete

Please send the completed DS-230 forms (Parts 1 and 2) to the NVC along with any other documents requested in this information packet. Please use the envelope supplied by the NVC when returning the information.

Appointment NVC Processing

Page 1 2 3 4 5 6 7

Document Requirements

The applicant and each family member who will accompany the applicant to the United States will need to submit the following original documents or certified copies of the documents listed in this section from an appropriate authority (the issuing entity). In addition to sending the original documents or certified copies of the documents to the NVC, the applicant and each accompanying family member must submit a photocopy of the original documents or certified copies of the documents.

• Birth Certificate

• Court and Prison Records

• Deportation Documentation

• Marriage Certificate

• Marriage Termination Documentation

• Military Records

• Photocopy of Valid Passport Biographic Data Page

• Police Certificate(s)

All documents that pertain to the applicant’s petition are required, even if they were previously submitted to the CIS with the applicant’s petition.

Translations

All documents not in English, or in the official language of the country in which application for a visa is being made, must be accompanied by certified translations.

The translation must include a statement signed by the translator that states that the:

• Translation is accurate, and

• Translator is competent to translate.

Birth Certificates

Each applicant will need to obtain an original birth certificate issued by the official custodian of birth records in the country of birth, showing the date and place of birth and the parentage of the alien, based upon the original registration of birth.

The certificate must contain the:

• Person’s date of birth

• Person’s place of birth

• Names of both parents, and

• Annotation by the appropriate authority indicating that it is an extract from the official records

Unobtainable birth certificates

The applicant’s birth record may not be obtainable. Some reasons are listed below:

• The applicant’s birth was never officially recorded.

• The applicant’s birth records have been destroyed.

• The appropriate government authority will not issue one.

Please obtain a certified statement from the appropriate government authority stating the reason the applicant’s birth record is not available. With the certified statement the applicant must submit secondary evidence. For example:

• A baptismal certificate that contains the date and place of birth, as well as both parents names (providing the baptism took place shortly after birth)

• An adoption decree for an adopted child

• An affidavit from a close relative, preferably the applicant’s mother, stating the date and place of birth, both parents names, and the mother’s maiden name.

Note: An affidavit must be executed before an official authorized to take oaths or affirmations. More specific information is available from the NVC.

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Court and Prison Records

Applicants who have been convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of the fact that he or she may have subsequently benefited from an amnesty, pardon or other act of clemency.

Court records should include:

• Complete information regarding the circumstance surrounding the crime of which the applicant was convicted

• The disposition of the case, including sentence or other penalty or fine imposed

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Deportation Documents

Applicants who have previously been deported or removed at government expense from the United States must obtain Form I-212, Permission to Reapply after Deportation, from the U.S. Citizenship and Immigration Service, or from a U.S. Embassy or Consulate, and follow the instructions included on that form.

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Marriage Certificate

Married applicants must obtain an original marriage certificate, or a certified copy, bearing the appropriate seal or stamp of the issuing authority.

Note: Marriage certificates from certain countries are unavailable. More specific information is available from NVC, the nearest United States immigrant visa processing post, or online at: http://travel.state.gov/visa/frvi/reciproc...ocity_3272.html

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Termination of Prior Marriages

Applicants who have been previously married must obtain evidence of the termination of EACH prior marriage. Evidence must be in the form of original documents issued by a competent authority, or certified copies bearing the appropriate seal or stamp of the issuing authority, such as:

• FINAL divorce decree

• Death certificate

• Annulment papers

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Military Records

Persons who have served in the military forces of any country must obtain a copy of their military record.

Note: Military records from certain countries are unavailable. More specific information is available from NVC, the nearest United States immigrant visa processing post, or online at: http://travel.state.gov/visa/frvi/reciproc...ocity_3272.html.

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Photocopy of Valid Passport Biographic Data Page

Which Applicants

The applicant and each applicant that is traveling together with the applicant must submit a photocopy of the biographic data page from the respective valid passport.

What to send

Submit a photocopy of the biographic data page of the applicant’s and the applicant’s individual family members’ valid passports. This is the page that shows the applicant’s name and date and place of birth.

Note: Do NOT send the applicant’s passport(s) to the NVC, just the photocopy of the biographic data page.

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Police Certificates

Which Applicants

Each applicant aged 16 years or older must submit police certificates.

What to Send

The applicant must submit police certificates that meet the following guidelines. The police certificate must:

• Cover the entire period of the applicant’s residence in that area

• Be issued by the appropriate police authority

• Include all arrests, the reason for the arrest(s), and the disposition of each case of which there is a record.

How to obtain a police certificate

1. Determine from which countries an applicant is required to obtain police certificates. The table below will assist in determining from where an applicant must obtain police certificates.

Note: Present and former residents of the United States should NOT obtain any police certificates covering their residence in the U.S.

2. Contact the appropriate police authorities. Selecting the appropriate country from the Reciprocity by Country page will provide you with additional information on how to obtain a police certificate.

IMPORTANT NOTICE - ABOUT POLICE CERTIFICATES: The Reciprocity by Country pages will indicate if a country’s police authorities require the submission of a specific Police Certificate Request form. Some countries may require the submission of specific Police Certificate Request forms in order to properly request and obtain the applicable Police Certificate(s).

Police certificates from certain countries are unavailable.

More specific information is available from NVC, the nearest United States immigrant visa processing post, or online at: http://travel.state.gov/visa/frvi/reciproc...ocity_3272.html.

From which countries does an applicant need a police certificate

IF the applicant… AND… THEN the applicant needs a police certificate from…

is living in their country of nationality at their current residence for more than 6 months is 16 years old or older the police authorities of that locality.

lived in a different part of their country of nationality for more than 6 months was 16 years or older at that time the police authorities of that locality.

lived in a different country for more than 12 months was 16 years or older at that time the police authorities of that locality.

was arrested for any reason, regardless of how long they lived there was any age at that time the police authorities of that locality.

Appointment NVC Processing

The applicant and each family member who will accompany the applicant to the United States will need to submit two front-view color photographs with a white background.

Guidelines

The photographs must be square measuring 2 inches x 2 inches (5 cm x 5 cm).

• Head should be positioned directly facing the camera

• Photographs should capture from slightly above top of hair to middle of chest

• Eyes should be open and looking at the camera

• Eyeglasses should be worn if normally used by the subject

o Glare on eyeglasses can usually be avoided with a slight upward or downward tilt of the head

• Background should be white or off-white

• Include headpieces if worn daily for religious purposes; they should not obscure or cause shadows on the eyes or any other part of the face

Photo Assistance

Head Facing the Camera

To prevent geometric distortion and ensure an adequate depth of field, the camera should be placed at the subject’s eye level and approximately 4 ft (120 cm) from the subject.

By placing the subject on an adjustable height seat, the height of the camera tripod can be fixed.

A lens of about 105 mm focal length on a 35 mm film camera, or its equivalent on any other camera, should provide a sufficiently flat field of view.

Eyes

A slight downward tilt of the head will usually eliminate glare on eyeglasses. If this does not reduce the glare, try tilting the head slightly upward or rotating the glasses slightly upward or downward. The head should not be tilted by more than a few degrees to eliminate glare.

“Red Eye” conditions should be avoided. Red eye is caused by a direct reflection, through the pupil, from the retina of the eye when an on-camera flash is used, particularly for a subject who has adapted to a darkened environment. Red eye can be reduced by using an off-camera flash or by brightening the ambient lighting.

Background

A distracting background should be avoided. Use a plain wall or a photographer’s backdrop cloth as the background. The background color may be white or off-white.

Ideally, the background will be out of focus so that minor markings or texture on the background are not apparent in the photo.

Several US Embassies and Consulates have information that will assist applicants in collecting the documentation needed by the NVC. To determine if the embassy/consulate where the visa interview will take place has any location-specific assistance:

1. Select the first three letters of the applicant’s NVC case number from the following dropdown list.

2. Click on US Embassy/Consulate-specific information.

Note - About Adobe Reader : In order to download the Panel Physician List, you will need to have a recent version of Adobe Reader installed on your computer. If you do not have Adobe Reader on your computer, please visit http://www.adobe.com. There is no charge to download Adobe Reader. Please note that you may receive a "file corrupted" error message if you are using an older version of Adobe Reader.

Overview

The information below provides the applicant with an overview of the steps that take place once the applicant have obtained all the applicant's documents and have completed the necessary forms.

STEP ONE

The petitioner in the applicant's case has been sent instructions concerning completion of the Affidavit of Support (form I-864) and supporting documents needed for financial sponsorship. The applicant may want to contact the applicant's petitioner to ensure that these documents are completed and returned to NVC as directed.

STEP TWO

The NVC will complete all necessary administrative processing of the applicant’s immigrant visa application. The applicant may be requested to provide additional information if the applicant has incomplete or are missing documents.

STEP THREE

Approximately one month before the applicant’s scheduled interview appointment with a consular officer, the applicant will receive an appointment letter containing the date and time of the applicant’s visa interview along with instructions for obtaining a medical examination.

Getting the applicant’s documents back

The applicant will receive the applicant’s original documents back at the time of the visa interview.

Note: Only one original or certified copy of each document must be submitted with the visa application. The applicant are advised, however, to obtain the necessary documents in duplicate, as this will enable the applicant to provide identical copies in the event the first set is lost or damaged.

When to call or write

The NVC cannot guarantee how long it may be before the applicant is scheduled for an appointment for a visa interview. Please call or write to the NVC if the circumstances of the applicant’s application have changed. For example:

• Change of address

• Change of marital status

• Death of petitioner

• Birth or adoption of additional children, or

NVC has requested additional information

Note: The NVC’s Contact Information is available at NVC’s Contact Information page.

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  • 3 weeks later...
Filed: Other Country: El Salvador
Timeline

Hi, I was reading all this information and helped me a lot. I do have a question though on the I-212 waiver. My daughter-in-law was here illegal, was in deportation proceedings but left on her own at our expense. My son is filing the I-130 to bring her back. Since she was not officially deported and left on her own expense, do we still have to apply for a waiver?

Look at the guides for CR/IR1 the IR5 visa is almost the same..

:yes:

Diana

In general, in order to be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative(s) or by a prospective employer. Unlike most other immigrant categories, Immediate Relatives are not subject to numerical limits under immigration law.

Immediate Relatives (Spouses of US citizens (USCs), unmarried children under 21 years of age of USCs, and parents of USCs

Note: A USC must be over the age of 21 to petition for his/her parent Spouse

• Petitioning Procedures: Bringing A Spouse to Live in the United States

• How Do I Bring My Spouse to Live in the United States?

• How Do I Remove the Conditions on Permanent Residence Based on Marriage?

Child

• Petitioning Procedures: Bringing a Child, Son or Daughter to Live in the United States

• How Do I Bring My Child, Son or Daughter to Live in the United States?

• How Do I Prevent My Child From Losing Benefits at Age 21 ("Aging Out")

Parent

• Petitioning Procedures: Bringing a Parent to Live in the United States

• How Do I Bring My Parents to Live in the United States

INA Section 201 8 CFR 204 and 205

Family based

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States or is a lawful permanent resident, your relative in the U.S. will need to sponsor you and prove he/she has enough income or assets to support you, the intending immigrant(s) when in the United States

Your relative sponsor and you, the intending immigrant, must successfully complete certain steps in the immigration process in order to come to the U.S. Here are the key steps:

First, the USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative filed by your sponsoring relative for you. Next, most sponsors will need to demonstrate adequate income or assets to support the intending immigrant, and accept legal responsibility for financially supporting their family member, by completing and signing a document called an Affidavit of Support. Once this is complete, then the intending immigrant will apply for the immigrant visa as explained below

After the immigrant petition has been approved by U.S. Citizenship and Immigration Services (USCIS), the petition is forwarded to the National Visa Center (NVC) for processing . NVC plays an important role in the next steps of the U.S. immigration process. NVC provides instructions to petitioners and sponsors, and receives from sponsors, the required Affidavit of Support forms, fees, other required documents, and much more. For numerically limited family preference petitions, NVC contacts the petitioner once the petition’s immigration wait nears end, and the priority date is about to come current .

Immigrant Visa Processing - The National Visa Center (NVC)

The National Visa Center (NVC) provides Affidavit of Support Processing and Applicant Document collection for US Embassies and US Consulates. The following information pertains to individuals who have been contacted by the NVC to continue the process of immigrating to the United States.

Fee Collection

At the appropriate time in the immigrant visa process, the NVC will send the Affidavit of Support fee bill and the Immigrant Visa Processing fee bill. The Affidavit of Support fee bill will be sent to the petitioner of family-based immigrant visa cases or the attorney of record, if applicable. The Immigrant Visa Processing fee bill will be sent to the applicant or the agent designated by the applicant on form DS-3032, Agent of Choice and Address, to receive the Immigrant Visa Processing fee bill. If the NVC has requested payment of a processing fee, the payer has two options for submitting payment.

• Online Payment

• Mailing a Cashier’s Check or Money Order

Option 1: Online Payment

The payer has the option of paying fees electronically from a checking or savings account held at a United States financial institution.

If you choose to pay online:

1. You will need the following information from the fee letter that you received from the NVC:

o Case Number

o Invoice Identification Number

You will also need:

o your bank's routing number

o your checking (or savings) account number

If you are paying from your checking account, this information is available on the bottom of one of your checks. Additional guidance on locating this information will be available when you pay online and is available in the Fee Payment FAQ.

2. Click on the Online Fee Payment to be brought to the Immigrant Visa Invoice Payment Center. Please note that online payments can only be accepted from checking or savings accounts held at a United States financial institution.

Questions about online payment? If you still have questions, see the National Visa Center Fee Payment FAQs for more information.

Note: If it is the applicant's intention to adjust status with the United States Citizenship and Immigration Services (USCIS), please contact the National Visa Center before taking further action or making any payment.

Option 2: Mailing a Cashier's Check or Money Order

If you choose to pay by cashier's check or money order:

1. You will need the Option 2: Fee Bill(s) provided to you by the NVC bearing the applicant's case number and bar code. Note: If you have misplaced your fee bill, please contact the NVC. DO NOT send a fee payment without the fee bill.

2. Place the Option 2 Fee Bill(s) along with a cashier's check or money order made payable to the Department of State in the Option 2 envelope that you received from the NVC .

3. Affidavit of Support (AOS) Fee Payments MUST be mailed to the following address:

National Visa Center

PO Box 790135

St. Louis, MO 63179-0135

NOTE: When you are combining fee payment for one payment by cashier's check or money order see Number 5 below for the mailing address.

4. Immigrant Visa (IV)Application Processing Fee Payments MUST be mailed to the following address:

National Visa Center

PO Box 790136

St. Louis, MO 63179-0136

5. AOS and IV fees can be paid together. Make sure the cashier's check or money order is prepared for the total dollar amount of the fees. Again, all payments must be accompanied by the corresponding Option 2 Fee Bills. Mail the combined fee payment to the following address:

National Visa Center

PO Box 790136

St. Louis, MO 63179-0136

6. Before mailing your payment, please review the following:

o The NVC cannot accept personal or attorney/firm check(s).

o If you wish to send your payment via an overnight mail courier service, please note that only the U.S. Postal Service provides such delivery service to post office boxes.

o Use only the addresses specified above for fee payments.

o Send only the payment and fee bill to the St. Louis, MO address.

o Do not send any other documents to the St. Louis, MO address.

o Do not send any documents to the Portsmouth, NH address until they are requested.

o Do not forget to put the correct postage on the envelope.

o Write the applicant's case number in the memo section of the check.

7. After the check/money order has been cashed, the NVC will mail you instructions for completing the next step in the immigrant visa process.

Note: If it is the applicant's intention to adjust status with Citizenship and Immigration Services (CIS), please contact the National Visa Center before taking further action or making any payment.

• It is important to follow the NVC’s instructions carefully. Sending the NVC documentation (or paying fees) when they were not requested by the NVC will result in a delay in processing.

Document Collection

If the NVC has contacted the applicant or petitioner to submit the applicant documents or the Affidavit of Support documents, click on the appropriate link below:

• Affidavit of Support Processing

• Applicant Document Processing

Warning: Do not take any action described above without authorization from the NVC. Taking action without the NVC's authorization could result in a delay in processing.

Affidavit of Support

Overview

The Affidavit of Support is legally required for the petitioning sponsor for many family-based and some employment based immigrants to show the intending immigrant will have adequate means of support, when planning to immigrate to the U.S. The purpose of the process is to prove that the intending immigrant has adequate means of financial support and is unlikely to become a public charge. A “petitioning sponsor” is a person who has filed an immigrant petition, which has been approved by USCIS.

After the petitioner (sponsor) has paid the Affidavit of Support processing fee, the petitioner (sponsor) is contacted by the NVC. You are ready for the next step in the immigration process, which is to download the necessary forms, complete them, and then submit them for the purpose of sponsoring the intending immigrant.

The I-864 Affidavit of Support is a contract between a sponsor and the U.S. Government. The legal basis for the I-864 Affidavit of Support is Section 213A of the Immigration and Nationality Act (INA).

After receiving notification from the NVC to download the Affidavit of Support Instructions, take the following actions:

Warning: Do not take any action described below without authorization from the NVC. Taking action without the NVC's authorization could result in a delay in processing.

Notification from the NVC

• IF the petitioner has received notification from the NVC, please read the Affidavit of Support Instructions and download the appropriate form(s).

• The following links are provided for individuals who have already read the Affidavit of Support Instructions and need additional forms:

o I-864W - Intending Immigrant's Affidavit of Support Exemption

o I-864EZ - Affidavit of Support

o I-864 - Affidavit of Support

o I-864A - Contract Between Sponsor and Household Member

o I-864P - 2008 Poverty Guidelines

Important Note: Form I-134 is not acceptable, and cannot be used in place of the appropriate I-864 form(s) listed above.

In order to download forms, you will need to have a recent version of Adobe Reader installed on your computer. If you do not have Adobe Reader on your computer, please visit http://www.adobe.com. There is no charge to download Adobe Reader.

Please note that you may receive a "file corrupted" error message if you are using an older version of Adobe Reader.

Warning: Do not take any action described above without authorization from the NVC. Taking action without the NVC's authorization could result in a delay in processing.

Instructions for Immigrant Visa Applicants

Appointment NVC Processing

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For certain U.S. Embassies and Consulates General, the National Visa Center (NVC) provides document collection and review, and schedules the cases for interview. The Department of State refers to these embassies and consulates as Appointment Posts.

For immigrant visa cases assigned to an Appointment Post, the NVC will collect the fees, affidavit of support, civil documents, and police certificates, as required. When a case is complete, it will be scheduled an appointment for an interview with a consular officer. For all Appointment Posts (except, the Consulate General in Guangzhou, China) the NVC will send an appointment letter to all interested parties (applicant, petitioner, and agent/attorney of record, if applicable) notifying them of the date, time, and location of the interview; and forward the petition to the appropriate embassy/consulate. The Consulate General in Guangzhou, China will send appointment letters for cases assigned to it.

Notification from the NVC

After receiving notification from the NVC to begin Applicant Document Processing, all applicants MUST:

1. Review the Children who are about to turn 21 years of age instructions IF the applicant or a child of the applicant is about to turn 21 years of age,

2. Complete the Application For Immigrant Visa and Alien Registration Forms DS-230 Part I and Part II .

3. Obtain and submit the applicant’s civil documents.

4. Obtain and submit photographs that meet the Department of State's immigration requirements.

5. Review the U.S. Embassy/Consulate General-specific information.

6. Mail the DS-230 and the applicant’s civil documents, and the applicant's photographs to the NVC.

7. What happens next?

Warning: Do not take any action described above without authorization from the NVC. Taking action without the NVC's authorization could result in a delay in processing your case.

IMPORTANT NOTICE - ABOUT POLICE CERTIFICATES: Please pay close attention to the police certificate requirements. In some cases, there may be specific Police Certificate Request forms that must be submitted in order to properly request and obtain the applicable Police Certificate(s) based on the applicant's residence history.

Background

The DS-230 Part I and Part II contain questions regarding specific biographical information required for the immigrant visa.

Who completes the forms

Each family member that is eligible to travel to the United States with the applicant under this visa classification is required to complete the DS-230 Part I and Part II.

Downloading the forms

Download the Application for Immigrant Visa and Alien Registration, Form

• Form DS-230, Application for Immigrant Visa and Alien Registration

In order to download forms, you will need to have a recent version of Adobe Reader installed on your computer. If you do not have Adobe Reader on your computer, please visit http://www.adobe.com/. There is no charge to download Adobe Reader.

Please note that you may receive a "file corrupted" error message if you are using an older version of Adobe Reader.

Completing the forms

Please fill out the DS-230 Part I and Part II completely. If a question does not apply to the applicant then the applicant must mark it with “N/A”.

Note: The applicant should sign Part I only at this time. Part II of the form must be signed at the time of the applicant’s visa interview.

Questions

If the applicant has any questions on completing the DS-230 Part I, please contact the National Visa Center (NVC).

When complete

Please send the completed DS-230 forms (Parts 1 and 2) to the NVC along with any other documents requested in this information packet. Please use the envelope supplied by the NVC when returning the information.

Appointment NVC Processing

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Document Requirements

The applicant and each family member who will accompany the applicant to the United States will need to submit the following original documents or certified copies of the documents listed in this section from an appropriate authority (the issuing entity). In addition to sending the original documents or certified copies of the documents to the NVC, the applicant and each accompanying family member must submit a photocopy of the original documents or certified copies of the documents.

• Birth Certificate

• Court and Prison Records

• Deportation Documentation

• Marriage Certificate

• Marriage Termination Documentation

• Military Records

• Photocopy of Valid Passport Biographic Data Page

• Police Certificate(s)

All documents that pertain to the applicant’s petition are required, even if they were previously submitted to the CIS with the applicant’s petition.

Translations

All documents not in English, or in the official language of the country in which application for a visa is being made, must be accompanied by certified translations.

The translation must include a statement signed by the translator that states that the:

• Translation is accurate, and

• Translator is competent to translate.

Birth Certificates

Each applicant will need to obtain an original birth certificate issued by the official custodian of birth records in the country of birth, showing the date and place of birth and the parentage of the alien, based upon the original registration of birth.

The certificate must contain the:

• Person’s date of birth

• Person’s place of birth

• Names of both parents, and

• Annotation by the appropriate authority indicating that it is an extract from the official records

Unobtainable birth certificates

The applicant’s birth record may not be obtainable. Some reasons are listed below:

• The applicant’s birth was never officially recorded.

• The applicant’s birth records have been destroyed.

• The appropriate government authority will not issue one.

Please obtain a certified statement from the appropriate government authority stating the reason the applicant’s birth record is not available. With the certified statement the applicant must submit secondary evidence. For example:

• A baptismal certificate that contains the date and place of birth, as well as both parents names (providing the baptism took place shortly after birth)

• An adoption decree for an adopted child

• An affidavit from a close relative, preferably the applicant’s mother, stating the date and place of birth, both parents names, and the mother’s maiden name.

Note: An affidavit must be executed before an official authorized to take oaths or affirmations. More specific information is available from the NVC.

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Court and Prison Records

Applicants who have been convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of the fact that he or she may have subsequently benefited from an amnesty, pardon or other act of clemency.

Court records should include:

• Complete information regarding the circumstance surrounding the crime of which the applicant was convicted

• The disposition of the case, including sentence or other penalty or fine imposed

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Deportation Documents

Applicants who have previously been deported or removed at government expense from the United States must obtain Form I-212, Permission to Reapply after Deportation, from the U.S. Citizenship and Immigration Service, or from a U.S. Embassy or Consulate, and follow the instructions included on that form.

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Marriage Certificate

Married applicants must obtain an original marriage certificate, or a certified copy, bearing the appropriate seal or stamp of the issuing authority.

Note: Marriage certificates from certain countries are unavailable. More specific information is available from NVC, the nearest United States immigrant visa processing post, or online at: http://travel.state.gov/visa/frvi/reciproc...ocity_3272.html

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Termination of Prior Marriages

Applicants who have been previously married must obtain evidence of the termination of EACH prior marriage. Evidence must be in the form of original documents issued by a competent authority, or certified copies bearing the appropriate seal or stamp of the issuing authority, such as:

• FINAL divorce decree

• Death certificate

• Annulment papers

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Military Records

Persons who have served in the military forces of any country must obtain a copy of their military record.

Note: Military records from certain countries are unavailable. More specific information is available from NVC, the nearest United States immigrant visa processing post, or online at: http://travel.state.gov/visa/frvi/reciproc...ocity_3272.html.

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Photocopy of Valid Passport Biographic Data Page

Which Applicants

The applicant and each applicant that is traveling together with the applicant must submit a photocopy of the biographic data page from the respective valid passport.

What to send

Submit a photocopy of the biographic data page of the applicant’s and the applicant’s individual family members’ valid passports. This is the page that shows the applicant’s name and date and place of birth.

Note: Do NOT send the applicant’s passport(s) to the NVC, just the photocopy of the biographic data page.

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Police Certificates

Which Applicants

Each applicant aged 16 years or older must submit police certificates.

What to Send

The applicant must submit police certificates that meet the following guidelines. The police certificate must:

• Cover the entire period of the applicant’s residence in that area

• Be issued by the appropriate police authority

• Include all arrests, the reason for the arrest(s), and the disposition of each case of which there is a record.

How to obtain a police certificate

1. Determine from which countries an applicant is required to obtain police certificates. The table below will assist in determining from where an applicant must obtain police certificates.

Note: Present and former residents of the United States should NOT obtain any police certificates covering their residence in the U.S.

2. Contact the appropriate police authorities. Selecting the appropriate country from the Reciprocity by Country page will provide you with additional information on how to obtain a police certificate.

IMPORTANT NOTICE - ABOUT POLICE CERTIFICATES: The Reciprocity by Country pages will indicate if a country’s police authorities require the submission of a specific Police Certificate Request form. Some countries may require the submission of specific Police Certificate Request forms in order to properly request and obtain the applicable Police Certificate(s).

Police certificates from certain countries are unavailable.

More specific information is available from NVC, the nearest United States immigrant visa processing post, or online at: http://travel.state.gov/visa/frvi/reciproc...ocity_3272.html.

From which countries does an applicant need a police certificate

IF the applicant… AND… THEN the applicant needs a police certificate from…

is living in their country of nationality at their current residence for more than 6 months is 16 years old or older the police authorities of that locality.

lived in a different part of their country of nationality for more than 6 months was 16 years or older at that time the police authorities of that locality.

lived in a different country for more than 12 months was 16 years or older at that time the police authorities of that locality.

was arrested for any reason, regardless of how long they lived there was any age at that time the police authorities of that locality.

Appointment NVC Processing

The applicant and each family member who will accompany the applicant to the United States will need to submit two front-view color photographs with a white background.

Guidelines

The photographs must be square measuring 2 inches x 2 inches (5 cm x 5 cm).

• Head should be positioned directly facing the camera

• Photographs should capture from slightly above top of hair to middle of chest

• Eyes should be open and looking at the camera

• Eyeglasses should be worn if normally used by the subject

o Glare on eyeglasses can usually be avoided with a slight upward or downward tilt of the head

• Background should be white or off-white

• Include headpieces if worn daily for religious purposes; they should not obscure or cause shadows on the eyes or any other part of the face

Photo Assistance

Head Facing the Camera

To prevent geometric distortion and ensure an adequate depth of field, the camera should be placed at the subject’s eye level and approximately 4 ft (120 cm) from the subject.

By placing the subject on an adjustable height seat, the height of the camera tripod can be fixed.

A lens of about 105 mm focal length on a 35 mm film camera, or its equivalent on any other camera, should provide a sufficiently flat field of view.

Eyes

A slight downward tilt of the head will usually eliminate glare on eyeglasses. If this does not reduce the glare, try tilting the head slightly upward or rotating the glasses slightly upward or downward. The head should not be tilted by more than a few degrees to eliminate glare.

“Red Eye” conditions should be avoided. Red eye is caused by a direct reflection, through the pupil, from the retina of the eye when an on-camera flash is used, particularly for a subject who has adapted to a darkened environment. Red eye can be reduced by using an off-camera flash or by brightening the ambient lighting.

Background

A distracting background should be avoided. Use a plain wall or a photographer’s backdrop cloth as the background. The background color may be white or off-white.

Ideally, the background will be out of focus so that minor markings or texture on the background are not apparent in the photo.

Several US Embassies and Consulates have information that will assist applicants in collecting the documentation needed by the NVC. To determine if the embassy/consulate where the visa interview will take place has any location-specific assistance:

1. Select the first three letters of the applicant’s NVC case number from the following dropdown list.

2. Click on US Embassy/Consulate-specific information.

Note - About Adobe Reader : In order to download the Panel Physician List, you will need to have a recent version of Adobe Reader installed on your computer. If you do not have Adobe Reader on your computer, please visit http://www.adobe.com. There is no charge to download Adobe Reader. Please note that you may receive a "file corrupted" error message if you are using an older version of Adobe Reader.

Overview

The information below provides the applicant with an overview of the steps that take place once the applicant have obtained all the applicant's documents and have completed the necessary forms.

STEP ONE

The petitioner in the applicant's case has been sent instructions concerning completion of the Affidavit of Support (form I-864) and supporting documents needed for financial sponsorship. The applicant may want to contact the applicant's petitioner to ensure that these documents are completed and returned to NVC as directed.

STEP TWO

The NVC will complete all necessary administrative processing of the applicant’s immigrant visa application. The applicant may be requested to provide additional information if the applicant has incomplete or are missing documents.

STEP THREE

Approximately one month before the applicant’s scheduled interview appointment with a consular officer, the applicant will receive an appointment letter containing the date and time of the applicant’s visa interview along with instructions for obtaining a medical examination.

Getting the applicant’s documents back

The applicant will receive the applicant’s original documents back at the time of the visa interview.

Note: Only one original or certified copy of each document must be submitted with the visa application. The applicant are advised, however, to obtain the necessary documents in duplicate, as this will enable the applicant to provide identical copies in the event the first set is lost or damaged.

When to call or write

The NVC cannot guarantee how long it may be before the applicant is scheduled for an appointment for a visa interview. Please call or write to the NVC if the circumstances of the applicant’s application have changed. For example:

• Change of address

• Change of marital status

• Death of petitioner

• Birth or adoption of additional children, or

NVC has requested additional information

Note: The NVC’s Contact Information is available at NVC’s Contact Information page.

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Filed: Citizen (apr) Country: Colombia
Timeline
Hi, I was reading all this information and helped me a lot. I do have a question though on the I-212 waiver. My daughter-in-law was here illegal, was in deportation proceedings but left on her own at our expense. My son is filing the I-130 to bring her back. Since she was not officially deported and left on her own expense, do we still have to apply for a waiver?

Yes, because her ban is based on whether she entered the US legally or not, not on whether she voluntarily left the US or was deported.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Yes. The G325A form for BOTH of you. You sign yours, she signs hers.

Can someone let me know the following answer...!

I am US citizen, I would like to apply for my mother. Do I have to file G325a with I-130 form.???

 

i don't get it.

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Filed: Citizen (pnd) Country: Bulgaria
Timeline
Yes. The G325A form for BOTH of you. You sign yours, she signs hers.

Can someone let me know the following answer...!

I am US citizen, I would like to apply for my mother. Do I have to file G325a with I-130 form.???

No G325A

First you need to send only I-130 w/ the required certificates and fee

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