Immigrant Visas

• I intend to marry/I am married to an American citizen, and we plan to move to the United States. What do we do?
• What documents are required to appear for my IV interview?
• Where can I find information about obtaining police certificates?
• Is a medical examination necessary for the issuance of my immigrant visa?  What     steps do I have to take for its completion?
• How long will I have to travel into the United States once the visa is issued?
• What if I cannot travel during the validity period of the visa?
• What if I have not maintained a residence in the United States?
• What if I have no intention of re-establishing a residence in the U.S?
• If I do not meet the U.S. residence requirement, can a joint sponsor file an I-864?
• You refer to a number of forms on the Affidavit of Support; which form do you require?
• I do not have copies of my tax returns; can I submit an electronic summary of the returns, which I provided to the IRS?
• I filed the immigrant visa petition, but can I be a sponsor if I am currently unemployed/retired/student and I am not earning an income?
• What if I am an LPR and have been outside the United States for longer than twelve months?

I intend to marry/I am married to an American citizen, and we plan to move to the United States. What do we do?

If you are already married and intend to move to the United States in the near future, then your American citizen spouse must file the immediate relative petition, form I-130.

If you are planning to marry in the U.S., a fiancé(e), (K-1) petition must be filed by the American citizen in the United States at the United States Citizenship and Immigration Services (USCIS) office where he/she resides, before the alien fiancé(e) enters the U.S.  Once the petition is approved, it is forwarded to the Embassy with jurisdiction over the case. 

A fiancé(e) visa allows the alien to enter the United States with the intent to marry.  The marriage must take place within 90 days after arrival in the United States.  After the marriage takes place, the alien spouse must apply to the USCIS to change status.  During this time period, the alien must not leave the United States until the immigration process has been finalized and residency has been granted.    USCIS provides details at website: http://www.uscis.gov.

What documents are required to appear for my IV interview?

All applicants must submit certain personal documents such as passports, birth certificates, marriage certificate, police certificates, a penal record for judicial purpose is requested, court and prison records, as well as evidence that they will not become public charges in the United States, military record, and other civil documents. The consular officer will inform visa applicants of the documents needed as their applications are processed.

Where can I find information about obtaining police certificates?

The information is on the Department of State's website.  Find the country where you have lived and look under Police Record section.  For your country of birth, you will require a police certificate if you have resided there for at least six months since your sixteenth birthday.  The period of residence is twelve months, for any other country.

Is a medical examination necessary for the issuance of my immigrant visa?  What steps do I have to take for its completion?

Yes, a medical examination completed by a designated panel physician is necessary for the issuance of an immigrant visa.  You must contact one of the panel physicians to make an appointment for your medical examination.  Your examination MUST be completed before you come for your interview with the Consular Officer.

How long will I have to travel to the U.S. once the visa is issued?

Immigrant and fiancé(e) visas are normally valid for travel to the United States for six months from the date on which they are issued.  K3 visa holders are issued a visa valid for travel for two years.  Please refer to the individual visa sections for further information.

What if I cannot travel during the validity period of the visa?

You should return the unused visa to the Immigrant Visa Unit with a letter explaining why you were unable to travel.  Depending on the reasons for not using the visa, it may be possible to re-issue a new visa following payment of new visa processing fees and the updating of any documents as necessary.

What if I have not maintained a residence in the United States?

If you are acting as a petitioner or sponsor, you are required to show that you have maintained a residence (“domicile”) in the United States.  However, in cases where a sponsor may have abandoned his or her residence in the United States to live abroad, may have not resided there since childhood, or in some cases, may never have resided there, he or she will not automatically be disqualified to act as a petitioner or sponsor.  In such cases, the question becomes do you intend to reestablish a residence in the United States.  If this is indeed your intention, and you can prove that you have maintained or intend to establish U.S. residence, it may be possible for you to act as a sponsor.

You may meet this requirement by showing that you have taken or will take a credible combination of steps to make the U.S. your immediate principal place of residence.  Such steps may include finding employment, locating a place to live, or registering children in U.S. schools. 

What if I have no intention of re-establishing a residence in the U.S?

In order to file an Affidavit of Support, the sponsor must be a "resident" of the United States as described above.  If you do not maintain a residence in the United States and have no intention of re-establishing a residence there, it will not be possible for you to act as sponsor.  If you cannot act as a sponsor, it will not be possible for your relative to qualify for immigration on the basis of an immigrant visa petition that you filed as the petitioner.

If I do not meet the U.S. residence requirement, can a joint sponsor file an I-864?

No, if you, as the sponsor, do not qualify because you do not meet the domicile requirement, a joint sponsor cannot be used.  The petitioner must first meet all of the requirements of a sponsor, including domicile in the United States, before there can be a joint sponsor.

You refer to a number of forms on the Affidavit of Support; which form do you require?

Petitioners must complete the form I-864 or I-864EZ.  We require photocopies of your Federal Tax Return, Form 1040, 1040A or 1040EZ.  If you filed your tax return electronically you should furnish the Form 1722.

I do not have copies of my tax return; can I submit an electronic summary of the return, which I provided to the IRS?

Yes.

I filed the immigrant visa petition, but can I be a sponsor if I am currently unemployed/retired/student, and I am not earning income?

As the petitioner you are required, by law, to file an I-864 even if you do not earn income.  If you do not earn enough to meet the minimum guidelines, you may add the value of your assets and/or income and assets of your household members, if they are willing.  If this still does not meet the federal poverty guidelines, a joint sponsor will be required to file an I-864.

How long can I remain outside the United States with my Permanent Resident Card (green card)?

You will maintain status, provided you do not remain outside the United States for longer than one calendar year and you maintain a bona fide domicile in the United States.  Failure to return to the United States within one calendar year may jeopardize permanent resident status.  If you are in possession of a valid re-entry permit (form I-131) issued by the United States Citizenship and Immigration Services (USCIS) you must return to the United States before the permit expires.  You should be aware, however, that the final determination on your eligibility for admission into the United States rests with the USCIS at the port of entry. 

What if I am and LPR and have been outside the United States for longer than twelve months?

If you are not in possession of a valid re-entry permit, or your re-entry permit has expired, you will require a new immigrant visa to re-enter the United States to resume your residence there.  You may wish to contact the DHS for further information.