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Captain Ewok

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  1. Each year tens of thousands of visas are issued to a spouse or fiance of an American Citizen so that they may move to the US and be with their loved ones. For a non US Citizen Fiancé(e) the most common way of bringing them to the US is a K-1 (fiance) Visa. For a non-US Citizen spouse there are several common ways to bring them to the US, each with their own Pro's and Con's. Listed below are the common ways to bring a non-US Citizen Fiancé(e) or spouse to the US as well as a few Pro's and Con's for each option. Marriage Based Visa Comparison Table Visa Type K-1 K-3 IR-1 / CR-1 DCF Marital Status Engaged Married Married Married Time for Visa (Months) 13.5 16 18.5 3 Requires AOS Yes Yes No No Requires EAD Yes Yes No No Req. Travel Doc Yes No No No Time to Greencard (Months) 22.5 20.5 18.5 3 Total Cost $1650 $1705 $903 $945 Extra Notes Must be married within 90 days of entry. AOS must be filed in order to gain Legal Permanent Resident status. Failure to file AOS before I-94 expires accrues out-of-status days. After entering the US, may file for AOS within two years or instead wait for I-130 to be approved and pursue IR-1 / CR-1 Visa. Visa holder automatically becomes a Legal Permanent Resident after entering the US. Can work and travel freely. US consulates typically only do this for US citizens who live overseas. DCF results in a IR-1 / CR-1 Visa. Fiancé(e) Visa (K1) In General A K-1 Visa allows a Non-US Citizen Fiancé(e) to a US Citizen to legally enter the US and Adjust Status to become a Legal Permanent Resident. The process of obtaining a K-1 Visa starts by the U.S. citizen filing a form "I-129F: Petition for Alien Fiancé(e)" with the USCIS (United States Citizenship and Immigration Services). The USCIS is responsible for processing this petition and if approved will forward (via the National Visa Center) the petition to the consulate serving the location of the Non-US Citizen Fiancé(e). Upon receiving the approved I-129F petition, the US Consulate will contact the Non-US Citizen Fiancé(e) and request certain information be gathered and provided to the US Consulate. Additionally there will be an actual "visa interview" in person (at the consulate) for the K-1 Visa. If the embassy approves the K-1 Visa, they will issue the visa typically within two to three days after the interview. Once the Non-US Citizen Fiancé(e) receives the K-1 Visa they may enter the US any time within six months of the visa being issued. Arriving in the US it is important to note that they must get married to the US Citizen who petitioned their K-1 Visa within 90 days and file for Adjustment of Status (AOS) to become a Legal Permanent Resident. If they fail to do this within 90 days of entry into the US they may accrue unlawful status inside the US as defined by the USCIS. This may potentially affect future immigration benefits they file for. You may view the K-1 current and historical processing time trends to get a better idea of the time the process may take at various stages. Unless an engaged couple decides to get married, this is their main visa option. If they decide to get married they will need to file for a K-3 or IR-1 / CR-1 Visa instead. Pluses "Relatively" fast process. As fast or quicker than K-3 and/or IR1 / CR-1 Visas (which are only available to married couples). Once in the US and married, the K-1 Visa Holder may obtain a social security card, Employment Authorization Document (EAD), and seek employment legally within the US. As a note, typically an EAD is applied for at the same time as the K-1 Visa Holder files for AOS (after marriage). Generally an EAD is issued within 90 days of the application being received. The K-1 Visa allows time for an engaged couple to be together in the US before marriage since the visa is good for 90 days. The Non-US Citizen Fiancé(e) must marry the US Citizen and apply for AOS to remain in the US. If they do not marry there are no other methods to remain in the US and they must return home. Minuses The K-1 Visa Holder will need to apply for Advance Parole (AP) if they wish to travel outside of the US while their AOS application is being processed and not yet approved. Leaving without an approved (and in hand) AP will result in abandoning the pending AOS application and require filing for a new visa (either K-3 or IR-1/CR-1) to re-enter the US. In nearly all cases, if the marriage fails prior to the K-1 Visa Holder's AOS application being approved there are no other options for legally remaining inside the United States; the K-1 Visa Holder will be required to leave the US. A K-1 Visa Holder only has "valid status" for 90 days after they enter the US (and must be married and apply for AOS by that time to not accrue "unlawful status". This 90 day window may not be extended. Only U.S. citizens can file for a fiance visa. Spousal Visa (K3) In General A K-3 Visa allows a Non-US Citizen (spouse) married to a US Citizen to legally enter the US and adjust status to become a Legal Permanent Resident. If a couple wishes to pursue this visa they must be legally married (or get married before starting the process). The couple may have previously been married either outside or within the US (the location does not matter as long as the marriage was officially recognized in the location in which it occurred). The process of obtaining a K-3 Visa starts by the U.S. citizen filing a form "I-130: Petition for Alien Relative" with the USCIS (United States Citizenship and Immigration Services). This form is also filed to petition for an IR1 / CR1 Visa (see next section). What makes the K-3 Visa special is that instead of waiting for the I-130 to be approved, the US Citizen may, upon receipt of the I-130 being accepted by the USCIS, file an I-129F petition with the USCIS indicating the desire to obtain a K-3 Visa. This option has the benefit that the I-129F for a K-3 Visa will often be processed faster than the "underlying" I-130. This means that the time waiting for the Non-US Citizen Spouse to enter the US may be less. The USCIS is responsible for processing the I-129F and if approved will forward (via the National Visa Center) the petition to the consulate serving the location of the Non-US Citizen Spouse. The remainder of the process at the embassy is similar to the K-1 Fiancé(e) Visa process. After the K-3 Visa is approved byt he US Consulate, the Non-US Citizen Spouse can enter the US with their status as a "K-3 Visa Holder" valid for two years. They may freely travel in and out of the US as the K-3 Visa is a multiple entry visa. At any time within these two years they may file for and initiate an Adjustment of Status (AOS) process with the USCIS (to become a Legal Permanent Resident). If so they will be deciding to Adjust Status within the US (just like a K-1 Visa Holder would) and will follow the normal AOS process which may take six months or even longer in some regions of the US. Alternately, if prior to filing for AOS the K-3 Visa Holder has their underlying I-130 petition approved by the USCIS they may instead (of filing for AOS) choose to return to their consulate abroad to interview and obtain an IR-1 / CR-1 Visa. In this case they would abandon their status as a K-3 Visa Holder and re-enter the US as a IR-1 / CR-1 Visa Holder. Entry into the US as a IR-1 / CR-1 Visa Holder results in the immediate conversion to becoming a Legal Permanent Resident (your green card is mailed out shortly after arrival in the US). You may view the K-3 current and historical processing time trends to get a better idea of the time the process may take at various stages. A married couple may also file solely for a IR-1 / CR-1 Visa instead of a K-3 Visa. See the next section for details. Pluses Once in the US, may apply for a social security card and an Employment Authorization Document (EAD). Employment may be freely obatined while the K-3 Visa and EAD are valid. NO Advance Parole (AP) (unlike a K-1 Visa Holder needs) is required for travel to and from the US while the K-3 Visa is Valid. K3 and K4 visa recipients are in valid status for 2 years and the visa is a multiple re-entry visa. K-3/K-4 visa holders may extend status by showing strong intent to eventually adjust status. The K-3 Visa Holder may apply for Adjustment of Status within the US BEFORE the underlying I-130 petition is approved. Generally allows applicant to enter the US faster then waiting for the I-130 to be approved and the IR-1 / CR-1 visa to be issued. Minuses will have to file Adjustment of Status after entry to the US or once their I-130 petition is approved (while their K-3 Visa is valid) return to their home country to be interviewed for an IR-1 / CR-1 Visa. May only adjust status based on marriage to original US Citizen petitioner. If the marriage fails before Adjustment of Status is complete, the K-3 Visa Holder will have to leave the US. K-3 and K-4 visa holders cannot change to another visa status and stay in the US if the marriage fails. An Employment Authorization Document (EAD) must be obtained and there will be some waiting time before the K-3 Visa Holder can work. The exact amount of time for for an EAD to be approved is roughly 90 days. Spousal Visa (IR1 / CR1) In General A IR-1 / CR-1 Visa allows a Non-US Citizen (spouse) married to a US Citizen (see note at end) to legally enter the US, immediately becoming a Legal Permanent Resident upon entry. This option may take longer than obtaining a K-3 Visa. If a couple wishes to pursue this visa they must be legally married (or get married before starting the process). The couple may have previously been married either outside or within the US (the location does not matter as long as the marriage was officially recognized in the location in which it occurred). The process of obtaining a IR-1 / CR-1 Visa starts by the U.S. citizen filing a form "I-130: Petition for Alien Relative" with the USCIS (United States Citizenship and Immigration Services). This form is also filed if a couple intends to obtain a K-3 Visa (see above section). The USCIS is responsible for processing the I-130 and if approved will forward the petition to the National Visa Center (NVC). The NVC may request certain information be provided to them (initial case processing) prior to forwarding the completed package to the consulate serving the location of the Non-US Citizen Spouse. The visa processing at the US Consulate is similar to other family visas such as the K-1 and K-3 however the IR-1 / CR-1 Visa is an "Immigrant Visa", which means the Non-US Citizen Spouse will upon receiving their visa and entering the US immediately become a Legal Permanent Resident. Their "green card" will be mailed to them shortly after their arrival. As a Legal Permanent Resident they may work and travel to and from the US freely using their "green card" and status as a Legal Permanent Resident. You may view the IR-1 / CR-1 Visa current and historical processing time trends to get a better idea of the time the process may take at various stages. A married couple may also file for a K-3 Visa while waiting for their I-130 to be approved. This is done by filing an I-129F after the I-130 has been received by the USCIS. See the above section for details. Note: Technically, a US Legal Permanent Resident can apply for this visa for their Non-US Citizen Spouse however the waiting time is up to five years. They can file and wait for a visa number to become available (again up to five years) or wait until they themselves become a US Citizen -- whichever comes first will allow the visa process to move forward immediately. Pluses This is an "Immigrant" Visa and will as such allow the applicant to arrive in the US as a Legal Permanent Resident. After entry into the US, as a Permanent Resident they may seek employment without restrictions. No Employment Authorization Document (EAD) is required. After entry into the US, as a Permanent Resident they will not require special permission to leave the US for travel. No Advance Parole (AP) document is required. IR1/CR1 Visas often do not take much longer than the K-3 Visa option. The benefit of entering the US and immediately becoming a US Legal Permanent Resident (Green Card Holder) to many people is worth the additional small wait in time. Minuses Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed. Direct Consular Filing In General Direct Consular Filing (DCF) allows a US Consulate to process a IR-1 / CR-1 Visa (for a Non-US Citizen (spouse) married to a US Citizen) without having to wait for the USCIS in the US to process the required paperwork. Instead all paperwork is filed and processed AT THE CONSULATE. This is often a much faster way to get a IR-1 / CR-1 Visa however there is one requirement that must typically be met: To Qualify: U.S. consulates will typically only do this for US citizens who are Legal Residents of the country (typically for at least six months) in which the US Consulate sits (overseas). You will be required to show proof. This can be any country with a US Consulate (that the US Citizen is a resident) and need not be the country in which the Non-US Citizen Spouse lives. If the US Citizen qualifies to file using DCF, in most cases it is the quickest route to obtaining a IR-1 / CR-1 Visa. Be sure to contact your respective Consulate to determine if this option is possible. Do not assume it will be. Once the IR-1 / CR-1 Visa is approved their rights of the IR-1 / CR-1 Visa Holder are the same as if they had gone through the USCIS in the US initially. The Non-US Citizen Spouse will upon receiving their visa and entering the US immediately become a Legal Permanent Resident. Their "green card" will be mailed to them shortly after their arrival. As a Legal Permanent Resident they may work and travel to and from the US freely using their "green card" and status as a Legal Permanent Resident. Pluses Potentially (if qualified) the quickest route to admission to the US and to Legal Permanent Resident in the US, based on marriage. The process usually takes less than 3 months The IR-1 / CR-1 Visa Holder has the same rights as if they had gone through the USCIS in the US initially. Wait times for the visa interview can be one week to three months, which is still faster than other marriage based visa options! Minuses Consular policies can change over time, and one should always confirm with the consulate that they will do this process. US Citizen must show proof of US domicile/intent to reestablish domicile to qualify as a Sponsor for the I-864. Additional Notes on DCF Notes about DCF: To find out whether you can file a petition at a specific post abroad, you must ask that post. For information on how to contact the post, please visit their specific U.S. Embassy or Consulate website.
  2. The following graphs indicate the historical processing times for various key steps along the way to obtaining a IR1/CR1 Visa. This is useful so you can judge historic and current trends in processing times. The x-axis of the graphs indicates the date for the data with the most recent dates being on the far right (the far left is the oldest dates). The y-axis represents the actual processing time for that historical period. > The statistics below are generated from the member supported timeline section and reflect actual data provided by members just like you! Remember to add or update your timeline here. Step 1: I-130 NOA1 Issue Time --> Filing date to I-130 NOA1 Date Step 2: I-130 Processing Time at Service Centers (Filing date to I-130 Approval (NOA2) Step 3: I-130 Processing Time at the NVC Step 4: Embassy IR1/CR1 Visa Processing Time (receives petition until issues visa) NOTE: This is an average of all consulates (see IR1/CR1 stats page for more information) OVERALL: For more detailed additional information please the the IR1/CR1 Visa Statistics page.
  3. Background: A permanent resident is given the privilege of living and working in the United States permanently. A person's permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day they were given permanent residence. A person is also given conditional resident status on the day they are lawfully admitted to the United States on an immigrant visa (having been married less than two years and entering on a CR-1 Visa). A person's permanent resident status is conditional, because they must prove that they did not get married to evade the immigration laws of the United States. When to File: If you are filing jointly, the I-751 form must be filed within the 90 days just preceding the expiration date on your permanent residence card. This is the date that your conditional residence expires. Note that, despite the fact that you may see word "anniversary" used in a confusing way regarding the filing date for removal of conditions, your wedding date is completely irrelevant to determining the window of time during which you may file for removal of conditions. If you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file it within 90 days of your return to the United States. See the USCIS webpage for more specific instructions, and search the forum for stories of several people who have done this successfully. It is very important to file the I-751 within the correct window of time, and be sure not to file it before the 90-day window. If you file it too early, they will send your application back. You may file at any time during the 90 day window, but it is prudent to file fairly early in the window. If you fail to properly file the Form I-751 (Petition to Remove the Conditions on Residence) within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you. You will receive a notice from the USCIS telling you that you have failed to remove the conditions, and you will also receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (the USCIS is not responsible for proving that you did not comply with the requirements). The USCIS may send a reminder to file this petition on time, however you should not rely on this reminder -- postal delivery is never without faults. Not receiving the letter is not an excuse for filing late. The USCIS provides additional information here. Download the Following Forms: 1. I-751 The above form can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov. Assembling the I-751 Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Sheet (example here) 3. Form I-751, Petition to Remove the Conditions on Residence (see example form) 4. Copy of the Green Card (Front and Back) for the person filing to remove conditions (and any K2 children) 5. Evidence of Bona fide Relationship (see below) Evidence of Your Bona fide Marital Relationship A crucial part of filing this form is that you present evidence of your bona fide marital relationship, as your removal of conditions is based upon your marriage. There are a variety of documentations that you may submit. While the USCIS instructions for the I-751 say that evidence should cover the entire period from your marriage up to the present date, there is no need to repeat evidence that you already submitted to them earlier. Many couples submit no evidence whatsoever covering the period before their first interview. In any case, it's helpful to concentrate on the evidence that has developed since they last interviewed you. You do not have to have all of the types listed below as proof of the relationship; supply as many as you like. If you are short on the documents that have both of your names listed on them you MAY include affidavits from people who know you as a couple (see examples), confirming your marital relationship -- note that they are not required. If you have very little documentary evidence, you may find affidavits helpful. Additionally, you will need to submit a copy of the green card of the person who is applying for removal of conditions. IF you have K-2 children who will also be filing for removal of conditions at the same time, you may include them and use only one form and only one fee for the form. On the "don't panic" front -- ultimately the burden of proof is on the CIS to show a fraudulent marriage. Even if CIS denies, the application can be renewed in front of an Immigration Judge (IJ) in Removal Proceedings -- and the IJ's tend to APPROVE those cases. ONLY SEND COPIES of evidence. The copies should be clear and all marks pertaining to filings, registration and/or government issuance should be clearly shown. Examples of documents showing a bona fide relationship (Submit COPIES only. Do not send originals): 1. A deed, showing co-ownership of your property or a lease agreement with both of your names on the lease. 2. Utility bills, credit card bills, and other types of bills which have both of your names on them. Since many utilities will only put a bill in one person's name, some bills in one name and other bills at the same address but in the other spouse's name serve the same purpose: showing your financial & social lives intermingled. 3. Copies of actual credit cards, health insurance cards, or other "joint" cards that you have together, showing same account number. 4. Car, health, or life insurance that has both of your names on the policy or the other spouse listed as the beneficiary. 5. 401K or other retirement plan with spouse listed as beneficiary (right to survivorship is the technical term) 6. Bank or stock accounts with both of your names on them. 7. A copy of your joint federal and state tax returns (including W-2's and other applicable Schedules and attachments). Sending an official tax transcript from the IRS (for Federal) is beneficial and often preferred as it reflects what was actually filed. 8. A car title or other titles to property showing joint ownership with your spouse. 9. Birth certificate of any children that have been born to your marriage. 10. Documentation of any vacations that you have taken, including flight itineraries, hotel bills, pictures of you together on vacation. 11. Other family pictures of you together. 12. Documentary proof showing evidence of your children together (Copy of Birth Certificate, photos, etc) 13. Copies of Christmas cards and other holiday cards addressed to you both Mailing the Packet & What to do While You Wait The I-751 form and accompanying documents are mailed to either the USCIS location here depending on your state of residence. (Use certified mail or priority mail with delivery confirmation, and write "Attention: I-751 petition to remove conditions of status" on the envelope under the address.) You will receive a notice of receipt for the form stating that "Your alien card is extended one year - employment and travel authorized". Keep the receipt with your green card. If by some chance you are not approved within a year you will want to make an InfoPass appointment to go to your Local Office to request an I-551 stamp in your passport. This does happen as it sometimes it takes over a year to be approved. After your NOA extension expires, this is your only evidence of legal status which you are required to have, by law. This happens occasionally, that a case takes over a year, but it's rare. Local Offices will not give an I-551 stamp if you have another type of evidence of status (ie, expired Green Card + extension letter). You may or may not be called for an interview after you submit this form. Procedures have been in flux for the past year or so regarding biometrics collections (fingerprints, and photo) and you may get a letter sending you to your DO or ASC for this service--this is not an interview. Simply follow the instructions that YOU receive from USCIS and don't worry too much about other people's situations. Yours is the one that counts for you. If you are selected for an interview, it will be at your local USCIS office, not at the service center. Most typically, you have already had a biometrics appointment before your notice of approval, and your new Green Card will be mailed to you. However, you should follow all directions received from USCIS. I-751 cases are generally completed in 6-12 months, currently. Once you receive the 10-year green card, it should be renewed every 10 years, if you do not become a U.S. citizen in the interim. Instructions for renewing your card are here: How Do I Renew My Permanent Resident Card (Green Card)? Note on Case #'s: The case number on the NOA1 is not linked to the USCIS case update site - you have to wait for the case number that comes with the biometrics letter.
  4. BE WARNED: You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney. If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US. If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US. The above conditions are serious and can result in the separation of families for many years if not taken seriously. Download the Following Forms: 1. I-130 2. I-130A 3. I-864 4. I-485 5. I-765 (optional) 6. I-131 (optional) 7. G-1145 (optional) The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can hand-write (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov. Assembling the I-130 Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet. 3. Form I-130: Petition for Alien Relative 4. Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship. 5. A copy of petitioner's proof of naturalization. (If applicable) 6. A copy of petitioner's proof of permanent residency. (If applicable) 7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English) 8. A certified copy of your certified marriage certificate (again, translated if not in Engligh) 9. A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before) 10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died) 11. Two passport-type photos (see specification) of the US Citizen. Write the full name on the back of each photo. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding I-130. 12. Two passport-type photos (see specification) of the foreign spouse. Write the full name of the beneficiary on the back of each photo. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding I-130. 13. Evidence of a bonafide marriage (see note below for what to include) 14. Form I-130A: Supplemental Information for Spouse Beneficiary Evidence of a Bonifide Marriage The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as: 1. Documentation showing joint ownership or property; or 2. A lease showing joint tenancy of a common residence; or 3. Documentation showing co-mingling of financial resources; or 4. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or 5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full nameand address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or 6. Any other relevant documentation to establish that there is an ongoing marital union. Assembling the I-485 Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. Be sure to include the payment for both the I-485 and the biometrics fee*. >> The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007). 2. Cover Letter. Should include a description of what your are petitioning for (I-485), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet. 3. Form I-485: Petition for Alien Relative 4. Form I-944 (Declaration of Self-Sufficiency with applicable supporting documents) (no longer required as of March 9, 2021) 5. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps). 6. Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form) 7. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English) 8. A certified copy of your marriage certificate. (If filing for your spouse) 9. A copy of the petitioner's and/or intending immigrant's divorce documents. (If filing for a spouse, and one or both of you have been divorced before) 10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died) 11. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding I-485. 12. I-693, Medical Examination of Aliens Seeking Adjustment of Status 13. I-864, Affidavit of Support (see poverty limits here) >> Include any additional required supporting documentation 14. I-765, Application for Employment Authorization, if you want to work while your application is processed (optional) >> Include any additional required supporting documentation or photos as well as payment per USCIS instructions. 15. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional) >> Include any additional required supporting documentation or photos as well as payment per USCIS instructions. 16. I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10 17. I-601, Application for Waiver of Grounds of Excludability**, if applicable * Fingerprint fee not needed for applicants under 14 ** an I-601 is NO FEE, if, and ONLY if filed WITH an I-485. Later filing DOES require a fee. Whether to file an I-601 is an important decision -- like the J-1, consulation with an attorney is recommended. Add an overall cover page: It is useful to add an overall cover sheet with the description of the package and pertinent information such as the applicants name and address. Make sure the cover sheet indicates the package is an Immediate Relative (Spouse) Family Based Adjustment of Status Application with a concurrent I-130 filing. List the major contents of the package (i.e. I-485 and evidence, I-130 and evidence, I-765, I-131,etc). I-944 (Declaration of Self-Sufficiency) Information: This form is required to be submitted with your I-485 for all applicants, and is in addition to the required I-864 (Affidavit of Support). The supporting documents list is lengthy and includes a tax transcript (not actual tax return) of the U.S. citizen, last foreign tax return filed by the fiancé, asset statements, certificates for any English courses taken, higher education verification, if applicable (including diplomas and equivalency evaluations), and several other onerous requirements. The most troublesome item is the requirement for a U.S. credit bureau credit report, or a letter from a credit bureau stating that no credit report is available. Since most recent immigrants will not have a credit record in the U.S., no credit report will be available, and the 3 credit bureaus have not been issuing letters stating no report is available. Our best advice at this point is to write a letter explaining why no credit report is available. You can find an example of this letter and an example filled out I-944 here. Attach "E-Notification" Form (Optional) Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received. Where to File Everything: You should mail the completed form(s) to the USCIS address here (Note the PO Box address for your filing type: Form I-130 with Form I-485). Mail the package with return receipt requested / delivery confirmation. Send via USPS. IMPORTANT! Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence. After Filing: What to do? Now starts the waiting game. If you filed for an EAD, your spouse will get their Employment Authorization Document approved in 30 to 90 days and will be scheduled to have their picture taken and to have their EAD card issued. After your spouse has received their EAD, the real wait begins. I-485's can take several months to couple years for approval, and often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually get to your petitions! Your spouse may also be required to have a medical sometime during the AOS process. The medical must be done by a CIS accredited doctor. Your CIS office should give you a list of CIS accredited doctors in your area, if not check with your local office to get one. The medical exam can cost anywhere from $100-200 dollars, many physicians will not take a check, but only accept cash. Be prepared of the cost before your spouse gets this done. It would be wise to collect their vaccination information before going to the appointment as the doctor will need to have record of them. At the appointment your spouse will be tested for TB, AIDS and Syphilis. If they do the skin test for TB, they will be required to return to the CIS doctors office to have the site checked before they finish the exam paperwork. Note: Some CIS Offices allow you to schedule your appointment when you want, as long as it is done before the AOS appointment, check with your CIS office to see how they handle CIS medical exams before filing your AOS paperwork. Your spouse will be required to have biometrics taken at some point including fingerprints and photo's. This can typically precede the interview date by up to 15 months, however is ussually much closer. Eventually you will receive a letter from the CIS informing you of your interview date. You and your spouse will need to bring supporting evidence of the relationship... i.e. photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any etc. Also, it is very important to bring the current passport of the applicant, as the CIS will stamp his/her passport with the I-551 stamp if they are approved. This stamp is proof of permanent residency that can be used until they receive their greencard. This normally can take up to six months. The interview is fairly painless and may be video recorded and lasts between 15-30 minutes. NOTE: If you are married less than 2 years, your spouse will have to renew his/her greencard 2 years from issuance by filing the I-751 to remove conditional status.
  5. What is a IR-1 / CR-1 Spouse Visa? IR-1 / CR-1 Spouse Visas are immigrant visas issued to foreign spouses of US Citizens. After the US citizen spouse files (and has approved) the proper petition with the USCIS, the foreign spouse will complete the visa process completely outside the US. Upon approval and once issued, the foreign spouse may enter the US with their visa and pass through the arrival Port of Entry, where they will become a Permanent Resident immediately. They will receive a Permanent Resident Card (Green Card) in the mail at their US Address within a few weeks. Note to K3 Applicants: This process also applies to K3 Visa applicants whom have had their I-130 approved prior to their I-129f. In this case you may chose to persue the I-130 path as opposed the the K3. This will allow the immigrating relative to enter as a permanent resident as opposed to having to file for adjustment once here. If the I-129f is later approved and forwarded to the embassy then you can write them to request the approved I-130 be acted on and the K-3 process abandoned. Who is Eligible to File? U.S. citizens legally married to a foreign national may petition for a IR-1 / CR-1 visa. If the marriage is less than two years old, the consulate will issue a CR-1 Visa (and if longer than two years it will issue a IR-1 Visa). The primary difference between these two visas is that a CR-1 Visa will result in Conditional Permanent Residency (requiring a petition to be filed later to lift this conditional status) versus a IR-1 Visa resulting in full Permanent Residency upon arrival in the US by the foreign spouse. Forms Needed to File for a IR-1 / CR-1 Spouse Visa: 1. I-130 2. I-130A 3. G-1145 (optional) The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov. Assembling the I-130 Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet. 3. Form I-130: Petition for Alien Relative 4. Copy of the full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship. 5. A copy of petitioner's proof of naturalization. (If applicable) 6. A copy of petitioner's proof of permanent residency. (If applicable) 7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English) (no longer needed) 8. A copy of your marriage certificate (If not in English then again get a translation) 9. If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated (court certified copies of the petitioner's and/or intending immigrant's divorce documents). 10. A copy of a prior spouse's death certificate. (If one or both of you were married before, and the prior spouse died) 11. Two passport-type photos (see specification) of the petitioner. Write the full name on the back of each photo. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding I-130. 12. Two passport-type photos (see specification) of the non-US Citzen spouse. Write the full name of the beneficiary on the back of each photo. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding I-130. 13. Evidence of a bonafide marriage (see note below for what to include) 14. Form I-130A: Supplemental Information for Spouse Beneficiary Evidence of a Bonifide Marriage The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as: 1. Documentation showing joint ownership or property; or 2. A lease showing joint tenancy of a common residence; or 3. Documentation showing co-mingling of financial resources; or 4. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or 5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or 6. Any other relevant documentation to establish that thereis an ongoing marital union. Attach "E-Notification" Form (Optional) Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received. Mail the I-130 Package to the USCIS You should mail the completed form(s) to the proper USCIS address here (Note the location & PO Box address for your filing type: stand alone). Mail the package with return receipt requested / delivery confirmation. Send via USPS. IMPORTANT! Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence. Create a VJ Timeline Estimate processing time and approval date: Creating a VJ Timeline will allow you to track your case and will generate an estimated approval date for your petition. You can always gain access to many other tools to help you plan how long your Visa Journey will take! What Happens After You Mail the I-130 Out? A few weeks after you have sent your petition to the USCIS you will receive a Notice of Action (aka NOA) letter indicating that they have begun processing your I-130 application. You can check the status of your application as well as other processing time information here. When your I-130 petition is finally approved, the service center that processed your petition, will send you another Notice of Action letter indicating your approval, and the forwarding of your approved petition to the National Visa Center (NVC) in Portsmouth, New Hampshire, along with a phone number to contact the NVC with. Your case will now only be dealt with by the NVC. The service center that you filed with, will have no more knowledge on the status of your petition or case. A few weeks after you have received your last Notice of Action indicating the approval and forwarding of your I-130 application to the NVC, the NVC will send your relative a packet of forms that you and your relative must fill out before your relative can be given an interview date with a consulate abroad. The packet will likely contain instructions to fill out the DS-261 and DS-260 online forms, by the intending immigrant. An I-864 form is also included that must be filled out by the petitioner (living in the US). The I-864 is the Affidavit of Support form that requires copies of the petitioners past 3 U.S tax returns (or tax transcripts which are free from the IRS) as well as any bank or financial records available (see the I-864 for exact requirements based on your case). The petitioner must make at least 125% above the U.S federal poverty to indicate to the U.S government that the intending immigrant will not become a federal charge to the government when he/she arrives in the U.S.. If the petitioner cannot meet these requirements, then he/she must still file an I-864, and find a joint sponsor who can meet the requirements on his/her own. When a joint sponsor is needed ,proof of their U.S citizenship or permanent residency is required. (i.e. copy of birth certificate, immigration status etc). The joint sponsor must be residing in the U.S, and he/she must also submit his/her past 3 years U.S tax returns along with bank or any other financial records available. The joint sponsor must submit his/her own I-864 form to accompany the petitioner's I-864 form. Forms that may be either sent back (or requested to be gathered and kept for the interview) to the NVC or the consulate abroad (depending upon which consulate you are going through) before an interview date with a consulate abroad can be scheduled are as follows: Pre-Interview Forms / Items: 1. Completed and signed OF-169. 2. Completed and signed Of-230 Part 1 and 2 forms. 3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required. 4. A copy of intending immigrants biographic page of passport(s) including expiration date. 5. Original or certified "long" birth certificate. * 6. Original adoption decree. (if applicable) 7. Marriage certificate. (if applicable) 8. Divorce decree(s) or death certificate(s) (if applicable) 9. Police certificate(s) ** 10. Court and prison records.(if applicable) 11. Custody records. (if applicable) 12. Military records (if applicable) * Per the Foreign Affairs Manual (FAM), they may also be unavailable. Or certain countries don't have individual birth certificates as understood in the US, but the FAM will describe the suitable document. The consulate can explain the alternate requirements to the beneficiary in detail. ** On police clearances, as per the FAM, they may be unavailable. Or with some countries [Korea comes to mind], they will be sent directly to the consulate from the involved government. The consulate can explain the alternate requirements to the beneficiary in detail. After the NVC or Consulate Abroad receives the above forms and supporting documents (which may not all be required to mail back at that time), an interview date will be scheduled for the intending immigrant at a consulate abroad. The NVC or the consulate abroad will send your relative a letter indicating at what time and day the interview is scheduled for, and of required forms that must be brought to the interview. Make two copies of each original document or piece of evidence below and bring them with you. Documents needed are: Interview Forms / Items: 1. Valid Passport. 2. Original or certified "long" birth certificate. * 3. Original adoption decree. (if applicable) 4. Original or certified copy of the marriage certificate. (if applicable) 5. Original death certificate. (if applicable) 6. Original divorce decree. (if applicable) 7. Police certificate. ** 8. Court record(s) (if applicable). 9. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required. (see poverty limits here) 10. Court and prison records.(if applicable) 11. Medical examination information 12. Two passport-type photos (see specification) of the spouse or benefitiary * You should have the originals on hand at this point for the Final Interview. Per the Foreign Affairs Manual (FAM), they may also be unavailable. Or certain countries don't have individual birth certificates as understood in the US, but the FAM will describe the suitable document. The consulate can explain the alternate requirements to the beneficiary in detail. ** On police clearances, as per the FAM, they may be unavailable. Or with some countries [Korea comes to mind], they will be sent directly to the consulate from the involved government. The consulate can explain the alternate requirements to the beneficiary in detail. On The day of your relatives (or spouses) interview, he/she must bring EVERY document listed above that applies to your case, and should be prepared for a long wait. There may be additional forms required. The interview appointment sheet will contain a list of everything you must bring. It will also tell you the payment amount due and the forms of payment accepted. The interview can last for as littles as 10 minutes or up to an hour depending upon your specific case. You relative will take an oath under US law to tell the truth, and it is very important that your relative answer every question as truthfully as possible. In general, it is a good idea that your relative bring documentation to prove strong ties and a relationship with you, the petitioner. (i.e. phone bills, letters etc.) If the consulate officer approves your relative's immigrant visa application, your relative will be issued an immigrant visa that allows your relative to become a US permanent resident. Your relative will become a U.S permanent resident only when he/she enters the U.S at a port of entry, until this time, he/she only has an immigrant visa that is valid up to 6 months from the interview date. If your relative cannot immigrate to the U.S within the 6 month allotted time, then his/her immigrant visa will expire, and the I-130 process must start all over again. At the bottom of either a CR-1 Spouse Visa or IR-1 Spouse Visa is the following sentence, "Upon Endorsement Serves As Temporary I-551 Valid For One Year." The endorsement is a standard CBP admission stamp with applicable information written in by the officer. This allows the visa itself to act as a temporary green card before the actual green card arrives in the mail. Additionally, if your relative is a CR-1 visa holder, the green card will only be valid for two years. Within ninety days before the green card expires, you will have to file an I-751 form to remove it's conditional status. As a general note, please see the I-130 FAQs here.
  6. I-485, Application To Register Permanent Residence or Adjust Status [USCIS Instructions]: Application To Register Permanent Residence or Adjust Status I-864, Affidavit of Support Under Section 213A of the Act: To show that an intending immigrant has adequate means of financial support and is not likely to become a public charge. I-944, Declaration of Self-Sufficiency : (discontinued) G-325A, Biographic Information: To provide biographic information on an alien. You file this form only as instructed on another Immigration application or petition. I-765, Application for Employment Authorization [USCIS Instructions]: Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). Other aliens who are authorized to work in the United States without restrictions should also used this form to apply for a document evidencing such authorization. I-131, Application for Travel Document [USCIS Instructions]: This form is used to apply for a Travel Document, reentry permit, refugee travel document or advance parole. (if you want to leave the country before you are granted permanent residency) G-1145, E-Notification of Application/Petition Acceptance: This form is to be used by an Applicant or Petitioner who can file their application/petition at one of the three USCIS Lockbox facilities, and who wishes to receive electronic notification (e-Notification) that their application has been accepted.
  7. GZ P-3 Supplemental Form: Relating to people immigrating from China. Medical_Forms.pdf: This includes the medical forms that were included from our Embassy. The forms include DS-2053, DS-3024, DS-3025 and DS-3026. Your Embassy may require different or addational forms. This is for reference purposes only. I-693, Medical Examination of Aliens Seeking Adjustment of Status [USCIS Instructions]: This form is used to determine whether an applicant for adjustment of status is admissible to the United States on medical grounds. The medical examination must be conducted by a civil surgeon who has been designated by U.S. Citizenship and Immigration Services (USCIS). AR-11, Change of Address: To report the change of address of an alien in the United States. Required to be filled out and mailed to all required BCIS offices when you move while not a US Citizen. N-400, Application for Naturalization [USCIS Instructions]: Use this form to apply for United States Citizenship I-751, Petition to Remove the Conditions of Residence [USCIS Instructions]: For a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence. G-1145, E-Notification of Application/Petition Acceptance: This form is to be used by an Applicant or Petitioner who can file their application/petition at one of the three USCIS Lockbox facilities, and who wishes to receive electronic notification (e-Notification) that their application has been accepted. I-90, Application to Replace Permanent Residence Card: Use this form to replace a "Green Card." I-864P, Poverty Guidelines: This form is used to determine the minimum income requirement needed to complete Form I-864, Affidavit of Support under Section 213A of the Immigration and Nationality Act. I-865, Sponsor's Notice of Change of Address [USCIS Instructions]: To report a sponsor's new address and/or residence, as required by 8 U.S.C. 1183a(d) DS-2053, Medical Examination For Immigrant or Refugee Applicant: All immigrant and refugee applicants must have a physical examination and mental status assessment as part of their application process. The purpose of the migration health assessment is to determine if medical conditions or mental disorders exist that would: 1. Make the applicant inadmissible. 2. Need to be followed up after resettlement. 3. Require the applicant to receive long-term institutionalization or maintenance income provided by the U.S. government after resettlement that is to become a public charge. DS-157, Supplemental Nonimmigrant Visa Application: The State Department announces a new form, the Supplemental Nonimmigrant Visa Application, Form DS-157. Effective immediately, all male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply, must complete and submit a DS-157 in addition to the Nonimmigrant Visa Application (DS-156). The only exceptions are as follows: Applicants for A-1, A-2, G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6 and TECRO E-1 visas are not required to submit a DS-157. Also, all applicants for crew-list visas are exempt from the DS-157 requirement. Please Note: This form IS required for all male A-3, G-5, and NATO-7 applicants between the ages of 16 and 45, as well as for all male C (C-1, C-2 and C-3) and D applicants between the ages of 16 and 45. The DS-157 is used in conjunction with the DS-156 to determine visa classification and eligibility. Regardless of the exceptions listed above, consular officers reserve the right to require a DS-157 from any applicant for any visa classification. VisaJourney also has example forms for many of the above items.
  8. I-130, Petition for Alien Relative [USCIS Instructions] (or file online): A citizen or lawful permanent resident of the United States may file this form to establish the relationship to certain alien relatives who wish to immigrate to the United States. A separate form must be filed for each eligible relative. I-130A, Supplemental Information for Spouse Beneficiary [USCIS Instructions]: Supplemental form for Spouse when Filing I-130. I-129F, Petition for Alien Fiance(e) [USCIS Instructions]: (ignore name, only used for K3): This form is used to petition to bring your fiance(e) and that person's children to the United States for marriage to you or to bring your spouse and that person's children (K-3 and K-4 visas, respectively) to the United States to complete processing for permanent resident status (under the LIFE Act and Amendments of 2000); please see section 12 of the Instructions to the form. G-325A, Biographic Information: To provide biographic information on an alien. You file this form only as instructed on another Immigration application or petition. I-864, Affidavit of Support Under Section 213A of the Act [USCIS Instructions] (also used in some K1 apps): To show that an intending immigrant has adequate means of financial support and is not likely to become a public charge. DS-230, Application for Immigrant Visa and Alien Registration: Application for Immigrant Visa and Alien Registration. Filled out for the embassy. VisaJourney also has example forms for many of the above items.
  9. I-129F, Petition for Alien Fiance(e) [USCIS Instructions] (also used in K3 apps): This form is used to petition to bring your fiance(e) and that person's children to the United States for marriage to you or to bring your spouse and that person's children (K-3 and K-4 visas, respectively) to the United States to complete processing for permanent resident status (under the LIFE Act and Amendments of 2000); please see section 12 of the Instructions to the form. I-134, Affidavit of Support: To file a promise with the Bureau to support an alien entering the United States and that the alien will not become a public charge. A separate affidavit must be filed by the sponsor for each person. G-325A, Biographic Information: To provide biographic information on an alien. You file this form only as instructed on another Immigration application or petition. DS-160, Online Nonimmigrant Visa Application: This is an online form which the embassy requires to obtain your visa. DS-156, Non-Immigrant Visa Application: Only needed at once you reach the US Embassy handling the Visa. Should also be provided by them. DS-230, Application for Immigrant Visa and Alien Registration: Only needed by US Embassy handling the Visa. Should be provided if required. VisaJourney also has example forms for many of the above items.
  10. >> Start by determining the proper fee owed. USCIS provides a free calculator to determine how much you should pay. How you pay your USCIS filing fees (including biometrics and other fees) will depend on whether you are inside or outside of the United States. If you live outside the United States or its territories If you live outside the United States or its territories and you want to file your application or petition where you live, go to the Forms section of the USCIS website to determine if you can file your form at an international office. USCIS does not accept all forms of payment abroad. Check the appropriate International USCIS office webpage or contact the U.S. Embassy or Consulate for information on how to pay USCIS fees. If you are inside the United States Depending on the form you are submitting, you may pay your fees online using a credit/debit card or bank withdrawal; by mail with a card or check; or in person at a USCIS field office. You must submit the correct fees or USCIS will reject your form. Refund Policy When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action USCIS takes on your application, petition, or request, or if you withdraw your request. Please refer to the form you filed for additional information, or you may call the USCIS Contact Center at 800-375-5283 (for people who are deaf, hard of hearing, or have a speech disability: TTY 800-767-1833). Paying with a Check You may pay fees with bank drafts, cashier’s checks, certified checks, personal checks, and money orders that are drawn on U.S. financial institutions and payable in U.S. funds. Generally, you must mail your check or money order together with your application form. For some forms, you may be able to file your application and pay the fees in person at a USCIS field office in the United States. Refer to the form instructions for more information. Also, some offices will no longer accept money orders or cashier’s checks, such as Los Angeles Field Office. Please see our News page for updates. If you are paying your fees by check, please be aware of the following: Authorization for an Electronic Funds Transfer: By submitting your check, you authorize USCIS to convert your check into an electronic fund transfer. USCIS will use the account information from your check to make an electronic fund transfer from your checking account for the amount of the check. If the transfer cannot occur for technical reasons, you authorize USCIS to process the copy of your original check through normal paper check procedures. Insufficient Funds: The electronic fund transfer from your account can occur faster than normal processing for a paper check. If your check or other financial instrument is returned as unpayable, USCIS will resubmit the payment one time. If it is returned as unpayable a second time, USCIS will reject your filing and USCIS will charge you a $30 returned check fee. How to Write Your Check Personal checks must be pre-printed with your name and your bank’s name. Your address and phone number must be pre-printed, typed, or written in ink. Write the date you are completing the check. Use the U.S. style of month/day/year. (Example: Jan. 4, 2017, or 1/4/17, but not 4/1/17 or 4 JAN 2017.) On the “Pay to the Order of” line, write “U.S. Department of Homeland Security” (not “USDHS” or “DHS”). Use numerals to show the exact dollar amount of the fee for the service you are requesting. In the example, the amount is “$725.00.” Spell out the exact dollar amount of the fee and write the “cents” portion of the amount as a fraction over 100. In this example, the amount is “Seven hundred twenty-five and 00/100.” Write a brief description of the purpose of your payment. In this example, it is “N-400 application and biometric services fee.” Include the applicant’s name on the memo line if it is not on the check itself (for example, if you are paying the fee for your child). Sign the check in ink using your legal name. Pay With a Credit Card Whether you mail your form or file online, you can pay your fees with a credit card, debit card, or pre-paid card. Acceptable Credit Cards You may use Visa, MasterCard, American Express, and Discover. Make sure the card has enough money to cover the fee at the time of filing. USCIS will reject your application, petition, or request if the card is declined, and USCIS will not attempt to process your credit card payment a second time. If You File Online If you file your form online, the system will guide you through the process of paying your fees with a credit, debit, or pre-paid card. Bank account withdrawals are also available when paying online. Once you are ready to submit your form, the system will automatically direct you to the secure Department of Treasury site, pay.gov, to pay your fees online. USCIS only uses pay.gov to process fees. Always check the website address before you pay. Beware of scam websites and scammers who may pretend to be a USCIS website. If You File by Mail If you mail your form to a USCIS Lockbox facility, you may pay your fees with a credit card. To do so, follow these steps: Complete and sign Form G-1450, Authorization for Credit Card Transactions. Place the form on top of your application, petition, or request. Mail the entire package to the appropriate USCIS Lockbox. If USCIS accepts your filing, USCIS will: Charge your credit card for the proper amount. Destroy your Form G-1450 to protect your credit card information (USCIS will destroy it even if USCIS rejects your filing and do not process your payment). You will see a charge from USCIS on your credit card statement.
  11. If you need more than one affidavit, fill out the entire form but leave the signature blank, then sign each copy and the original. It states in the directions that you can do this. Not having adequate income will not usually be a problem if you have a co-sponsor, according to experiences posted on the forums, as long as the co-sponsor has adequate income/assets. Be aware that the cosponsor must have enough income/assets for both your fiance, any fiance children that will\ be immigrating, and his/her own household. However, that IF the US fiance has been on welfare or other government benefits for a lifetime or has no plans to work actively, the consulate can still deny the visa based on the likelihood that the foreign fiance will become a public charge. Just having a co-sponsor may not be sufficient. An actual case has been documented wherein a fiance visa was denied because the petitioning fiance was on government benefits and would not be working, even though the US fiance had two co-sponsors. When assets are used, the assets must equal 5 times the difference between the annual income and the needed 125% of the poverty level, this is because the affidavit is in effect for 5 years. For instance, if you needed $15,500 income and had an annual income of $13,500, you would need an extra $2,000 of assets for 5 years, or a total of $10,000 in assets in addition to your income. In general, if you are deficient on yearly income for sponsorship and your assets are somewhat borderline, do not take chances--have a co-sponsor. If you do not have a job or a steady income from other sources (such as retirement income), you will likely have to get a co-sponsor for your spouse, even if your assets are adequate. The USCIS looks VERY CLOSELY at current income and not just the assets. While there are no specific income requirements listed in the I-134 form directions, you will be judged by the same criteria as the I-864 form requirements when they are issuing the visa at the foreign US consulate, so provide financial information for the I-134 with those guidelines in mind. Basically, your employer letter should state "To whom it may concern: (first name,last name) has been employed full-time with the XYZ Company since 200_ as a (name of your job), and is an employee in good standing with an annual salary of . Signed, John Doe, Supervisor (or whatever title)" The letter should be on company letterhead. Some foreign U.S. consulates require a 2nd affidavit of support which is called "sponsor's financial responsibility under the social security act." It is a simple form and easily filled out and signed. The Hong Kong consulate has may require this form. The foreign fiance's income can NOT be counted on either affidavit (except when the foreign fiance has been living with the fiance, married, and in the US for six months), however the foreign fiance's assets CAN be used if they are readily convertible into cash. The USCIS is concerned ONLY about the US fiance's income/assets. (Note that in other situations the foreign spouse's income MAY be counted on I-864 affidavit, such as foreigner in U.S. on work or student visa who marries and then files for adjustment of status. IF the foreign spouse has LIVED IN THE HOUSEHOLD of the U.S. spouse for at least 6 months, then his/her income CAN be counted. There are NO situations involving fiance visa in which foreign spouse's income can be counted, as far as I know, when interviewing for the fiance visa or when filing adjustment of status within 6 months of arrival in the US.) The US fiance is ALWAYS the primary sponsor, but may have a co-sponsor. If there is a co-sponsor, both the US fiance and the co-sponsor will EACH have to fill out the affidavit I-134 or I-864 and EACH will have to provide supporting documentation. NOTE: I-864 SPONSOR MOVES: FOR the I-864: If the sponsor or co-sponsor moves, the USCIS should be notified within 30 days via an I-865 form.
  12. Note: When filing for Adjustment of Status K1 and K3 Visa holders are required to submit their paperwork at this address. After the National office completes initial processing your case will be referred to your local CIS office where you will be interviewed for your permanent residency or be transferred to CSC. Prior to this the national office will send you communications requesting biometrics be taken and schedule an interview with you for this. To determine the amount of time it will take your local office to schedule your interview appointment refer to Processing Times page and click on USCIS District Processing Times link Download the Following Forms: 1. I-485 2. I-944 (no longer required as of March 9, 2021) 3. I-864 4. I-765 (optional) 5. I-131 (optional) 6. G-1145 (optional) The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov. Assembling the I-485 Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. Be sure to include the payment for both the I-485 and the biometrics fee*. >> The fee for I-485 applications includes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication). 2. Cover Page. This should include the applicants contact information, a description of the benefit being filed for ("Immediate Relative (Spouse) Family Based Adjustment of Status Application") and a table of contents listing the major items in the packet. If you need additional room to explain your case, attach a separate sheet and list the attachment on the cover sheet. Make sure to sign and date the cover sheet. 3. Form I-485: Petition for Alien Relative (note: use the non US Citizen spouse's married name on this form and list previous name/names) 4. Form I-944 (Declaration of Self-Sufficiency with applicable supporting documents) (no longer required as of March 9, 2021) 5. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps). 5a. Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport 6. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F ** K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130 7. Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form) 8. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English) 9. A copy of your marriage certificate. Note: While a regular copy is allowed, submitting a certified copy is preferred as some members have received an RFE asking for this (so if one is available use that instead). 10. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name and A# on the back using a soft felt tipped pen or pencil. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the I-485. 11. I-693, Medical Examination of Aliens Seeking Adjustment of Status.I-693, Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form (sealing the original in an envelope and giving you a copy). 12. I-864, Affidavit of Support (see poverty limits here) >> Include any additional required supporting documentation 13. I-765, Application for Employment Authorization, if you want to work while your application is processed (optional) >> Include any additional required supporting documentation or photos as well as payment as noted here. 14. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional) >> Include any additional required supporting documentation or photos as well as payment as noted here. * Fingerprint fee not needed for applicants under 14 ** Should this document be misplaced/lost/never received you can file an I-824 to receive a duplicate copy via mail. "Cover Page" Information: In the checklist above it is recommended that you include a Cover Page with your application. While this is optional, filing a cover page will help the USCIS understand what benefit your are applying for and specifically what items you have included in your package. Again, make sure the cover page includes: -- the applicants contact information (name, address, phone number) -- A description of the benefit you are applying for, (Immediate Relative (Spouse) Family Based Adjustment of Status Application) -- A table of contents listing the major items in your package (i.e. I-485 and evidence, I-765, I-131, etc) -- A line with the applicants signature and date I-944 (Declaration of Self-Sufficiency) Information: This form is required to be submitted with your I-485 for all applicants, and is in addition to the required I-864 (Affidavit of Support). The supporting documents list is lengthy and includes a tax transcript (not actual tax return) of the U.S. citizen, last foreign tax return filed by the fiancé, asset statements, certificates for any English courses taken, higher education verification, if applicable (including diplomas and equivalency evaluations), and several other onerous requirements. The most troublesome item is the requirement for a U.S. credit bureau credit report, or a letter from a credit bureau stating that no credit report is available. Since most recent immigrants will not have a credit record in the U.S., no credit report will be available, and the 3 credit bureaus have not been issuing letters stating no report is available. Our best advice at this point is to write a letter explaining why no credit report is available. You can find an example of this letter and an example filled out I-944 here. Attach "E-Notification" Form (Optional) Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received. Where to File Everything: Applicants are required to mail applications to this address (not your local USCIS office). Be sure to mail the package with return receipt requested / delivery confirmation. Send via USPS. IMPORTANT! Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence. After Filing: What Happens? I-485's can take anywhere from several months to several years to be approved depending on where you live (every local office has a different waiting period). This delay often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually get to your petition. In the mean time make sure your EAD for working is valid (renew when needed) and that you have an AP for any neccesary travel you have planned. Listed below are the main items that will happen while the beneficiary's I-485 is being processed. Employment Authorization and Advance Parole Processing If you filed for Employment Authorization and/or Advance Parole petitions are generally processed within 90 days of filing. During that wait the beneficiary (non-US Citizen Spouse) will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. Below are estimated waiting times for these benefits: Estimated EAD Processing Times Estimated AP Processing Times As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485). Biometrics Your beneficiary (non-US Citizen Spouse) will be required to have their biometrics taken as part of the I-485 processing (fingerprints and photos). The beneficiary will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. This can typically precede the interview date by up to 15 months, however it is usually much closer. Interview (in person) for Adjustment of Status Eventually most people (see exception below) will receive a letter from the CIS informing you of your interview date. It will include instructions on what to bring to the interview and any required items you may need to complete before hand. One of the most critical items requested will be "evidence of the relationship" which proves that your marriage is true and faithful (i.e. photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any, etc.). Also, it is important to bring the current passport of the beneficiary to the interview. The interview is fairly painless and may be video recorded and lasts between 15-30 minutes. If approved you will be mailed your "green-card" shortly after the interview date (weeks). Interview Exception. In some cases a beneficiary's Adjustment of Status case may be transfered to the California Service Center (possibly another location) where the CIS will attempt to complete processing without requirinig an "in person" interview. There is no particular way to know if this will happen to your case however if this does happen then you will not be required to attend an interview in person. If the I-485 is approved the beneficiary's green card will simply be mailed to them. NOTES: (1) It is possible that at your interview a tardy namecheck or FBI clearance may hold up a final "approval" of the I-485 after the interview. Permanent Resident status does not start until the case is *actually* approved, which may be a later date than the interview. The final issued green card will show the validity date. (2) If the beneficiary and petitioner have been married less than two years at the time the I-485 is approved then the beneficiary will receive what is called a "conditional" legal permanent residence. This simply means that the beneficiary will have to renew his/her greencard 2 years from the date it was originally "issued" by filing an I-751 to remove conditional status. When filing this form you will need to again show proof of your valid and ongoing marriage.
  13. This information is for United States (U.S.) citizens and lawful permanent residents who wish to petition for or "sponsor" their child to live permanently in the U.S. Please note that "child" has a specific definition when used in immigration. You can review this definition here. The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is defined as being unmarried and under 21, whereas if a person is married and/or over 21, that person is defined as a “son” or “daughter”. Eligibility Requirements If you are a... You may petition for... U.S. citizen Children (unmarried and under 21) Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition. Married sons and daughters (any age) - Your son or daughter’s spouse and/or child(ren) may be included on this petition. Permanent resident (Green Card holder) Children (unmarried and under 21) - Your child’s child(ren) may be included on this petition. Unmarried sons and daughters (21 or over) - Your son or daughter’s child(ren) may be included on this petition. A more detailed description of who is considered a "child" in the immigration process is given below. If you or your child, son or daughter currently serves in the U.S. military, see the Military section of the USCIS website. Required Documentation Form I-130, Petition for Alien Relative (signed with proper fee) Evidence of your U.S. citizenship: A copy of your U.S. birth certificate OR A copy of your unexpired U.S. passport OR A copy of Consular Report of Birth Abroad OR A copy of your naturalization certificate OR A copy of your certificate of citizenship If you are a permanent resident, you must demonstrate your status with: A copy (front and back) of Form I-551 (Green Card) OR A copy of your foreign passport bearing a stamp showing temporary evidence of permanent residence. If your name or your child’s name has changed, proof of legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.) Proof of relationship (see chart below for case-specific requirements) If you are the... You must also submit... Genetic mother or a non-genetic legal gestational mother A copy of your child’s birth certificate issued by civil authorities Genetic father A copy of your child’s birth certificate issued by civil authorities A copy of your marriage certificate to the child’s or a genetic or legal gestational mother If you and/or the genetic or legal gestational mother are no longer married, you must also submit evidence of the legal termination of that marriage through death, divorce, or annulment. If you never married the child’s mother before the child turned 18: If the law of your or your child’s residence considers the child legitimated, you do not need to provide additional information If your child is not legitimated under the law, you must submit evidence that you established a bona fide father-child relationship prior to the child turning 21 or marrying. This should be evidence of emotional and/or financial involvement in the child’s life. Step-parent (step-mother or step-father) A copy of your step-child’s birth certificate issued by civil authorities A copy of your civil marriage certificate to your step-child’s genetic or legal gestational parent Proof of the legal termination of all previous marriages for you and/or the genetic parent or legal gestational mother (divorce decree, death certificate, annulment decree) Adoptive parent (adoptive mother or adoptive father) Copy of child’s original birth certificate Copy of the final adoption decree Evidence that you had 2 years of legal custody (this could have been awarded by a court prior to the final adoption decree) Evidence that you had 2 years of physical custody (this means time during which the child was living with you and you were exercising primary parental control) Filing for Your Relative Who Lives in the United States If you are a... Then... U.S. citizen petitioning for your child (unmarried and under 21) Your child may file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time that you file Form I-130 U.S. citizen petitioning for your son or daughter (married and/or 21 or over) You file Form I-130. Your son or daughter files Form I-485 when a visa becomes available. See the Visa Bulletin and Green Card pages. Permanent resident (Green Card holder) petitioning for your child, son, or daughter You file Form I-130. Your child, son, or daughter may file Form I-485 when a visa becomes available. See the Visa Bulletin and Green Card pages. Filing for Your Relative Who Lives Outside the United States If your child, son, or daughter is outside the United States, you file Form I-130. The petition will be sent for consular processing after it is approved and a visa is available. The U.S. Embassy or consulate will provide notification and processing information. Conditional Residence and Removing Conditions If you are petitioning for a step-child and have not been married to the child’s genetic parent genetic or legal gestational mother for 2 years at the time the child receives permanent residence, the child will be granted conditional permanent resident (CPR) status. Form I-751, Petition to Remove the Conditions on Residence is used to remove the conditional basis of permanent residence. (Note that Form I-90, Application to Replace Permanent Resident Card is NOT used for this purpose.) If your spouse and child became CPRs at the same time or within 90 days, the child can be included in your spouse’s petition. If the child became a permanent resident more than 90 days after your spouse, the child will need to file a separate Form I-751. Form I-751 must be filed within the 90-day period prior to the expiration date on the conditional resident card. If you fail to file during this time, your spouse and/or your child’s status will be terminated and they may be subject to removal from the United States. Who Is Considered To Be a "Child" in the Immigration Process? For immigration purposes, a child can be any of the following: A genetic child born in wedlock A genetic child born out of wedlock: If the mother is petitioning, no legitimation is required. If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence. If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried. A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth. A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18 An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the Adoption-Based Family Petition Process or Adoption-Based Form I-130 Process page apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the orphan or Hague processes. If you are considering pursuing the Adoption-Based Form I-130 Process, you should review certain eligibility considerations. See the Adoption pages for more information. Check the Status of Your Visa Petition To check the status of your visa petition, see the My Case Status page. Can my child come to the United States to live while the visa petition is pending? If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page. If you are a lawful permanent resident (Green Card holder) and you have filed Form I-130 for your child on or before December 21, 2000, your child may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the V Nonimmigrant Visas page. For more information, visit the Adjustment of Status within the United States page and Consular Processing overseas page. My Petition was Denied: Can I Appeal? If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal may be sent to the Board of Immigration Appeals. Following-to-Join Benefits This section is for beneficiaries who became permanent residents through a preference classification. If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa. Your spouse and/or children may be eligible for following-to-join benefits if: The relationship existed at the time you became a permanent resident and still exists, AND You received an immigrant visa or adjusted status in a preference category. If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following: Form I-824, Application for Action on an Approved Application or Petition A copy of the original application or petition that you used to apply for immigrant status A copy of Form I-797, Notice of Action, for the original application or petition A copy of your Form I-551 (Green Card) If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485. If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Send your inquiry by e-mail to NVCInquiry@state.gov or by writing to the National Visa Center, ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.
  14. This information is for United Stated (U.S.) citizens and lawful permanent residents who wish to bring their child(ren) to live permanently in the U.S. NOTE: If you are a US CItizen filing for a K1 or K3 Visa for your non-US fiance/spouse, and they have children, then they may bring them here under a K2/K3 Visa. The children automatically qualify fro the K2/K3 visa as derivitive status of their mom's K1/K3 status (you need only petition for your fiance/wife and list the children on that petition in the relavent blanks). Definition of a Child The immigration law defines a 'child' as an unmarried person under the age of 21 (a minor) who is A child born to parents who are married to each other (born in wedlock) A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18 A child born out of wedlock (the parents were not married at the time the child was born). Note: If the father is filing the petition, proof of a bona fide (real and established) relationship with the father must be supplied. An adopted child if the child was adopted before the age of 16 and has lived with the adoptive parent(s) in their legal custody for at least two years An orphan under the age of 16 when an adoptive or prospective adoptive parent files a visa petition on his or her behalf, who has been adopted abroad by a U.S. citizen or is coming to the U.S. for adoption by a U.S. citizen, or A child adopted who is under the age of 18 and the natural sibling of an orphan or adopted child under the age of 16, if adopted with or after the sibling. The child must also otherwise fit the definition of orphan or adopted child Definition of a Son or Daughter An unmarried 'son or daughter' is a person who was once a 'child' but who is now 21 years of age or older. A 'married son or daughter' is a person who has a recognized parent-child relationship, but who is also married, regardless of age. Overview of Immigration Process A legal immigrant (or 'lawful permanent resident') is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your child or son or daughter to become a legal immigrant. 1. You must obtain USCIS approval of an immigrant visa petition that you file for your child, son or daughter. 2. The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required. 3. If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485. What Does the Law Say? The Immigration and Nationality Act is the law that governs the admission of all immigrants to the United States. For the part of the law concerning immigrant status for children, sons, and daughters, please see INA § 202, INA § 203 and INA § 204. The specific eligibility requirements and procedures for qualifying for immigrant visas and permanent residence are included in the Code of Federal Regulations (CFR) at 8 CFR § 204.1, 8 CFR § 204.2, 8 CFR § 204.3 , and 8 CFR § 245. Who is Eligible to Be a Sponsor? A U.S. citizen may petition for: A child (unmarried and under 21 years of age) An unmarried son or daughter ( 21 years of age and older) A married son or daughter of any age A U.S. citizen's unmarried, minor child is considered an immediate relative, does not need a visa number, and is eligible to receive an immigrant visa immediately. Otherwise, sons and daughters of U.S. citizens will be eligible for a visa when their priority date is listed on the Department of State's Visa Bulletin . If your unmarried, minor child was admitted or paroled into the U.S., he or she may file the Form I-485, Application to Register for Permanent Residence or Adjust Status, at the time you file your Form I-130, Petition for Alien Relative. A lawful permanent resident may petition for: A child (unmarried and under 21 years of age) An unmarried son or daughter ( 21 years of age and older) A lawful permanent resident may not petition for a married son or daughter. If you had children before you became a permanent resident and you did not immigrate as an immediate relative of a U.S. citizen, your unmarried, minor children may be eligible to receive following-to-join benefits. This means that you do not have to submit a separate USCIS Form I-130 (Petition for Alien Relative) for your children, and your children will not have to wait any extra time for a visa number to become available. See the Petitioning Procedures for more information on following-to-join benefits. Otherwise, children of LPRs will be eligible for a visa when their priority date is listed on the Department of State Visa Bulletin. How Do I File the Petition? To petition for your child, son, or daughter to live in the United States permanently you should file a form I-130, Petition for Alien Relative. To find out how to file this petition, please see Petitioning Procedures, which will help you identify what you need to do. How Can I Check the Status of My Visa Petition? To check the status of your visa petition, you can check the processing times for the location you filed. Can Anyone Help Me? If advice is needed, you may contact the USCIS District Office near your home for a list of community-based, non-profit organizations that may be able to help you in applying for an immigration benefit. Note: For complete and always up to date information we always recommend you visit www.uscis.gov.
  15. This information is for a United States (U.S.) citizen, who is at least 21 years of age, who wishes to petition for his or her brother or sister to live permanently in the U.S.. Lawful permanent residents are not eligible to petition for a brother or sister. Eligibility To petition to bring your sibling (brother or sister) to live in the United States as a green card holder, you must be a U.S. citizen and at least 21 years of age. Permanent residents may not petition to bring siblings to live permanently in the United States. Required Documentation To successfully complete the process, the U.S. citizen petitioner (i.e. the sponsor) must submit: A completed Form I-130. (Note: You do not need to file a separate Form I-130 for your sibling’s spouse or unmarried children under 21 years of age.) A copy of your birth certificate and a copy of your sibling's birth certificate showing that you have at least one common parent. Evidence that you are a U.S. citizen, such as: A copy of your valid U.S. passport, OR A copy of your U.S. birth certificate, OR A copy of Consular Report of Birth Abroad, OR A copy of your naturalization certificate, OR A copy of your certificate of citizenship Additional Documentation for Siblings through Adoption, Step Parents or Paternal Half-Siblings If you and your sibling are related through adoption, please also submit: A copy of the adoption decree(s) showing that the adoption took place before you or your sibling (the adopted child) became 16 years old. If you and your sibling are related through a step-parent, please also submit: Copies of documents showing that any prior marriage(s) of the natural parent and/or step-parent were legally terminated, AND A copy of the marriage certificate of the step-parent to the natural parent (age restrictions for meeting definition of step-child apply) If you and your sibling have a common (biological) father but different mothers (i.e. you are paternal half-siblings), please also submit: Copies of the marriage certificates of the father to each mother, AND Copies of documents showing that any prior marriages of either your father or mothers were legally terminated. Note: If your name or your sibling’s name has changed, please include proof of the legal name change (may include marriage certificate, divorce decree, adoption decree, court judgment of name change, etc.) Case Status To check the status of your visa petition, see the My Case Status page. Can my sibling come to the United States to live while the visa petition is pending? There is no avenue for your sibling to enter the United States prior to immigration on the basis of a pending Form I-130. In most instances, the beneficiary of a pending or approved immigrant visa will not be eligible for a nonimmigrant visa, although certain exceptions may apply. For more information, see the Adjustment of Status and Consular Processing pages. My Petition was Denied: Can I Appeal? If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals. Following-to-Join Benefits This section is for beneficiaries who became permanent residents through a preference classification. If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa. Your spouse and/or children may be eligible for following-to-join benefits if: The relationship existed at the time you became a permanent resident and still exists, AND You received an immigrant visa or adjusted status in a preference category If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following: A completed Form I-824, Application for Action on an Approved Application or Petition A copy of the original application or petition that you used to apply for immigrant status A copy of Form I-797, Notice of Action, for the original application or petition A copy of your Form I-551 (green card) If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your spouse and/or child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation. If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Send your inquiry by e-mail to NVCInquiry@state.gov or by writing to: National Visa Center, ATTN: WC 32 Rochester Ave. Portsmouth, NH 03801-2909
  16. NOTE: For an overview of the entire K-1 Fiance Visa process, please see the K-1 Fiance Visa Flowchart. What is a K-1 Fiance Visa? A K-1 Visa (also known as a Fiance Visa) is a nonimmigrant visa Visa issued to the fiancé(e) of a United States citizen. The K-1 Visa allows the visa holder to enter the United States for up to 90 days during which time they may get married and file for Adjustment of Status (to obtain a "green card" and become a Legal Permanent Resident of the US). After filing for Adjustment of Status they may reside in the US beyond the 90 day K-1 Visa validity while their Adjustment of Status application is processed. While the K-1 Visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States Embassies and Consulates worldwide. If the non US Citizen fiancé(e) has a child (under 21 and unmarried), a K-2 non-immigrant visa may be available to him or her. Be sure to include the names of the children on the I-129F petition. Who is Eligible to File? U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years prior beginning the K-1 Visa petition process (filing the I-129F). This requirement can be waived only if meeting the non US Citizen's fiancé(e) in person would violate long-established customs, or if it would create extreme hardship on the US Citizen. Forms Needed to File for a K-1 Fiance Visa: 1. I-129F 2. G-1145 (optional) The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov. Assembling the I-129F Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Letter (see example). Should include a description of what your are petitioning for (I-129F), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet. 3. Form I-129F: Petition for Alien Fiance (see example) 4. Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1. (see example) 5. Proof of having met in past two years. To organize this information you can create a single typed page with the following elements: (1) Title the page 'Evidence of In-Person Meeting in the last 2 years'; (2) A description of how you met (same as you stated in Part 2 Question 53-54 of your I-129F); (3) A list of the evidence you are providing; (4) Your printed name, signature and date. Following this declaration page, provide the evidence you listed (click here for examples). 6. One passport-type photo (see specification) of the US Citizen. Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of <Insert US Citizen's Name>". Attach the bag to a sheet of paper and place behind the corresponding I-129F. 7. One passport-type photo (see specification) of the foreign fiance. Write the full name of the foreign fiance on the back. Place in a plastic bag and label the bag "Photo of (insert foreign fiance name) ". Attach the bag to a sheet of paper and place behind the corresponding I-129F. 8. Copy of the Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport issued with a validity of at least 5 years or a copy of the US Citizen's naturalization certificate (front and back). This is used to establish citizenship. 9. Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact. 10. Proof of Legal Name Change if either the US Citizen and/or foreign fiance is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order. 11. In regards to Part 3 of the I-129F, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA). See Part 3 of the I-129F instructions for more information. Documentary Proof of Having Met in Person in the Past Two Years and an Ongoing Relationship: Use as many of these items are possible. There is no minimum, but the more you can provide the less likely you are that you will receive an RFE. Additionally, please note that providing proof of your ongoing and genuine relationship in this package may benefit you by allowing the consulate to have access to this information prior to them formally contacting the non US Citizen fiance. Many high risk consulates approach cases with a skeptical eye and providing this information early on in the original I-129F package will help them in their preliminary review of your case. 1. Copies of all airline boarding passes, train passes, itineraries, hotel receipts, passport stamps (make sure you can read the dates on the stamps), and other documentary evidence that you have met within the last two years. You may want to highlight or place post-it notes indicating the dates and locations on the copies (to make the adjudication easier) for the person reviewing your file. 2. Color Photo's of you and your fiance together. Make sure you write your names, date, and location on the back of every photo. Provide two to five photo's. If you only have a single copy of the photo, then make a color copy and send that. If it is a digital photo, have it printed at a local photo store such as Walgreens (if at all possible) or if not on a high quality printer. Place photo's in a plastic bag or photo sheet and label the sheet. Note that you may not receive originals of photo's back. 3. The following items will not typically show proof of having met in the last two years however will show proof of an ongoing relationship: Copies of land line and cell phone bills, appropriate letters and emails, stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!) Mail the I-129F Package to the USCIS You should mail the completed form(s) to the USCIS address here. Mail the package with return receipt requested / delivery confirmation. Send via USPS. IMPORTANT! Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence. Create a VJ Timeline Estimate processing time and approval date: Creating a VJ Timeline will allow you to track your case and will generate an estimated approval date for your petition. You can always gain access to many other tools to help you plan how long your Visa Journey will take! What to send to your fiance once the I-129F is approved (Receive NOA2): 1. A copy of the entire I-129f package (that you made when you sent the petition in) and a copy of information that you sent back due to an RFE (if you received one). Your fiance should review this information in advance of the interview (the embassy will have copies of this as well). 2. Send copies of the documentary proof that you submitted with the I-129F for your fiance to have on hand for their interview at the embassy. Your fiance should review this information in advance of the interview (the embassy will have copies of this as well). 3. Send an original letter affirming your desire to marry your fiance and your continued support of the K-1 Visa. Sign and date the form. This will be similar to the letter you provided with the I-129F, but dated much closer to the interview (it will have most likely been several months since you submitted your I-129F). 4. I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all. 5. You will need several items (for the above form). Gather duplicate evidence of income and resources as appropriate: (A) Statement from an officer of the bank/financial institution with your deposits, identifying the following: 1. date account opened; 2. total amount deposited for the past year; 3. present balance (B) Statement(s) from your employer on business stationary showing: 1. Date and nature of employment; 2. salary paid; 3. whether position is temporary or permanent (also include copies of your last two pay stubs and your previous W-2 for the associated employer if available) (C) If Self Employed: 1. Copy of last income tax return filed (or IRS transcripts); or 2. report of commercial rating concern (D) List containing serial numbers and denominations of bonds and name of record owner(s). Begin collecting these ASAP after your NOA2 arrives. See this FAQ for more tips and useful information on the Affidavit of Support Form. 6. A copy of the NOA2 that you received in the mail. (backup information; the embassy will have copies of this as well) 7. Proof of your ongoing relationship. This needs to be taken to the interview! Include photos, travel documents, emails, online chat logs (pick several over the prior few months), etc.. from between the time you filed and present (NOA1 until date-now). Examples: Copies of land line and cell phone bills, appropriate emails and letters you have sent including the stamps on envelopes (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!) NOTE: Tip Regarding Vaccination Records The K-1/2 beneficiary will be required by the embassy to have a "medical" done prior to the visa interview. Part of this interview will require that previous vaccinations are documented and potentially additional required vaccinations performed. Once this is complete the doctor will note this on a DS-3025 form that will be sent to the embassy. During the medical appointment request an official copy of the vaccination records from the physician (or a copy of the completed DS-3025 if they will give it to you) as this will be helpful to have on hand in the future (specifically it can be helpful when filing for Adjustment of Status if your DS-3025 form is not available). After the K-1 Fiance Visa is Approved: Upon entering the US on a K-1 Visa, the visa holder must get married to the original I-129F sponsor (for the K-1 Visa) within 90 days. If the marriage does not take place within 90 days or the K-1 Visa holder marries someone other than the original US Citizen who petitioned for them, the K-1 Visa holder will be required to leave the United States. Until the marriage takes place, the K-1 visa holder is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A K-1 Visa holder can not obtain an extension of the 90-day time limit. If the K-1 Visa holder intends to live and work permanently in the United States they should apply to become a permanent resident after the marriage. Please note, K-1 Visa holder will receive a "green card" and conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time the Adjustment of Status application is processed. Note: A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and an Electronic I-94 is issued upon entry and becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)
  17. This wiki will help guide you through the NVC stage, specifically for IR-1/CR-1 applicants and their derivatives. Along with this wiki, please read all official instructions. This wiki is merely to help you out and doesn't replace any legal advice. Please note: all mentioned time frames are just estimates. Do NOT freak out if your case takes a little bit longer. The time frames are constantly changing. They also depend on NVC's work load for that day/week. If you see anything that needs updating: please send me a PM letting me know and I'll edit the wiki to reflect the change. Useful Information NVC's website can be found here [1] and should be read in conjunction with this wiki. Work Hours NVC only works Mondays to Fridays. They do NOT work on Saturdays, Sundays, or US National Holidays. And despite what you may see or hear, they unlikely work any overtime. And keep in mind, emails are automated and delayed. So, if you receive an email on the weekend, it does NOT mean they are actually working on the weekend. It's normal for it to take awhile to receive emails from NVC. Phone Number NVC - 603-334-0700 [HOURS: 7am - 12am EST, M-F] Menu For non-immigrant cases, call 603-334-0888 Press 1, for English Press 2, for Spanish After pressing 1 for English, the options are: 1, to verify priority date 2, to establish an agent, request fee bill or invoice number 3, to verify that they received your mail 4, to confirm date and time of interview 5, to update your mailing address, phone number, email address 6, if your case is at a US embassy or consulate overseas 7, for all other questions Note: Either the petitioner or beneficiary can call NVC. Both are able to at this stage. Just make sure you have both names, dates of birth, as well as the USCIS receipt number (or NVC case number once it's assigned) on hand before calling. Email Addresses asknvc@state.gov - to email questions NVCElectronic@state.gov - to email scanned packages for EP NVCExpedite@state.gov - to email expedite requests Links Eligibility for Electronic Processing [2] NVC for Montreal Beneficiaries - Electronic Processing and New Online Forms [3] NVC Electronic Processing [4] [note: if doing EP in China, only enroll AFTER the invoicing of the AOS bill] Thread on Ryan H's EP Experience through China [5] Online Forms Portal (to fill out DS-261 and DS-260) [6] Payment Portal [7] Free Passport Photos [8] Overview of NVC Process To view a (NEW!!) flowchart of the below overview, you can find one I put together here [9] -get case number and IIN, give email addresses over -complete the online DS-261 -pay the AOS bill, once it's invoiced -pay the IV bill, once it's invoiced -complete the online DS-260 -submit both packages together -respond to any checklists, if applicable -get case complete -get interview date scheduled -case is sent to embassy/consulate Step 1 - Case Number Once your I-130 has been approved from USCIS, it will be sent to NVC (a part of the Department of State). Depending what service center the I-130 is coming from, this can take anywhere from a few business days to a few weeks. You may or may not get an email from USCIS/update on their website stating when it was sent. You won't get correspondence from NVC when they receive your case from USCIS. You need to call an operator at NVC to find this out. Once NVC does receive your case, it's currently taking around 3 weeks for a case number to be assigned.. If you'd like to stay on top of things, it's best to call about once a week after your NOA2 to see if NVC has received your case. Once they do have your case and about 2-3 weeks have passed since then, increase your calls to about 2-3 times a week (or even more if you wish) until you get a case number assigned. Note: if your case doesn't arrive at NVC in a timely manner (timely manner being the current wait time), VJ member tokinaija suggests: "Call USCIS, and specifically request to be connected to a Tier 2 supervisor (bypassing the contract customer reps). When connected to a Tier 2 representative, request that you want confirmation that your approved case has been physically shipped to NVC. In amenable words, request for the specific date that the package was shipped. If you are lucky, you will get someone who would take the time to confirm this for you." Once a case number is assigned, get that number along with the IIN (Invoice Identification Number) from the operator. If the operator doesn't want to give over the IIN (some operators are finicky), then just call back up later and try again. And don't worry about the BIN (Beneficiary Identification Number) as it's no longer needed. You only need the case number and IIN. At the same time, you can give over both the petitioner's and beneficiary's email addresses. By doing this, ALL correspondence (initial information package, invoices, instructions, interview letter, checklists, etc) from NVC will be sent through email. This does not necessarily mean that YOU can send THEM information by email though. Only those eligible for EP (electronic processing) can email the AOS and IV packages (link to eligibility in the first section, under links). Note: there is a difference between EP and online forms. Online forms are just that, online forms. The DS-261 and DS-260 are NOT part of electronic processing. Electronic processing (EP) is emailing in documents. Not everyone can do this yet. You still have to be eligible for EP before emailing in packages. The link to see who's eligible is in the first section, under links. Everyone though (regardless of country) is required to fill out the online forms (DS-261 and DS-260). How to Find Out WHEN Your Case Number was Assigned For those that don't call every single day and want to know exactly what date their case number was assigned, there's an easy way to find out that simply involves looking at your case number. The first three letters are the three-letter consulate/embassy code. The next four numbers are the year the case number was assigned. The next three numbers are the Julian date it was assigned, plus 500. And finally, the last three numbers are the sequential order of when it was assigned that date. You can find a chart with Julian dates here [10]. For example: MTL2014815162. Let's put some lines in to divide it up. So: MTL|2014|815|162. This means that this case is going through Montreal and the number was assigned on November 11th, 2014, and it was the 162nd case that day to be assigned a number. Step 2 - Submit DS-261 The DS-261 replaces the old DS-3032 (Choice of Agent form) and is filed by the beneficiary. You'll have to wait for the DS-261 to become available on the online forms portal (link in the first section, under links). This is currently taking around a week or so from the case number being assigned. Once it's available, fill it out. It's exactly like the DS-3032, except online. If you wish to see screenshots of the DS-261, you can do so here: Saylin's DS-261 screenshots [11] (these are screenshots from 2011, but should still be the same, or at least similar). To go through all the screenshots, click on the 'next' button (there are 6 images in total). Please note: the BIN referenced in the screenshots are no longer required. On choosing an agent, most people select the petitioner as one. Although, to be honest, due to giving over both email addresses to an operator (and thus having NVC email all correspondence), this form has become moot as, no matter who is selected as agent, both of you will receive correspondence. Once you've submitted the DS-261, print out the confirmation page at the end. This is for your own records. Note: if needed, yes, the petitioner can file the DS-261 on behalf of the beneficiary. This is very common, especially due to the language barrier and/or no/low internet connection. Note: if you have a lawyer/attorney/legal representative from the I-130 petition, then they'll be automatically selected as agent for your case, thus by-passing the DS-261. This also means that the IV bill will be invoiced at or around the same time as the AOS bill. *Important note: Once you fill in the DS-261 and it shows as complete, do NOT go back into the DS-261 as it will re-set the date and start the clock all over again for ~30 business days. *Tip: if after a week of submitting the DS-261 and the IV fee hasn't been unlocked yet, you can try calling NVC and requesting they review the DS-261 over the phone. If the operator refuses to do so, try again until you get a nice operator that is willing to do so. Step 3 - Pay AOS Fee Currently, it's taking around a week or so from the case number being assigned for the AOS fee to be invoiced (about the same amount of time as the DS-261 to become available on the online forms portal). The AOS fee is $120 per case. If you have multiple cases joined at NVC, then you'll only have to pay ONE fee for all of them. For the IV fee though, you'll have to pay for each applicant. The fee has to be paid with a US banking account on the payment portal (site linked in first section, under links). See information here [12] about paying both online or, if you choose to do so, through mail. Note: if you're getting an error message ("Please be advised that the case that you have attempted to access is not eligible for further processing by the National Visa Center at this time…" or "This case is in the process of termination. Fee payments and online forms can no longer be accepted…" or "You cannot make online payments for your case at this time. Please contact the NVC if you have questions or need further information."), do NOT panic. This is actually good news! If you just got your case number, then this message means NVC is inputting your case in their system. If you get this message a few days after case number generation, then it's a good possibility that NVC is invoicing your AOS bill. And if this message appears a few days after DS-261 acceptance, then there's a good chance the IV bill is being invoiced. Step 4 - Pay IV Fee A few weeks after after you complete the DS-261, NVC will accept and add it to your case file. A few days after that, the IV bill will be invoiced and available to pay on the payment portal. You won't get an email of acceptance, so you need to call to find out when it's been accepted and added to the case file. The IV fee is $325 per applicant. The fee has to be paid with a US banking account on the payment portal (site linked in first section, under links). See information here [13] about paying both online or, if you choose to do so, through mail. Note: if you're getting an error message ("Please be advised that the case that you have attempted to access is not eligible for further processing by the National Visa Center at this time…" or "This case is in the process of termination. Fee payments and online forms can no longer be accepted…" or "You cannot make online payments for your case at this time. Please contact the NVC if you have questions or need further information."), do NOT panic. This is actually good news! If you just got your case number, then this message means NVC is inputting your case in their system. If you get this message a few days after case number generation, then it's a good possibility that NVC is invoicing your AOS bill. And if this message appears a few days after DS-261 acceptance, then there's a good chance the IV bill is being invoiced. Step 5 - Submit DS-260 The DS-260 replaces the old DS-230. As before, you will still submit the IV package, just without the DS-230. The DS-260 will be done online. It's only available once the IV appears as PAID in the payment portal. Like the DS-261, it'll be on the online forms portal (link in first section). Note: depending on how prepared you are, the DS-260 can take a few hours. You can always save and return, if you wish; it doesn't need to be all done in one sitting. But, it'll take an hour at the least (30 minutes maybe if you're really fast). My suggestion is to have a DS-230 pre-filled out (found here [14]) and that way you can just copy over the answers. This will shave off quite some time if you prepare ahead. But be warned, there are some differences between the DS-230 and DS-260 where the DS-260 asks for more information. You can view screenshots (and thus the differences) here [15] from when it was first released back in 2010. NVC also has a page with DS-260 screenshots (from October 2013) found here [16]. As with the DS-261, print out the confirmation page at the end. But make sure to bring this one to the interview as NVC states it's required. Note: if needed, yes, the petitioner can file the DS-260 on behalf of the beneficiary. This is very common, especially due to the language barrier and/or no/low internet connection. How to answer the vaccinations question: Since there are some people having issues with answering this question, I thought it'd be good to explain it a little further as there's not just one right answer. If you have your vaccinations AND the record to prove it, then just explain that. If you don't have the vaccines and/or the record to show it, then again, just explain that, and add everything will be done at (or before) the medical. People are over-thinking this question when you really shouldn't be. Just answer honestly. Step 6 - Gather AOS Package The AOS package is all about the petitioner and whether or not they can financially support the intending immigrant(s). Don't forget, it's highly recommended you write your case number on the top right of ALL documents (except the bar-coded cover sheet and the cover letter). This is in case NVC misplaces one of your documents. If it has the case number written on it, it has a much better chance of being reunited with the case. Note: it is currently normal for it to show as N/A under affidavit of support documents and civil documents on the CEAC site. It's assumed NVC will use this feature in the future, but currently doesn't display anything. Note: for petitioners living and working abroad, put $0 for the question on current income (unless your income will continue, then put the amount). In either case, include an employment letter with all the details and if your job will NOT continue, make sure it is stated as such in the letter. It'd also be a good idea to mention this in the cover letter. Generally, the following is needed: With no joint sponsors: -Bar-coded cover sheet from payment portal -Cover letter (optional) You can find a sample cover letter I wrote here [17] -Original completed, signed, and dated I-864 form by petitioner -Tax information^^ of petitioner (either just the last year OR the last 3 years) -Employment letter of petitioner (optional, but good proof of CURRENT income) -Pay stub(s) of petitioner (optional, but good proof of CURRENT income) With joint sponsors: -All of the above of the petitioner -Original completed, signed, and dated I-864 of joint sponsor -Tax information^^ of joint sponsor (either just the last year OR the last 3 years) -Proof of US citizenship/residency of joint sponsor (ex: copy of US passport, US birth certificate, US naturalization certificate, or front & back of green card) -Employment letter of joint sponsor (optional, but good proof of CURRENT income) -Pay stub(s) of joint sponsor (optional, but good proof of CURRENT income) ^^You have two choices here of what to send in: - Tax return transcripts ordered from IRS (preferred by NVC and of most consulates/embassies) RECOMMENDED OR - Tax returns (1040), W2s, 1099s, and any other schedules/worksheets (if applicable) Note: If you haven't filed this year's taxes yet and filed for an extension instead, you can submit the tax extension letter in lieu of an entire tax return or tax transcript. Please be warned though, the consulate/embassy may request for this year's taxes to be filed despite applying for an extension. Which I-864 Form to Use If you look at the USCIS website, there are a multitude of I-864 forms listed: I-864, I-864EZ, I-864A, I-864W, and even I-864P. The I-864 is the most common of the forms used. This is what petitioners and joint sponsors use. The I-864EZ has three different criteria points that need to be met before a petitioner can use it. Remember, if you do meet all the criteria, it doesn't mean you have to use it; you can still use the I-864 if you wish. But, since the I-864EZ is shorter (and thus easier) to fill out, if you can use it, I suggest it as there's lower chances of messing up and getting a checklist. The I-864A is used for household members of sponsors. Typically, the only time I recommend using the I-864A is for spouses of joint sponsors who are deciding to contribute their income as well. So, in these cases, the petitioner would file an I-864, the main joint sponsor would file an I-864 as well, and then the joint sponsor's spouse would file an I-864A. The I-864W is rarely used. The only time I see it used is for children immigrating (with one of their parents) who will become US citizens upon POE. Please read the I-864W and its instructions for more information. The I-864P, which really isn't a form, is the poverty guidelines and is used to see how much income is needed for different household sizes. Domicile Please note, if the petitioner lives with the beneficiary abroad, you'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable, of course, to prove that you have, or will re-establish, domicile in the US): NAME SOCIAL SECURITY NUMBER Form I-864 Part 4, Question 5: Country of Domicile I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principal residence is in the US and the steps that I have taken to return to the US with my family. Steps I have taken to maintain US Domicile: • Maintained my XXXX voter registration • Maintained my XXXX credit card registered in the US with a US PO box • Maintained my bank account at the XXXX Credit Union • Maintained my bank account at XXXX Bank • Maintained my XXXX drivers license • Maintained my US retirement fund through XXXX • Maintained my US investment account with XXXX • Maintained my US PO box • Maintained licensure by the XXXX • Maintained membership in the XXXX • Maintained my automobile in care of my parents Supporting Documents for the above steps I have taken: • Voter registration card showing permanent US address • XXXX credit card statement showing US billing address • XXXX Credit Union statement showing permanent US address • XXXX Bank statement showing permanent US address • XXXX drivers license showing permanent US address • Retirement fund statement showing permanent US address • Mutual fund statement showing permanent US address • XXXX license currently up to date • Renewal of XXXX membership • County tax bill showing I still own a vehicle Steps I have taken to return to the US to take up residence: • Made arrangements for us to have a house to live in • Contacted schools for requirements of things to bring to register my children in school • Contacted my auto insurance company to find out about re-instating my insurance on my car • Contacted shipping company for estimate of costs to ship belongings Supporting documents for the above steps I have taken: • Lease agreement for our house • Email from schools regarding registration requirements • Email from my former auto insurance company regarding my inquiry • Email from XXXX with estimate and correspondence regarding shipping our belongings I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US. I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct. Signature: ____________________________________________________ Date: ______________________ Step 7 - Gather IV Package The IV package is all about the beneficiary. Don't forget, it's highly recommended you write your case number on the top right of ALL documents (except the bar-coded cover sheet and the cover letter). The writing of the case number on documents is in case NVC misplaces one of them. If it has the case number written on it, it has a much better chance of being reunited with the case. Note: it is currently normal for it to show as N/A under affidavit of support documents and civil documents on the CEAC site. It's assumed NVC will use this feature in the future, but currently doesn't display anything. Generally, the following is needed: -Bar-coded cover sheet from payment portal -Cover letter (optional) You can find a sample cover letter I wrote here [18] -Copy of bio-data page of beneficiary's unexpired passport -Photocopy of beneficiary's birth certificate -Photocopy of marriage certificate -Photocopy of police certificate(s) Please read the link here [19] for additional documents if applicable (such as petitioner documents in IR-5 cases or divorce/military records or proof of permanent residency, etc). Also read the country-specific documents found here [20] (start typing the beneficiary's country in search box, choose it, then click 'Go'). There may be additional documents needed not listed above. The NVC is no longer asking for photos to be sent with your package, but they are required at the interview. -Two passport-style photographs (2" x 2") of beneficiary (on the back, write: beneficiary's full name, date of birth, and case number) Don’t forget: You’ll need to bring the original civil documents to the interview. Translations NVC's website states: "All documents not written 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 and submitted to the NVC. The translation must include a statement signed by the translator stating that the: -Translation is accurate, and -Translator is competent to translate." Despite this, I have seen cases of people getting checklists for not having translations of non-English documents. I'd suggest you get everything translated anyways to be on the safe side. It's not needed, but highly recommended. Additionally, embassies/consulates in some countries require translations of documents into English even though they are written in the official language of the country, so it's best to check with the embassy/consulate to see what document translation requirements are. Step 8 - Send in AOS and IV Packages Once both fees have been paid and you’ve collected everything, send both packages together to NVC. I suggest putting each package in a separate manila envelope (and clearly mark it and write "AOS" or "IV" on each one), then putting both manila envelopes inside one shipping envelope. The address to send the package can be found on the bar-coded cover sheet from the payment portal. And it doesn't matter where the package is sent from (either in the US or abroad). As long as NVC receives it, that's all they care about. Note: there may be two different addresses on each bar-coded cover sheet. Just pick one and send it there. It’s essentially the same address, just different departments. There’s absolutely no reason to stress about which address to choose as it’ll be directed to the correct department once it gets there. Step 9 - Review: Checklists and Case Complete It can take up to 60 calendar days to review packages. This INCLUDES checklists. So, this means 60 days to review the initial packages and, if you get a checklist, another 60 days to review that once they receive it. This is why it's important to make sure your packages are PERFECT before sending them off. You will not get an email if your packages have been accepted. You have to call NVC every day (or as often as you want) and ask for updates on your case to find out if a package has been reviewed and accepted. Note: if you're in the EP program, people have been getting acceptance emails, but don't ever rely on receiving emails from NVC. Call, call, call. If you call and an operator says they haven't received your package(s) yet (even though tracking says it was delivered), don't panic! Unfortunately, the package may not show up in the operator's system until the package has begun to be reviewed. At that point, it's entered in the system. So, don't fret. If your tracking says it arrived, it arrived. Avoiding Checklists Here are a few common checklist items I see all the time: Use the correct numbers on the I-864/I-864EZ for past year's incomes. As it states RIGHT IN THE QUESTION, if you filed a 1040 (or 1040A), then use total income, and if you filed a 1040EZ, then use adjusted gross income. If you filed jointly, then make sure you use the combined income (since it doesn't separate the incomes) and then submit W2s to show individual income. Although the I-864 instructions say if the answer is none or N/A, then to leave it blank, do NOT do this. I have seen countless people get checklists for leaving things blank, specifically the question asking for place of residence on the I-864EZ. Although it says to fill it out only if it's different from the mailing address, I have seen dozens and dozens of people getting checklists for leaving it blank. Make sure every single question has been filled out. I quite frequently see people get checklists for skipping a question. Please take your time reviewing the form. And make sure everything is dated and signed. After printing out the forms, double check again that everything is filled out properly. I've heard that sometimes after printing, a box that was checked on the computer gets unchecked after it's printed. If this happens to you, just check it off by hand. False vs. Real Checklists If you sent the packages, then get a checklist asking for one of the packages, just ignore it; it's a false checklist. Please understand that as soon as NVC reviews a package, they very frequently generate a checklist for the other package, without even checking if they have it in the building first. The only time a checklist is real (and not false) is if it asks for something very specific missing in a package (like a police certificate, for example). If it asks for something general, like the entire package, then you can assume it's false. Call up an operator at NVC to confirm either way. Case Complete There's currently a way to know (not 100% guaranteed though) if you have case complete by looking on the CEAC site. If the AOS fee changes from PAID to N/A, then I'd suggest calling NVC up pronto as most, if not all, people who have reported seeing this have a case complete. Although case complete emails used to be rare for non-EP folk, it's becoming more common (it might even be that everyone is getting them now). But, they're severely delayed (sometimes a week or more!), so do not rely on it (unless you're in no rush to find out). The fastest way to find out if your case is complete is to call an operator at NVC and ask. After the case is complete, the case is put in a queue to get an interview date scheduled. Warning: If you apply for an expedite, be warned that if you have any pending packages (re: not reviewed yet), then NVC may not go around digging for it when they forward your package off. If that's the case, then NVC should return the package to you once they do get to it, but it may be past the interview by then. So, you'll need to re-create the package to bring to the interview. So, if you want to apply for an expedite, it's best to do it BEFORE sending any packages. Step 10 - Interview Date The time frames for case complete to interview date scheduled vary by country and consulate/embassy. Some people find out within a day or two, others a few weeks, then the few unfortunate that wait a few months. To best way to get an estimate for your beneficiary's country is to search, using the timeline feature, when others got case completes and when they got their interview dates scheduled. To do this, go here [21] and choose the beneficiary country's from the drop-down (leave the service center drop-downs alone). Then, sort by interview date by clicking on the down arrow to the left of the 'Interview' column. There's no 'Case Complete' column (or even when the interview date was scheduled), so you'll have to open each individual member's timeline. This may sound like a lot of work, but if you want to get a good idea of estimates for your beneficiary's country, you'll crunch the numbers. Not only can the above be helpful, but if you join VJ member dwheels76's case complete/interview threads, you can wait along with others (and often others of the same country) to see when interview dates start getting assigned. The current thread is for April, found here [22]. She has her own spreadsheet (found here [23]) and if you want to be added, fill out the form here [24]. Once an interview date is scheduled, NVC will then ship out your case to the consulate/embassy. Typically, this is done the next day after the interview is scheduled, but it can take up to a week or more in rare cases. You can find out when NVC ships your case by simply calling and asking. After NVC Medical After you have the interview letter, you can schedule a medical. Note: there are a few countries (like the Philippines, for example) that allow advance medicals (ie: you can get the medical done as soon as you have the first piece of correspondence from NVC, instead of waiting for an interview date to be assigned). Check with your panel physician to see if they're one of the few. From NVC's website, you can find a list of FAQ on the medical here [25]. You can also find country-specific medical information here [26] (choose the three letter consulate/embassy code from the drop-down). Interview You can find country-specific interview information at NVC's website here [27] (choose the three letter consulate/embassy code from the drop-down). For an extensive list of possible interview questions, read this wiki here [28]. For ideas on proof of relationship evidence to bring to the interview, read this ENTIRE thread here [29] (don't just read the first page!). And you can also get some good ideas on how to organize everything for the interview if you read this thread here [30]. POE After you get approved at the interview, there is one more fee to pay. It's for the actual green card and the current cost is $165. You'll receive a letter about this at the interview, which you can read in advance here [31]. This fee can either be paid before or after POE, but it's recommended to do it before, so as not to cause any delays. It may also be possible to get a tracking number for the green card. Follow VJ member Darnell's advice: "Call USCIS, get a human, ask for the TRACKING NUMBER on the green card. Yes, such a thing exists, and they will give it to you when asked. Then call USPS and inquire for status. In the end, if USPS sent it back to USCIS, you'll need to call USCIS again, talk with an ISO about 'returned mail pieces', go over your address again on the telephone, and ask to have all returned mail pieces sent back to you." Extra: Tax Information Here are two frequently asked questions and my answers in regards to tax season: Do I have to file 2015 taxes before I can fill out the I-864 form? No. Up until April 18th, 2016 (tax deadline), you can still use 2014 as the most recent tax year. If for whatever reason you want to use 2015 as the most recent year instead (due to whatever reason), then yes, you can use 2015 as the most recent year as well. Both are valid options. Keep in mind though: if you submit 2014 tax information as the most recent year and your interview is scheduled after April 18th, then 2015 tax information will likely be required at the interview. As the petitioner, what filing status do I use for my tax returns? You have three options: married filing separately (MFS), married filing jointly (MFJ), or head of household (HOH). For HOH, there's some criteria you need to meet to be able to use this. Please see the IRS website for more information. For most people though, it's either between MFS or MFJ. Before I continue, I will say this once and only once: YOU CANNOT FILE SINGLE. If you are married, you are married. Doesn't matter where in the universe your spouse is, YOU ARE STILL MARRIED. You will be lying to the IRS if you file as single, and if caught, could cause serious issues. If you have already filed taxes, either this year or last, and were married, yet filed as single, amend your tax return ASAP. If at the time of the interview, there are tax return transcripts in the case file showing the petitioner filed as single, this can be a HUGE red flag. The CO will have to wonder why the petitioner filed as single when they're trying to get a spousal visa. In their eyes, your relationship can be seen as a fraud and could be reason for denial. For both MFS and MFJ, the petitioner will have to file a paper tax return. Electronic submissions won't be possible the first year. Filing MFS will probably be the easiest for most people as it doesn't require any extra documents from the foreign spouse, nor does it require their signature. On the tax return, where it asks for the spouse's SSN, you would put 'NRA' for Non-Resident Alien. Continue filling out the rest of the return as normal. That is all you have to do. (And if desired, once the spouse has immigrated to the US and has obtained a SSN, the petitioner can then amend their tax return to MFJ, to possibly get a bigger refund, but this isn't required.) Filing MFJ will typically mean a bigger refund up front, with no need to amend. This route takes a little more work though as the beneficiary will have to fill out a W7 (available on the IRS site), which requires a signature, and include document(s), so they can obtain a ITIN (it's like a SSN, but for the sole purpose of filing taxes, and is available for those not currently living in the US). This would then be included with the tax return, and sent to a special address for ITIN generation. For most countries, it may be hard to get the needed documents. (For Canada, it was uber easy, and this is how my husband did his taxes while I was still in Canada, waiting for my interview). Please view the instructions for the W7 form on the IRS website to see what documents will be needed. For more information, please read this page on IRS's website here [32].
  18. Canada - U.S. Consulates There are two consulates which process family based visas in Canada, Montreal and Vancouver. IR1/CR1/IR5 All IR1 /CR1 and IR5 visas will be processed/interview at Montreal. K Visas K visas are processed/interviewed at both Montreal and Vancouver, depending on your Province of Residence: Manitoba and West: Vancouver Ontario and East: Montreal Direct Consular Filing in Canada Direct Consular filing is available in Canada for exceptional circumstances only. Police Checks Inside Canada There are two types of police checks: Canada wide name check (Certificate of no conviction) Full fingerprint version (Certified Criminal Record Check) Canada-wide name check These can be obtained at your local police station or RCMP office. The name check only takes a week or two, sometimes they can be obtained on the spot. Prices for police checks vary from station to station. When requesting this service, inform the agent that you are seeking a Canada wide police check for immigration purposes. Important: It should note that the Canadian Police Information Centre (CPIC) or the national criminal records repository was searched using the applicant’s name and date of birth Note: If you obtain your police check from the RCMP please note that there is a difference between "Criminal Record Search" and "Canadian Police Certificate" both have been accepted. Full fingerprint version Applicants who have been convicted of a crime in Canada must contact their local RCMP office to obtain a “Certified Criminal Record Check,” which lists an applicant’s criminal history, indicating the section of the Canadian Criminal Code under which the applicant was charged, the disposition of the case, and the penalty imposed, if any. Obtaining a Certified Criminal Records Check requires submission of a fingerprint chart; the RCMP could take between two and twelve months to process a request for a Certified Criminal Record Check. See: RCMP or the Commissionaires Outside Canada Applicants who are not physically present in Canada must obtain a Certified Criminal Record Check by sending a duplicate set of fingerprints (taken by a local police force) to the RCMP. Visiting the U.S. while your visa application is pending Entry in to the U.S. is not technically prohibited while you are waiting for your visa to process. The final say on whether you will be admitted to the U.S. to visit during this period lies with the U.S. Border Protection at your port of entry. Visa applicants, generally, are expected to provide evidence that they are intending to return to their country of residence. Therefore, applicants should provide proof of “binding” or sufficient ties to their home country or permanent residence abroad. This may include documentation of the following: Property ownership (or rental agreement) Employment contract or statement from employer stating that the position will continue when the employee returns (expected date of return In some cases the visa applicant is not asked for this proof, however it can be requested at any time and it is advisable to carry this information with you when crossing the border. Some words of advice from VJ member flames9 1) Always tell the TRUTH. Never lie to the POE officer 2) Be confident in your replies 3) Keep your response short and to the point, don't tell your life story! 4) Look the POE officer in the eye when speaking to them. They are looking for people lying and have been trained to find them 5) Pack light! No job resumes with you. 6) Bring proof of ties to Canada (letter from employer showing when you are expected back at work, lease, etc etc) 7) Always be polite, being rude isn't going to get you anywhere, and could make things worse!! 😎 Have a plan in case you do get denied (be polite). It wont harm your visa application if you are denied, that is if you're polite and didn't lie! Refer to #1 Montreal Consulate Instructions: Return of Passports and Visas for Immigrant Visas Sign up for courier services (Loomis/DHL) to have your passport and package returned to you. Loomis 1. Register for courier services on this website, click on create an account. 2. Follow the steps and select “Permanently Immigrate to the United States - Register for Courier Services Only” Please note that all your family members applying for a visa should be registered. 3. Choose your Loomis branch 4. Print out the confirmation at the end of the process, you will be asked to show it in order to access the consulate the day of your appointment. *note* There is an extra fee to have the package delivered to your address but the shipping to the Loomis location closest to you is free. Interview Scheduling and Sign up for Non-Immigrant Visas Non-Immigrant Visa Vancouver Consulate Instructions: Return of Passports and Visas Passports will be returned by Loomis When registering an account on the CSC website to book your consulate interview, you are asked to select your local Loomis Courier branch. After issuing the Visa, the Consulate will send your Passport to this location, at which time Loomis contacts you to pick it up, or arrange for local delivery. Vancouver does not require you to register with Loomis beforehand, but Montreal does. Employment Insurance when immigrating to the U.S. Information on this can be found [here] Montreal IR1/CR1 Interview Letter Montreal Interview Letter for Immigrant Visa Applicants (CR1/IR1) as of September 2008 Other documents that accompany the interview letter Vancouver/Montreal K1 Visa Checklist (Packet 3)/Interview Letter (Packet 4) Direct link to Packet 3 on Vancouver consulate website: K1 & K3 Fact Sheets, and Packet 3 instructions list. Montreal Documents (Click document once to enlarge) Packet 3 Confirmation of Processing (Aug 2009) Packet 3 Checklist (Aug 2009) Packet 3 Instructions (Aug 2009): Page 1 Page 2 Page 3 Page 4 Packet 3 Photo Requirements Packet 4 (Oct 2009): Page 1 Page 2 Page 3 Packet 4 (Sep 2010): Page 1 Page 2 Page 3 Important notice Beginning October 22, 2008, all applicants applying for nonimmigrant (K) visas in Montreal must use the new DS-160 application form, which is accessible on https://ceac.state.gov/genniv/ After completing the new DS-160, the applicant will electronically submit the application and will be provided with a confirmation page that includes only limited biographical information and a bar code. Applicants must bring this confirmation page with them to their interview. Please note: if the online application has not been completed fully and properly the applicant’s case cannot be processed and a new interview appointment will be required. Medical Examinations for Immigrant and K visa applicants List of Panel Physicians in Canada Link Montreal Consulate Medical Information (Aug 2009): Page 1 Page 2 Page 3 (Click document once to enlarge) External links Montreal Supplement to instructions for Immigrant Visa Applicants Vancouver Consulate - Applying for a Visa in Vancouver Reciprocity Schedule - Dept. of State - Acceptable Canadian Documents (scroll to middle of page)
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