Us immigrant petition

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Immigrant Visa Information

FAQ

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Overview

In general, a person who wishes to immigrate to the United States must have a petition approved by the U.S. Citizenship and Immigration Services (USCIS) before applying for an immigrant visa. The petition is filed either by a relative or a potential employer at a USCIS office in the United States. Specific information about filing immigrant petitions is available on the USCIS website. An individual with an approved petition and a priority date that is current for processing is eligible to apply for an immigrant visa or K nonimmigrant visa.

Visa Lottery Notice

Important Notice Regarding the 2012 Diversity Visa Program

The results of the selection process for the 2012 Diversity Visa (DV-2012) program have been voided. Results previously available via the Entry Status Check (ESC) function on the Department of State website, dvlottery.state.gov, were posted in error and are now invalid. The results were not valid because of a computer error; they did not represent a fair, random selection of entrants, as required by U.S. law.

This means that we have rescinded all notices informing entrants that they had been selected for further processing in DV-2012; if you received such a notice via ESC on dvlottery.state.gov, it is no longer valid.

A new random selection process will be conducted based on the original entries for the DV-2012 program. If you submitted a qualified entry from October 5, 2010, to November 3, 2010, you do not need to reapply. Your entry will be included in the new random selection. Your confirmation number, which is required to determine the status of your entry, remains the same. We are not accepting new entries for the DV-2012 program.

We expect the results of the new random selection process to be available by July 15, 2011, via the ESC function on dvlottery.state.gov.

We regret any inconvenience this might have caused.

For further information and future updates on the 2012 DV program, please see:

http://dvlottery.state.gov/

https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry.html

Questions and Answers

Q: How was this error discovered?

- The results showed a pattern that was inconsistent with the statistical outcome expected from a random selection; more than 98 percent of the selectees had registered for the DV program on the first two days of the 30-day registration period.

Q: Why is it necessary to invalidate the results and run a new selection?

- The Immigration and Nationality Act requires that Diversity Immigrant Visas be made available on a strictly random basis. Since the computer programming error resulted in an outcome that was not strictly random, the outcome does not meet the requirements of the law. Relying on the original results also would have meant unfairly disadvantaging many DV entrants.

- The Department has long made the DV random selection with the aid of computer software. For the 2012 program, a new computer program was used which failed to run a random process. This is the first problem of this sort to occur in the 15 years of conducting a computer-aided drawing for the DV program.

Q: What about people who checked the website last week and thought they had won? Aren't you taking visas away from them?

- Selection in the DV process does not guarantee anyone a visa. It provides selectees only with an opportunity to apply for a visa.

- We regret that incorrect results were posted on our DV Entry Status Check webpage before this problem was discovered and resolved. Any information that appeared on the Entry Status Check website between May 1 and May 6, 2011, is void and invalid.

- We understand that some people who viewed the confirmation website and thought they had been selected are disappointed, and we deeply regret any inconvenience or disappointment that this error caused.

- Everyone who submitted a valid DV entry for the 2012 selection will have an equal chance to be selected when the new, corrected random process is run.

Q: Do you believe the software was intentionally corrupted or hacked?

- No. This appears to be solely a computer programming error. We have no evidence that this resulted from any intentional act. We also have no evidence that any outside party accessed any data related to the DV program.

Q: Did you invalidate the results because too many winners came from a particular country?

- No. The distribution of results by country fell within a normal statistical range. The distribution of selectees by date of registration, however, showed that the program gave unequal weight to the date of registration. More than 98 percent of the selectees had registered on the first two days of the registration period.

Furthermore, the law that established the DV program stipulates that applicants from a single country cannot be issued more than seven percent of the available visas in any one fiscal year.

Q: Will you reopen the entry period?

- No. We will rerun the computer selection with the qualified DV entries received during the official entry period (October 5, 2010 to November 3, 2010). It is not necessary to resubmit entries. DV confirmation numbers provided to check results on our Entry Status Check webpage are still valid.

Q: When will the new selection be run? When will correct results be available on your website?

- We expect new results to be available on the Entry Status Check webpage on or about July 15, 2011.

Q: How much did this error cost the U.S. government?

- Because the problem was corrected before any DV applications were processed, the financial impact is minimal.

Petitions in the Philippines

U.S. Citizenship and Immigration Services (USCIS) at the U.S. Embassy in Manila accepts I-130 petitions from American citizens who are residents in the Philippines for immediate relative immigrant classification where the beneficiary is a parent, spouse or minor child.

Beginning August 15, 2011, petitioners in the Philippines may also file through the USCIS Chicago Lockbox at one of the following addresses:

USCIS Chicago Lockbox addresses for regular mail deliveries:
USCIS
P.O. Box 804625
Chicago, IL 60680-4107

USCIS Chicago Lockbox address for express mail and courier deliveries:
USCIS
Attn: I-130
131 South Dearborn Third Floor
Chicago, IL 60603-5517

For additional information about how to file a Form I-130 with the USCIS Chicago lockbox, please see the USCIS website at http://uscis.gov or contact USCIS by telephone in the U.S. at 1-800-375-5283.

The American citizen petitioner must have been resident in the Philipines for at least six months before filing the petition and be able to present proof-of-residency. American citizens who are in the Philippines on temporary status, such as students or tourists, do not meet the residency standard and must file their petitions directly with the domestic USCIS office having jurisdiction over the American citizen's place of residence.

 

For information about how to contact USCIS in Manila and to learn more about the services USCIS provides, please click here.

 

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Qualifications

Beneficiary of an Approved Form I-160 Petition

You must apply for the appropriate immigrant visa under the Employment-Based (E) category. The prospective U.S. employer files the I-140 petition and must obtain a certification from the U.S. Department of Labor that states that there are no qualified workers available in the United States for the proposed employment.

Special Immigrant Visa

With the exception of a qualified current or former U.S. Government employee, you must have an approved I-360 petition from USCIS. Special workers in a religious occupation or vocation, qualified U.S. government employees, Amerasians and widowers of American citizens fall under this classification.

Visa Lottery System

You may qualify under the visa lottery system. For more information, please visit the Diversity Visa web page.

Investors

If you are an investor, you must file a Form I-526 petition with USCIS.

Spouse or Fiancé(e) of a U.S. Citizen

You may apply for a nonimmigrant K visa with an approved I-129F petition. The K visa is a nonimmigrant visa that allows beneficiaries to join their petitioners sooner. Persons who enter the United States with a K visa must apply at USCIS to change their status from a nonimmigrant to a Lawful Permanent Resident (LPR).

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Required Documents

When a beneficiary is eligible to apply for an immigrant or fiancé(e) visa (that is, the priority date becomes current and all the pre-processing requirements have been met), the National Visa Center (NVC) queues the beneficiary for a visa interview. The NVC will send the applicant a packet with the visa interview appointment date, information, the application forms and a list of required documents. It is important that visa applicants submit all documentary requirements to NVC so they are "documentarily qualified" for the visa interview; otherwise, they will be found ineligible for visa issuance and be asked to return to the Embassy for another appointment.

Please note that any document not written in English must be accompanied by an English translation and a competent translator must certify the translations. Also, Consular officers may require additional documentation to adjudicate your application and may ask to see originals of documents. You may submit a photocopy of a document along with the visa application, but you should bring the original document for the officer's inspection.

For a list of the basic documents that you must submit, click here.

  • Passport
    Each visa applicant must have a passport valid for at least six (6) months from the time of the visa issuance. Filipino citizens can apply for a passport at the Department of Foreign Affairs-Office of Consular Affairs (DFA-OCA), which is located at:

    Aseana Business Park
    Bradco Avenue corner Macapagal Boulevard
    Paranaque City

    You may schedule an appointment online or by calling 02-737-1000.

  • DS-260/261 Parts I and II
    Application for Immigrant Visa and Alien Registration Forms. These forms are sent to applicants along with their appointment letters. Each family member applying for an immigrant visa is required to complete these forms.

  • Birth Certificate
    Each visa applicant must have a birth certificate issued by the National Statistics Office (NSO) on security paper. Copies are needed for principal applicants and derivative family members and petitioners who were born in the Philippines. You may call the NSO Information Center at (02) 737-1111 or visit their e-census web page to inquire about how to secure a birth certificate. If the NSO does not have a copy of the birth certificate, you must obtain a statement about its unavailability from the NSO and a certified birth certificate from the local registrar in the town where you were born.

  • NBI Clearance
    Applicants aged 16 years and older must have a valid Record Clearance for Travel Abroad Purposes from the National Bureau of Investigation (NBI). Clearances should be in the applicant's current name, birth certificate name, maiden name, married name, and any aliases or nicknames ever used, including different spellings of all names ever used. An official letter of explanation from the NBI is required for any notation of "No criminal record", "No pending criminal case" or "With derogatory record." For immigration purposes, an NBI clearance is considered valid only for one year from the date it is issued. The NBI Clearance Center is located at:

    5th Floor, Victory Central Mall
    Old Victory Compound
    Rizal Avenue
    Monumento, Caloocan City

    You can also contact the NBI at (632) 523-82-31 to 38, or check the NBI website for more information.

  • Police Certificates
    A police certificate is required from a country in which the applicant lived for more than one year (six months if you are applying for a K visa) after turning 16 years of age. As with NBI clearances, foreign police certificates should be obtained in any maiden names, married names, aliases or nicknames ever used while in the country in question, including different spellings of all names ever used. Information on how to secure police certificates from countries where these are available may be obtained by contacting U.S. Embassy Manila's Immigrant Visa Branch or an Embassy of the country from which the police certificate is required.

    The State Department's Visa Office offers online information on the availability of country documents (including police certificates) through its Country Document Finder. Click on the letter that begins the country name, select the country and scroll down to "Documents".

  • Marriage Records (if applicable)
    For Philippine marriages, the copy of the marriage certificate must be printed on National Statistics Office (NSO) security paper. If the marriage ended by divorce, annulment, disappearance or death of the spouse, legal and/or civil documentation must be presented attesting to the termination of the marriage (annulment decree, death certificate issued by NSO and printed on security paper, a foreign divorce decree, or foreign death certificate).

  • Military Records
    Applicants who have served in the military should present a certified copy of their military records.

  • Supporting Evidence of Identity and/or Relationship
    Applicants should be prepared to submit documents that further establish their identity and/or their relationship with the petitioner or the principal applicant. Six (6) or more photographs with family members together, taken over a period of time, may help to establish the existence of a relationship. Personal correspondence, home telephone records, bank records, proof of joint property ownership and/or joint financial obligations, original baptismal records, medical records and adoption decrees are often useful.

  • Evidence of Financial Support

    • I-864 Affidavit of Support (AOS)
      The I-864 (AOS) is required for visa applicants in the IR, F and certain E visa categories, and follow-to-join derivative family members of employment-based (E) applicants complete with copies of your sponsor's latest U.S. Federal income tax return (ITR) and wage statements (Form W-2s). Please note that your petitioner must provide an Affidavit of Support, even if they do not meet the income requirements and even if a joint sponsor's Affidavit of Support will be providing all of the actual financial support.

      The I-864 AOS is now valid indefinitely once it has been signed (this is a change from the previous requirement of being valid for one year). In other words, you will no longer need to submit a new I-864 AOS or new tax forms due to long processing delays between the date of the signature of the I-864 AOS and the date of the interview. However, you may be asked for them by the consular officer, if they are needed.

      Additionally, petitioners (or joint sponsors, if needed) filing an I-864 AOS are required to submit only one year's tax return, the most recent available as of the date the submitted I-864 AOS was signed (this is a change from the previous requirement of submitting tax returns from the three most recent tax years).

      The actual signed I-864 AOS must be an original copy. However, faxed copies of tax returns are acceptable. The tax return or copy should be signed.

    • I-864EZ Affidavit of Support (AOS)
      A sponsor may use the shorter Form I-864EZ in place of Form I-864 if all of the following apply:
      • The sponsor is the visa petitioner who filed the Form I-130 petition;
      • There is no need for a joint sponsor or a Form I-864A;
      • The affidavit of support is filed on behalf of only one intending immigrant;
      • The sponsor is seeking to qualify based on the sponsor's own income alone (not on the basis of assets);
      • All of the sponsor's income being counted on the AOS is shown on IRS Form W-2.
    • Form I-134 Affidavit of Support (AOS)
      The I-134 Affidavit of Support is required for returning residents (SB-1), fiancé(e)s or spouses of U.S. citizens (K1, K3), children of K1 and K3 applicants, spouses and children of Lawful Permanent Residents (LPRs), and applicants with special immigrant status. A copy of the sponsor's most recent Federal income tax return (Form 1040) should accompany the I-134. Faxed copies of the ITR are acceptable.

       

  • Visa Photographs
    You must bring three (3) colored photographs printed according to the specifications described in the visa application packet.

  • Employment-Based Applications
    The following documents are required:

    • Official job offer from your potential U.S. employer with the salary stated, issued less than one (1)year prior to visa application
    • Visa Screen Certificate (for nurses and physical therapists)
    • Old and current professional identification cards
  • Certificate of No Marriage Record (CENOMAR)
    If you have never contracted a marriage, a CENOMAR (Singleness) issued by the National Statistics Office (NSO) and printed on NSO security paper should be submitted. You may call the NSO Information Center at 02-737-1111 to inquire about securing a CENOMAR or visit their web site for more information.

  • Immigrant and "K" Visa Applicant Appointment Packets
    You may download the appropriate appointment package here.

 

NOTICE TO IMMIGRANT VISA APPLICANTS

Starting October 02, 2014, all immigrant visa applicants are required to complete a DS-260 online immigrant visa application athttps://ceac.state.gov/ceac prior to attending their visa interview appointment.

Applicants who appear for an interview without completed application forms will be advised to reschedule the interview by visiting the online appointment website or by calling the Embassy’s Visa Information and Appointment Service hotline.  

If you are asked to reschedule your interview because your DS-260 is incomplete, please note that the next available appointment may be three to six weeks after your original appointment.  To avoid lengthy delays, please complete the DS-260 well in advance of your interview date.

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Medical Examination

All visa applicants, regardless of age, need to complete a medical examination at the St. Luke's Medical Center Extension Clinic (SLMCEC) before the visa interview. Applicants are advised to have their medical examinations done at least one week before their interview appointment at the U.S. Embassy in Manila.

SLMCEC is is open from 6:00 a.m. to 4:00 p.m. and is located at:

1177 J. Bocobo Street
Ermita, Manila
Telephone: (632) 521-0020 and (632) 521-8647

It is best to arrive for your medical examination between 6:00 a.m. to 8:00 a.m. Applicants are served on a first come, first served basis, but the order of release of the medical reports will depend on the complexity of the results of the medical examination.

INCREASE IN MEDICAL EXAMINATION FEES

  • Beginning October 1, 2017, St. Luke’s Medical Center Extension Clinic (SLEC), the Embassy’s accredited medical facility, will increase the medical examination fee for adult applicants. The new medical exam fees will be PhP 17,025.00 for adults. There is no increase of medical fees for children 14 years of age or younger the fees will be PhP 9.583.00.

For a list of common questions regarding the medical exam, click here.

  • What is the cost of the medical examination at SLMCEC?
    The medical exam fee is U.S. $245.00 for adults (15 years and older) and U.S. $185.00 for children (under 15 years of age). SLMCEC does not accept credit card or dollar payments. The fees must be paid in Philippine pesos at the prevailing exchange rate.

  • What is the validity of the medical examination?
    Medical examinations are generally valid for six (6) months.

  • Will chest x-rays be required?
    Children younger than 15 years old will not need a chest x-ray or serological test unless required by the doctor, but will instead undergo a Tuberculin Skin Test. According to the U.S. Public Health Service (USPHS), chest x-rays for pregnant women are not dangerous if taken with the proper shielding. If you have had previous x-rays, please bring them with you for a comparative study.

  • What should I bring to my medical examination?
    Bring the following items:

    • Your appointment letter from the National Visa Center or an e-mail print-out of your appointment from the Visa Information and Appointment Service
    • The appropriate medical examination fee
    • Your passport (valid for at least six months)
    • Two color photographs (size 2 inches x 2 inches or 5cm x 5cm) with a white background
  • What happens after I have my medical examination?
    The medical report, passport and visa photographs are normally submitted by SLMCEC to the U.S. Embassy in Manila. In most cases, only the chest x-ray film and immunization form are given to the applicants in the SLMCEC releasing section. The medical examination usually takes two to three working days to process, but can extend up to a few months if there are required tests that need to be completed.

  • What do I do if I miss my interview appointment at the U.S. Embassy in Manila because of prolonged and/or additional tests conducted by SLMCEC?
    If you missed your visa interview appointment at the U.S. Embassy in Manila because of additional medical tests, St. Luke's will, after determining that you are clear to travel, schedule another visa interview appointment for you.

 

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Immigrant Visa Application Fees

Immigrant visa application fees may be paid in cash, traveler's check, U.S. Postal Money Order, or by major credit card at the Embassy's consular cashier if they have not been paid already to the National Visa Center (NVC) in the U.S. Payments at the Embassy may be in U.S. dollars or in Philippine pesos at the prevailing Embassy exchange rate. Each applicant, regardless of age, will require a separate fee payment. Fees are non-refundable for applications submitted and processed. For immigrant visa fees, click here.

Additional Fees
The Department of State's website lists all visa application fees and other types of visa processing fees collected by the Department of State and Department of Homeland Security.

If you apply for a K visa, you must pay a USD$265 nonimmigrant visa application fee. The application fee for nonimmigrant visas must be paid prior to scheduling a visa interview appointment. For payment information, please click here.

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Courier Delivery of Your Immigrant Visa

The Immigrant Visa unit uses a guaranteed courier service to deliver issued visas. 2GO commercial courier is the authorized courier service provider for the visa units. Visas are delivered directly to the applicant's designated address at no additional cost. Applicants also have the option to pick up the visas at the nearest 2GO branch.

Change Courier Address
Applicants who have already scheduled an appointment online, but who wish to modify their courier address, can click herethe below link to proceed. Change of courier address or courier office location for collection of your passport will be accepted up until midnight on the day of your interview.

Return of Passports by Courier Service
If your application is approved, you will receive your passport through the 2GO courier service at the address provided when you scheduled your appointment. For more information about collecting or tracking your passport/visa, click here.

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Adoption

For adoption information, please click here.

Filipino Spouses and Fiancé(e)s - Love and Marriage and Migrating to the U.S.

U.S. citizens have a number of options to bring their Filipino spouses or fiancé(e)s and their children to the United States to become lawful permanent residents. However, marriage to a U.S. citizen does not automatically grant U.S. residence or citizenship to the Filipino spouse. He or she must be petitioned by the American spouse and then apply for a visa to enter the United States. The Filipino spouse may enter the United States on a K-3 nonimmigrant visa, CR-1 immigrant visa or IR-1 immigrant visa, each having its own set of requirements and procedures. These three spouse-based petitions are issued to qualified beneficiaries of American citizens only. Please note that individuals who are petitioned for by lawful permanent residents do not qualify for a K-3, CR or IR visa.

CR Visa Information
If the basis for immigration is a marriage that was entered into less than two years prior to the date of the visa issuance and the petition that was filed is an I-130, the spouse of a U.S. citizen or the child of a U.S. citizen is classified as conditional immigrant at the time of visa issuance. The visa category for the spouse is CR-1 while that of the child is CR-2. For more information about CR-1 visa, please visit the Department of State's website.

IR Visa Information
A spouse of a U.S. citizen is considered an immediate relative (IR) and is immediately eligible to apply for an immigrant visa under the IR category. The Filipino spouse must be the beneficiary of an I-130 approved by the U.S. Citizenship and Immigration Services (USCIS). This petition must be filed at the USCIS office that has jurisdiction over the petitioner's (the American spouse's) place of residence. Please note that active-duty U.S. military personnel and other U.S. Government personnel are considered domiciled in the United States while serving overseas.

Children (below 21 years of age and unmarried) of the Filipino spouse are also eligible to apply for IR visas if individual petitions are filed on their behalf by the U.S. citizen spouse. Under U.S. immigration law, only children under the age of 18 at the time their natural parent married a U.S. citizen are considered "step-children" for immigration purpose. Children who were 18 years or older at the time of the marriage may not be petitioned as step-children. They may be petitioned by the Filipino parent after he/she becomes a lawful permanent resident (LPR) of the United States.

Once an I-130 petition is approved, the National Visa Center (NVC) in the United States notifies the petitioner and provides guidance on how the Filipino spouse and children can apply for IR-1 and IR-2 visas, respectively. The NVC schedules the the applicant(s) for an interview and forwards the approved petition to the U.S. Embassy in Manila. The NVC will likewise notify the applicant(s) when they are scheduled to report for the medical examination and visa interview.

Petitioners and beneficiaries are encouraged to submit complete documentation at the earliest possible time prior to the interview appointment. Submission of incomplete documentation could result in delays with processing of the immigrant visa. For more information regarding the IR-1 visa, please visit the Department of State's website.

The USCIS website has more information about how to petition alien spouses to live in the United States.

K Visa Information
FAQ

The K visa is a nonimmigrant visa. It does not automatically grant U.S. citizenship or lawful permanent resident (LPR) status to the beneficiaries. Those who qualify for K visas will be able to join their partners in the United States as a nonimmigrant, without the potentially long period of separation during the petition process. Holders of K visas will need to adjust their immigration status in the United States to become lawful permanent residents. K visas can be for spouses or fiancés of U.S. citizens.

 

    • K-1 Fiancé(e) Visa
      U.S. citizens who plan to marry their Filipino fiancé(e) in the United States must file an I-129F petition with the USCIS office that has jurisdiction over the petitioner's place of residence. Once approved, the I-129F petition is sent to the NVC, which forwards it to the U.S. Embassy in Manila. The U.S. Embassy will send the Filipino fiancé(e) information about how to apply for the K-1 visa, including the medical examination and the visa interview. The I-129F fiancé(e) petition is a single entry visa that is valid for six (6) months from the date of its approval. If the petition expires, a consular officer may revalidate it for another four (4) months (provided that both parties remain legally free to marry).

       

    • K-2 Visa
      Children (unmarried and below 21 years of age) of a K-1 applicant may derive immigration benefits from the same I-129F petition and are issued K-2 visas. Children identified in the approved I-129F petition are called derivatives. Derivatives may apply at the same time as the principal applicant parent or may apply later, but must be issued K-2 visas within one year from the date the K-1 visa was issued to the principal applicant parent. Derivatives who are following-to-join the principal applicant parent must apply for their K-2 visas in a timely manner to allow visa issuance within the required period.

       

    • K-3/K-4 Visas
      The visa type for the spouse of a U.S. citizen is a K-3, and the visa type for minor children (unmarried and below 21 years of age) of a K-3 applicant is a K-4.

       

      U.S. citizens who wish to bring their Filipino spouse to the United States on a K-3 visa must file both the I-129F and I-130 petitions. These petitions are filed at the USCIS office that has jurisdiction over the petitioner's place of residence. Effective February 1 2010, when both the I-129F and I-130 visa petitions have been approved by USCIS and sent to NVC, the I-129F is administratively closed. The NVC will send the I-130 petition to the U.S. Embassy in Manila as soon as it is documentarily complete and is scheduled for an immigrant visa interview. If no I-130 petition is received with the I-129F petition, the NVC will process the I-129F petition and send it to the U.S. Embassy for standard K visa processing, scheduling and adjudication.

      Please note that Filipino spouses married to their petitioners for less than two years are given a conditional LPR status upon entry to the U.S. To remove the conditional status, the couple must establish the bona fides of their marital relationship).

       

      Minor children of a K-3 applicant may derive immigration benefits from the same approved I-129F petition and are issued K-4 visas. The children may apply for visas at the same time as the principal applicant parent or may be following-to-join derivatives of a K-3 applicant, even after the principal alien has acquired lawful permanent resident (LPR) status. However, the cutoff date for issuance of a K-4 visa is one year from the date of the issuance of the K-3 visa to the principal alien.

      If an immigrant visa based on the I-130 petition for the spouse has already been denied, then the spouse and the spouse's children will not qualify for a K-3 or K-4 visa, respectively.

    • K Visa Application Procedures
      Step 1 - File the Petition
      File the I-129F petition with the U.S. Citizenship and Immigration Services (USCIS) office that covers your permanent place of residence. The Form I-129F is available at the Department of Homeland Security's public queries window or Window 35 at the U.S. Embassy in Manila. The petition must be filed in the United States.

       

      Step 2 - USCIS Approves the Petition
      Once the petition is approved, USCIS sends it to the National Visa Center (NVC). The NVC then forwards the petition to the U.S. Embassy in Manila. Please note that approval of a visa petition does not necessarily mean a visa will be issued. Only a consular officer at the U.S. Embassy may determine a person's eligibility to receive a visa.

       

      Step 3 - The Applicant Is Notified
      When the U.S. Embassy receives the approved petition from the NVC, it notifies the applicant of the required medical examination and visa interview. Applicants who have been notified by the U.S. Embassy to prepare for their interview must pay the visa application fee before they can schedule an appointment for a visa interview.

       

      Step 4 - Visa Application/Interview
      After the applicant pays the non-refundable application/processing fee and completes the required medical examination at St. Luke's Medical Center Extension Clinic, he/she appears at the U.S. Embassy for the visa interview with all the required documents. On the day of the visa interview and at the discretion of the adjudicating consular officer, applicants may be asked to present secondary documents to support the claimed marital relationship. These documents may include letters, photographs, joint ownership of assets, bank accounts, and telephone bills. Otherwise, the documents for a K visa application are the same as those for immigrant visa applications. Petitioners and beneficiaries are encouraged to gather complete documentation prior the interview appointment. Submission of incomplete documentation could result in delays with processing the K visa.

       

The U.S. Embassy may issue a 221(g) letter directing you to submit additional documents or information related to your visa application. Your application will be kept on hold at the U.S. Embassy until such a time as you submit those documents. This web page has more information about 221(g) letters and how to submit your documents.

QuestionK-1 VisaK-3 VisaIR-1 Visa
Visa typeNonimmigrantNonimmigrantImmigrant
Where do I file the petition?Only in U.S.Only in U.S.May file abroad
Which petition form do I file?I-129F onlyI-129F and I-130I-130 only
Are there any major restrictions I should know about?Single entry. Valid for 6 months; to marry petitioner within 90 days of entry to the United States and must adjust status.Multiple entry. Valid for two years, but must adjust status within 2 years.LPR status. Processing for green card begins on entry.
Can my fiancée/fiancé or spouse take her/his children?Yes. Only unmarried children under 21 but must be issued K-2 visa within one year of the K-1 issuance.Yes. Only unmarried children under 21.Yes, but separate IR-2 petitions must be filed for each child. Stepchild must be younger than 18 years old at time of parent's marriage.
Is an interview required?YesYesYes
Which Affidavit of Support do I use?I-134I-134I-864
Does the U.S. Embassy need the original petition & documents from USCIS?YesYesYes

Following-to-Join

The spouse and children of a principal applicant are entitled to derive immigration benefits from their principal's approved visa petition and may travel to the United States at a later date. Under no circumstance will the derivative spouse or child be allowed to travel to the U.S. ahead of the principal applicant.

Following-to-join applicants may derive immigration benefits only if:

  • The spouse or children were acquired before the principal applicant's admission into the United States; and
  • The principal applicant gained lawful permanent resident (LPR) status or was issued an immigrant visa under the family-preference (F) or employment-based (E) visa categories or was issued a non-immigrant K or V visa. Foreign nationals who immigrated to the U.S. under an immediate relative (IR) visa category need to file a separate Form I-130 visa petition on behalf of their spouses and children.
  • The principal applicant has not naturalized. Once the principal applicant becomes a U.S. citizen, a separate visa petition needs to be filed on behalf of the spouse and/or children to qualify for immigration benefits again.

Following-to-join derivative beneficiaries must present documentation establishing the principal applicant's immigration status in the United States and their relationship to their principal. These include:

  • A copy of the child's birth certificate issued by the National Statistics Office;
  • A copy of the marriage certificate issued by the National Statistics Office;
  • A copy of the principal alien's registration receipt card or I-551 or a copy of the principal alien's passport pages indicating admission to the U.S. as an immigrant; and
  • If applicable, Form I-824, Application for Action on an Approved Application or Petition.

To register a family member as a following-to-join derivative, the above documents may be faxed to the Immigrant Visa Section at (632) 301-2591 or mailed to the Operations Unit, Immigrant Visa Branch, U.S. Embassy, 1201 Roxas Blvd., Ermita, Metro Manila 1000. The documents must come with a letter of request clearly indicating the name of the applicant(s) and the applicant(s)' contact address and telephone number.

Once the Embassy ascertains the eligibility for following-to-join derivative status, it will provide instructions on how to apply for the visas.

It is important to remember that a child is only eligible for following-to-join benefits if he or she is a child, step-child or adopted child in accordance with U.S. immigration law.

The State Department's National Visa Center (NVC) has been processing all following-to-join (FTJ) cases for derivative family members whose principal applicant had adjusted status in the United States. All FTJ case processing for Manila, including appointment scheduling, is now done at NVC. NVC is responsible for the collection of visa processing fees and documentation in support of immigrant visa applications. Applicants may wish to submit a copy of the Form I-824 to NVC to determine the applicant's entitlement to derivative status and initiate processing the visa application. The NVC mailing address is 32 Rochester Avenue, Portsmouth, New Hampshire 03801-2909. The NVC may be reached by email at [email protected]

Termination

Immigrant visa applications that are left inactive for a year are subject to termination procedures in accordance to the provision of the Immigration and Nationality Act. Visa applicants are advised to be timely in their responses and action to avoid termination of their application and eventual cancellation of the visa petition.

A Notice of Termination of Registration is sent if, after one year, the beneficiary fails to:

  • Apply for an immigrant visa despite official notification from the National Visa Center or the U.S. Embassy to apply or respond to Packet 3;
  • Show up for the visa interview without any prior written notification; or
  • Take further action on his/her visa application that had been refused under INA 221(g) or due to lack of documentation.

Beneficiaries may request reinstatement of their immigrant visa applications if, within a year of the termination notice, they are able to satisfactorily explain that their failure to pursue the application was for reasons beyond their control. Otherwise, visa applications will continue to be subject to cancellation procedures in accordance to U.S. immigration laws and regulations.

If applicants are not responsive despite a termination notice, a Final Notice of Cancellation is sent. The visa petition and its supporting documents are then purged.

More Information

More information about immigrant visa petitions is available at the U.S. Citizenship and Immigration Services (USCIS) website and the Department of Homeland Security/USCIS office at the U.S. Embassy in Manila, Window 35 (open Monday to Friday, from 8:00 a.m. to 12:00 noon, Tel. no: (632) 301-2000, Ext. 2224).

Information regarding the Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage is available from the U.S. Embassy's American Citizen Services Unit at (632) 301-2000, Ext. 4106.

If you have been scheduled for an interview, you may print and download the appropriate instructions and forms by clicking on the links below:

Sours: https://www.ustraveldocs.com/ph/ph-iv-visaapplyinfo.asp

I-140, Immigrant Petition for Alien Workers

Alert: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule (84 Fed. Reg. 41,292 (Aug. 14, 2019), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Reg. 52,357 (Oct. 2, 2019)) (Public Charge Final Rule) nationwide. That decision was stayed by the U.S. Court of Appeals for the Seventh Circuit. On March 9, 2021, the Seventh Circuit lifted its stay, and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect.

We immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. USCIS continues to apply the public charge inadmissibility statute, including consideration of the statutory minimum factors in the totality of the circumstances, in accordance with the 1999 Interim Field Guidance, which was in place before the Public Charge Final Rule was implemented on Feb. 24, 2020, to the adjudication of any application for adjustment of status. In addition, USCIS will no longer apply the separate, but related, “public benefits condition” to applications or petitions for extension of nonimmigrant stay and change of nonimmigrant status.

On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule. That means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).

If an applicant or petitioner has already provided such information, and USCIS adjudicates the application or petition on or after March 9, 2021, we will not consider any information provided that relates solely to the Public Charge Final Rule, including, for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, and information on the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).

If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required by the Public Charge Final Rule, including but not limited to Form I-944, and your response is due on or after March 9, 2021, you do not need to provide the information solely required by the Public Charge Final Rule. However, you need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit you are seeking. If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, we will send you another RFE or NOID. For information about the relevant court decisions, please see the litigation summary.

USCIS published new form editions for affected forms. Starting April 19, 2021, we will only accept the 03/10/21 editions. Until then, you can also use the prior editions specified on each form webpage.

Sours: https://www.uscis.gov/i-140
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Requirements for Immigrant and Nonimmigrant Visas

There are two categories of U.S. visas: immigrant and nonimmigrant. Immigrant visas are issued to foreign nationals who intend to live permanently in the United States. Nonimmigrant visas are for foreign nationals wishing to enter the United States on a temporary basis - for tourism, medical treatment, business, temporary work, study, or other similar reasons.

Immigrant Visa

An immigrant visa is issued to a foreign national who intends to live and work permanently in the United States. In most cases, a relative or employer sponsors the individual by filing an application with U.S. Citizenship and Immigration Services (USCIS). Certain applicants such as workers with extraordinary ability, investors, and certain special immigrants can petition on their own behalf. The application is later forwarded to the appropriate U.S. Consulate or Embassy overseas for continued processing and issuance of the immigrant visa to the intending immigrant, if eligible. An intending immigrant must present the immigrant visa at a U.S. port-of-entry prior to the expiration of the immigrant visa. An intending immigrant becomes a lawful permanent resident once the immigrant visa and accompanying paperwork is reviewed and endorsed by a CBP Officer. For specific information regarding immigrant visa classifications and requirements, refer to the USCIS website or the Department of State website.

Non-Immigrant Visa

Nonimmigrant visas are issued to foreign nationals seeking to enter the United States on a temporary basis for tourism, business, medical treatment and certain types of temporary work. The type of nonimmigrant visa needed is defined by immigration law, and related to the purpose of the travel. Generally, an individual applies directly to the U.S. consulate or embassy abroad for a tourist (B-2) or business nonimmigrant (B-1) visa. However, foreign nationals seeking to enter the United States to study or work may require certain authorization and documentation prior to applying for a nonimmigrant visa. For an alphabetical listing all of the nonimmigrant visa classifications and specific requirements refer to the USCIS website. or the U.S. Department of State website.

Issuance of a visa does not guarantee entry to the United States. A visa simply indicates that a U.S. consular officer at an American embassy or consulate has reviewed the application and that officer has determined that the individual is eligible to enter the country for a specific purpose. The CBP Officer at the port-of-entry will conduct an inspection to determine if the individual is eligible for admission under U.S. immigration law.

Visa Free Travel

U.S. policy permits citizens of certain countries as identified below to travel to the United States without a visa. The Visa Waiver Program (VWP) permits nationals from designated countries to apply for admission to the United States for 90 days or less as nonimmigrant visitors for business or pleasure without first obtaining a U.S. nonimmigrant visa.

At the time of application for admission, a VWP applicant must:

Be in possession of a round-trip ticket that will transport the individual out of the United States to any other foreign port or place as long as the trip does not terminate in contiguous territory or an ; except that the round trip ticket may transport the traveler to contiguous territory or an , if the traveler is a resident of the country of destination or if arriving at a land border, provide evidence of financial solvency and a domicile abroad to which the traveler intends to return;

  • Be arriving on designated carrier that is signatory to a Visa Waiver Program Agreement, if applicable;
  • Have a machine-readable passport valid for 6 months beyond the period of intended stay, or essentially 9 months (90 days + 6 months). The Department of State's 6-month list extending the validity of certain foreign passports can be found on the Department of State website.  (A traveler with an expired passport is ineligible for VWP admission); and,
  • Complete an Arrival/Departure Form I-94W. Travelers arriving at a land border will be required to pay the required Form I-94W processing fee.

In addition, VWP visitors may not file an application to change status to an immigrant or another nonimmigrant classification or extend their stay beyond the 90-day timeframe. VWP applicants waive their right to proceedings before an Immigration Judge, unless they make an asylum application.

Visa Waiver Program Frequently Asked Questions

For additional information about the Visa Waiver Program, refer to the Department of State website.

Sours: https://www.cbp.gov/travel/international-visitors/visa-waiver-program/requirements-immigrant-and-nonimmigrant-visas
U.S. Immigrant Visa Categories

U.S. Visas

U.S. citizens and lawful permanent resident petitioners residing in the United States must file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This can be done either electronically or through the traditional paper process through the mail.

To learn more about USCIS and to access forms and instructions, please click here.

Filing Petitions from Inside the United States

U.S. citizens and lawful permanent resident sponsors residing in the United States must file Form I-130, Petition for Alien Relative, with the USCIS Chicago Lockbox facility, following instructions on the USCIS website. U.S. employers must file Form I-140, Petition for Alien Worker, as instructed on the USCIS website. 

Filing Petitions from Outside the United States

While most immigrant visa petitions are filed in the United States, filing certain types of petitions outside the United States is possible. Learn about filing petitions outside of the United States.

Petition Approval

Your immigrant petition must be approved by USCIS before your case can proceed to the National Visa Center.

Sours: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

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How to Enter the U.S.

Learn about the most common types of visas for business, student or travel you may need when coming to or traveling through the United States, plus review what other documents you need to enter the U.S. Also, find information on how to apply for an immigrant visa.

Apply For a Visa

The U.S. Department of State issues visas tooltipU.S. Visa: a document issued by a U.S. embassy or consulate to a non-U.S. citizen. It’s placed in their passport to allow them to seek entry to the U.S. for a specific purpose. to foreign nationals tooltipForeign National: a person who is not a citizen of the country they’re visiting, studying or working in. traveling to the United States through its embassies or consulates tooltipConsulate: a smaller version of an embassy, located outside a nation’s capital. An embassy is the place in a nation’s capital where the diplomatic staff of another country work.. However, you do not need a visa for your business meeting or for vacation if you are a citizen of any of the 39 countries participating in the Visa Waiver Program.

Your reason for travel will determine the type of visa you need to enter the U.S. Some of the most commonly requested visas are:

Procedures for Entering the United States

When you arrive in the United States, you must show valid travel documents as part of the entry process. The documents you need and whether your passport needs to be valid for six months after your travel dates depend on the country you are arriving from and your citizenship or status.

Arrival From Canada, Mexico, the Caribbean, and Bermuda

The Western Hemisphere Travel Initiative covers travel by land, sea, or air from Canada, Mexico, the Caribbean, and Bermuda:

  • American citizens entering the U.S. must show a valid passport, U.S. passport card, a Trusted Traveler Program card (NEXUS, SENTRI, Global Entry or FAST), or an enhanced driver’s license. If you have any questions, contact your carrier to find out if they require a specific document.

  • Lawful permanent residents of the U.S. need to show a Permanent Resident Card (Green card). A passport is not required.

  • Citizens of Canada, Mexico, the Caribbean, and Bermuda can find the necessary travel documents from the Department of Homeland Security under “land and sea entry.”

Arrival From Other Countries

  • All travelers entering the United States from all other countries need a passport upon arrival (regardless of their country of citizenship).

  • Permanent residents and foreign nationals may also need a U.S. visa. You must apply for a visa before you start your trip.

Entry Denials

Customs and Border Protection (CBP) officers conduct arrival inspections using the same criteria for all foreign nationals visiting the U.S. They decide your admission to the United States, even if all your travel documents, including your visa, are in order.

Note: While there are no rules prohibiting pregnant visitors from entering the United States, doing so to give birth is prohibited. A CBP officer will consider your pregnancy when deciding on your admission.

Learn about bringing pets, food, and medication to the U.S.

Apply for an Immigrant Visa

About a million people a year receive Green Cards, designating them as new permanent residents of the United States. Many of those people arrive in the U.S. through an immigrant visa.

Top Types of Immigrant Visas

Most people who come to the U.S. using an immigrant visa receive one of the following types:

  • Family-based visa, for those with a family member who is a U.S. citizen or permanent resident

Essential Steps to Get an Immigrant Visa

  1. In most cases, someone must sponsor you or file an immigrant petition for you.

  2. Wait until the petition is approved and a visa is available in your category. Then apply for an immigrant visa. Do this through a U.S. consulate abroad. Find one in your country in this directory of U.S. consulates.

  3. Get a medical examination.

  4. Go to an interview.

  5. Wait for a decision on your application.

Review the details of this process for getting a family- or employment-based visa.

Another way to seek an immigrant visa is through the Diversity Visa Lottery program. This program lets people from countries with low U.S. immigration rates participate in an annual drawing for an immigrant visa.

After You Get Your Immigrant Visa

Once you get your immigrant visa, you will have to pay a USCIS immigrant fee. You will get a sealed packet of documents to give officials at the U.S. port of entry. You will be admitted to the U.S. as a permanent resident and receive your Green Card in the mail.

Do Not Apply for an Immigrant Visa If You’re in the U.S.

If you’re already in the U.S., apply for a Green Card through an adjustment of status. You will not have to return to your home country. You will still have to go through steps like those required for an immigrant visa application:

  1. Someone must sponsor you or file an immigrant petition for you.

  2. Wait until the petition is approved and there is a visa available in your category. Then apply for a Green Card from within the U.S.

  3. You will still need to get a medical examination, go to an interview, and wait for a decision on your application.

Refugees and Asylum

Refugees

Refugees are people who fled their homes for a variety of reasons, including persecution (or the fear of persecution) and war, to find protection elsewhere.

If you believe you need protection as a refugee, contact the United Nations High Commissioner for Refugees (UNHCR) or another international nonprofit volunteer agency. If these organizations are unavailable to you, contact the nearest U.S. Embassy or consulate.

The refugees' entry process into the U.S. involves many government agencies as part of the U.S. Refugee Admissions Program, which explains the resettlement and a refugee's arrival.

Asylum

Asylum is a form of protection available to refugees. You must meet certain conditions to request asylum in the United States. After getting asylum in the U.S., you:

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Last Updated: September 20, 2021

Sours: https://www.usa.gov/enter-us
How to Immigrate your Brother or Sister to the United States - Immigration lawyer in California

I-130, Petition for Alien Relative

Alert: On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule (84 Fed. Reg. 41,292 (Aug. 14, 2019), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Reg. 52,357 (Oct. 2, 2019)) (Public Charge Final Rule) nationwide. That decision was stayed by the U.S. Court of Appeals for the Seventh Circuit. On March 9, 2021, the Seventh Circuit lifted its stay, and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect.

We immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. USCIS continues to apply the public charge inadmissibility statute, including consideration of the statutory minimum factors in the totality of the circumstances, in accordance with the 1999 Interim Field Guidance, which was in place before the Public Charge Final Rule was implemented on Feb. 24, 2020, to the adjudication of any application for adjustment of status. In addition, USCIS will no longer apply the separate, but related, “public benefits condition” to applications or petitions for extension of nonimmigrant stay and change of nonimmigrant status.

On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule. That means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).

If an applicant or petitioner has already provided such information, and USCIS adjudicates the application or petition on or after March 9, 2021, we will not consider any information provided that relates solely to the Public Charge Final Rule, including, for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, and information on the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).

If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required by the Public Charge Final Rule, including but not limited to Form I-944, and your response is due on or after March 9, 2021, you do not need to provide the information solely required by the Public Charge Final Rule. However, you need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit you are seeking. If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, we will send you another RFE or NOID. For information about the relevant court decisions, please see the litigation summary.

USCIS published new form editions for affected forms. Starting April 19, 2021, we will only accept the 03/10/21 editions. Until then, you can also use the prior editions specified on each form webpage.

Use this form if you are a U.S. citizen or lawful permanent resident (LPR) and you need to establish your relationship to an eligible relative who wishes to come to or remain in the United States permanently and get a Permanent Resident Card (also called a Green Card).

File Online

Submitting Form I-130 is the first step in helping an eligible relative apply to immigrate to the United States and get Green Card. The filing or approval of this petition does not give your relative any immigration status or benefit.

We will generally approve your Form I-130 if you can establish a relationship between you and your relative that qualifies them to immigrate to the United States. Generally, once we approved the petition, your relative may apply to become a lawful permanent resident. If your relative is already in the United States and a visa is available, they may be eligible to get their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status

Certain relatives must wait until a visa number is available before they can apply. If your relative qualifies as an immediate relative, an immigrant visa always is available.

  • If your relative is not eligible to get their Green Card in the United States by filing Form I-485, or if your relative lives outside the United States, they may apply for an immigrant visa with the U.S. Department of State at the U.S. Embassy or Consulate in their country. For more information on ineligibility, please visit our Green Card page.

How to Report Suspected Marriage Fraud: We encourage you to report suspected immigration benefit fraud and abuse, including marriage fraud. For more information, please visit our Reporting Fraud page.

Help for Immigration Crime Victims
Different types of support are available through ICE’s Victims of Immigration Crime Engagement (VOICE) Office.

Help for Victims of Abuse
If you are a battered spouse, child, or parent, you may be eligible to file a petition for yourself independent from your U.S. citizen or LPR abuser. For more information, go to the Battered Spouse, Children, and Parents page.

What This Form Can Help You Do

Form Details

07/20/21. Starting 10/26/21, we will only accept the 7/20/21 edition. Until then, you can use the 2/13/19 edition. You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

You have two options for filing your Form I-130 petition with USCIS: 

•    Online; or
•    By mail (paper). 

The filing location for your Form I-130 depends on where you live and if you are filing Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time (this is called “concurrent filing”).

Filing Your Form I-130 Online
The first step is to create an account. To learn more, visit our How to Create a USCIS Online Account page.

You can file Form I-130 online even if your relative is in the United States and will file Form I-485 by mail. Once you submit your Form I-130 online, we will send a receipt notice to your USCIS online account. Provide a copy of the receipt notice to your relative to include in their Form I-485 packet.

You cannot file your Form I-130 online if you are applying for a fee waiver.

You cannot file Form I-485 or Form I-129F online at this time. Please see our Form I-485 and Form I-129F pages for current filing information, and refer to the form instructions for specific instructions on completing each of these forms. We will only accept and adjudicate forms that have been properly filed. We will not accept or adjudicate any Form I-485 or I-129F included as supporting evidence for a Form I-130 that was filed online.

Filing Your Form I-130 By Mail
If you reside in the United States, file at the Chicago, Dallas, or Phoenix Lockbox, depending on where you live and whether your relative is also concurrently filing Form I-485. For a complete list of addresses, visit our Direct Filing Addresses for Form I-130 page.

If you reside outside of the United States, you may:

  • File at the USCIS Dallas Lockbox facility (see our Direct Filing Addresses for Form I-130 page for the address);
  • File online using the USCIS website; or
  • Request to file at the U.S. Embassy or Consulate in certain limited circumstances, as described in USCIS Policy Manual, Volume 6, Part B, Chapter 3, if you are a U.S. citizen and you are filing your Form I-130 for your immediate relative (your spouse, your unmarried child under the age of 21, or your parent (if you are 21 years of age or older)). For a list of U.S. Embassies and Consulates, go to the Department of State’s website.

Filing Tips for Form I-130, Petition for Alien Relative

Complete all sections of the form. We will reject the form if these fields are missing:

  • Part 1 – Relationship
  • Part 2 – Information About You
    • Your Full Name
    • Date of Birth
    • Mailing Address
    • Your Marital Information
  • Part 4 – Information About Beneficiary
    • Beneficiary Full Name
    • Date of Birth
    • Beneficiary’s Physical Address
    • Beneficiary’s Marital Information

Don’t forget to sign your form!  We will reject any unsigned form.

$535.

You may pay the fee with a money order, personal check, or cashier’s check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Service centers are not able to process credit card payments.

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 we take on your application, petition, or request, or if you withdraw your request. Use our Fee Calculator to help determine your fee.

Please do not submit this checklist with your Form I-130 (and Form I-130A, if required). It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

Did you provide the following?

  • Evidence of U.S. citizenship, lawful permanent residence, or U.S. national status:
    • A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States; 
    • A copy of your naturalization or citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS); 
    • A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate; 
    •  A copy of your unexpired U.S. passport; 
    • An original statement from a U.S. consular officer verifying you are a U.S. citizen with a valid passport; or
    • A copy of the front and back of your Permanent Resident Card (also known as a Green Card or a Form I-551).
  • Evidence of family relationship with one of the following (see form instructions for more detailed guidance):
    • Spouse: A copy of your marriage certificate
      • Evidence you or your spouse terminated any prior marriages (if applicable)
    • Child: A copy of your child’s birth certificate(s).
    • Parent: A copy of your birth certificate.
    • Brother/Sister: A copy of the birth certificate for you and your sibling.
  • Evidence of the bona fides of the marriage, if petitioning for a spouse:
    • Documentation showing joint ownership of property;
    • A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
    • Documentation showing that you and your spouse have combined your financial resources;
    • Birth certificates of children born to you and your spouse together;
    • 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 of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired their knowledge of your marriage; and
    •  Any other relevant documentation to establish that there is an ongoing marital union.
  • Proof of legal name change (if applicable); and 
  • Two passport-style photographs (if applicable).

If you are filing Form I-130 for your adopted child

  • Evidence of U.S. citizenship:
    • A copy of your birth certificate, issued by a civil registrar, vital statistics office, or other civil authority showing you were born in the United States; 
    • A copy of your naturalization citizenship certificate issued by USCIS or the former Immigration and Naturalization Service (INS); 
    • A copy of Form FS-240, Consular Report of Birth Abroad (CRBA), issued by a U.S. Embassy or U.S. Consulate; 
    • A copy of your unexpired U.S. passport; or 
    • An original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
  • Evidence of family relationship, such as a final adoption decree;
  • Evidence you have had legal custody of the adopted child for two years; and
  • Evidence you have had joint residence with the adopted child for two years
  • You must file a separate Form I-130 for each eligible relative, unless they can be considered a derivative beneficiary. See the form instructions for more information.
  • If you submit a petition for your spouse, you must also submit Form I-130A, Supplemental Information for Spouse Beneficiary.
  • To receive an email or text message when we accept your form, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the front of the petition.
  • Do not include:
    •  Anything that contains electronic chips and batteries (such as musical greeting cards) or any non-paper materials such as CD-ROMS, DVDs, toys, action figures, or thumb drives. We will not accept these types of materials. However, we will accept photographs or copies of these items. 
    • Any biological or genetic samples as DNA evidence. For information on DNA testing and submitting DNA samples, please visit the Department of State’s page.
    • Graphic photos of childbirth or intimate relations as evidence of a relationship or marriage.

You must submit a separate Form I-130 for each child if:

  • The relative you are applying for is your spouse;
  • Together you have biological children, stepchildren, or  adopted children, and
  • You did not file separate petitions for them.

When you submit their forms, you must include:

  • Evidence of your U.S. citizenship, such as a photocopy of your naturalization certificate or your U.S. passport; and
  • A photocopy of your original Form I-130 receipt notice.

What if I submitted a petition for a relative when I was a permanent resident, but I am now a U.S. citizen?

If you become a U.S. citizen while your relative is waiting for a visa, you can upgrade your relative’s visa classification by notifying USCIS or the Department of State of your naturalization. If you are a U.S. citizen, your spouse and unmarried children under 21 will have immigrant visas immediately available to them.

If you become a U.S. citizenYou should notify:Mail your notification to:And include:
Before we make a decision on your Form I-130the USCIS office that is processing your case.The office address printed on your Form I-130 receipt notice. This infographic shows where to find the address on your receipt notice.
  • A short letter explaining you are now a U.S. citizen
  • Photocopies of your:
    • Naturalization certificate; and
    • Form I-130 receipt notice
  • “I-130 Upgrade” on the outside of the envelope.
After we approve your Form I-130the National  Visa Center (NVC)

National Visa Center
31 Rochester Ave.
Suite 200
Portsmouth, NH  03801-2915

  • A short letter explaining you are now a U.S. citizen; and
  • Photocopies of your:
    • Naturalization certificate; and
    • Form I-130 approval notice
  • “I-130 Upgrade” on the outside of the envelope.

For more information, call the NVC at 603-334-0700.

Sours: https://www.uscis.gov/i-130

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Important: While we are processing all categories of immigrant and fiancé(e) (K-1 and K-2) visas, unavoidable backlogs mean that you should expect delays at each stage of the process for the foreseeable future and we cannot predict when your case will be ready. Thank you for your patience while we process as many cases as we can as quickly as possible. Please keep checking our Frequently Asked Questions (FAQs) for guidance about your case.

If you have recently entered the UK following international travel, your appointment must take place in compliance with UK quarantine requirements following international travel. This may vary depending on which country you have traveled from. Please see the UK government’s website for further details.

Immigrant visas to the United States are processed for citizens and residents of the United Kingdom at the U.S. Embassy in London.

To apply for an immigrant visa, a foreign citizen seeking to immigrate generally must be sponsored by a U.S. citizen or lawful permanent resident immediate relative(s), or prospective U.S. employer, and have an approved petition before applying for an immigrant visa. The sponsor begins the process by filing a petition on the foreign citizen’s behalf with U.S. Citizenship and Immigration Services (USCIS).  You may wish to review our Directory of Visa Categories – usvisas.state.gov to learn about the different types of immigrant visas to the United States, including our Diversity Visa Program.  Then, follow the steps on the Immigrant Visa Process, or on the Diversity Visa Process, on usvisas.state.gov to begin applying for an immigrant visa.

Once USCIS has approved your petition and you have completed pre-processing with the National Visa Center (NVC), or if you have been selected in the Diversity Visa Lottery and completed processing with the Kentucky Consular Center (KCC), review the instructions given to you by the NVC or the KCC, along with the information presented on this website, for further guidance and instructions.

European Travel Info & Health Advisory:advice on travel for UK citizens and Global Health Advisory

Immigrant Visas

Sours: https://uk.usembassy.gov/visas/immigrant-visas/


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