IR & CR Visa

Dieses Thema im Forum "Visa für Verlobung und Ehe (K-1, K3/4, V und CR-I)" wurde erstellt von garfieldshome, 12. Februar 2009.

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  1. garfieldshome

    garfieldshome New Member Ehe-GC

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    If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live.

    Read below, when your US spouse is already in the USA

    They are:
    - Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.
    - Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.

    With IR1 or CR1, the spouse will get a visum and after activating it thru entering the USA, the spouse will be issued a green card.

    With K3, the spouse will get a visum and after activating it thru entering the USA, the spouse has to file for adjustment of status (AOS) to receive the green card.

    Immigrant Visa for a Spouse (IR1 or CR1)

    How Does My Spouse (Husband/Wife) Get an Immigrant Visa?
    The first step is to file a Petition for Alien Relative, Form I-130 for your spouse (husband or wife) to immigrate to the United States.
    Petition for Alien Relative

    You file the petition with the Department of Homeland Security, U.S. Citizenship and Immigrations Services (USCIS) immigration Field Office in the United States that serves the area where you live.
    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO

    Sometimes a U.S. citizen living abroad can file an immigrant visa petition at an U.S. embassy or consulate (post). 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 select U.S. embassy or consulate abroad:
    Department of State - Websites of US Embassies, Consulates, & Diplomatic Missions

    What is a “Spouse”?
    A spouse is a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration, but only if the laws of the country where the common-law marriage occurs recognizes common-law marriages and grants them all the same rights and obligations as a traditional marriage. In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

    Minimum Age Requirement for the Petitioner
    There is no minimum age to file a petition for a spouse for immigration. However, you must be 18 years of age and have a domicile in the U.S. before you can sign the Affidavit of Support, Form I-864, and this form is required for an immigrant visa for spouses and other relatives of U.S. sponsors.

    U.S. Domicile Is Required
    You must have a domicile (residence) in the United States before we can issue an immigrant visa to your spouse. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all Spouse of a U.S. Citizen (IR-1) immigration cases.

    What Does the National Visa Center Do?
    After a Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) office in the United States approves the petition, it sends the petition to the National Visa Center (NVC). NVC does the following (no attorney):
    - Assigns a case number to the petition.
    - Send Form DS-3032, Choice of Address and Agent, to the applicant and the Affidavit of Support processing fee bill to the petitioner.
    - After the applicant selects an agent, the NVC will send the immigrant visa processing fee bill to the agent. Note: The agent does not need to be an attorney.
    - After the immigrant visa application processing fee has been paid, the NVC will send instructions to the agent, which explain the Applicant Document Process.
    - After the Applicant documents are submitted to the NVC, the NVC will review the information submitted for technical correctness and completeness.
    - After the Affidavit of Support processing fee is paid, the NVC will send an instruction letter to the petitioner, which explains the Affidavit of Support Process.
    - After the Affidavit of Support documents are submitted to the NVC, the NVC will review the information submitted for technical correctness and completeness.
    - After reviewing the submitted documentation, and the file is complete with all the required documents, the NVC will send the petition to the embassy or consulate where the applicant will apply for a visa when the case file is complete. For certain embassies/consulates, the NVC will schedule the applicant's interview. Approximately one month before the applicant's scheduled interview appointment with a consular officer, all interested parties (applicant, petitioner, and third-party agent, if applicable) will receive an appointment letter containing the date and time of the applicant's visa interview along with instructions for obtaining a medical examination.

    Note: It is important to follow instructions from the NVC carefully. Send the NVC documentation (or paying fees) when they were not requested by the NVC will result in a delay in processing.

    How Do I Pay the Fees for the National Visa Center (NVC) Services?

    The NVC sends bills for certain fees at the appropriate time in the immigrant visa process. It sends bills for these services to the following people:

    Bill for processing the I-864, Affidavit of Support to the petitioner
    Bill for immigrant visa processing to the agent
    The NVC sends a correctly addressed, return envelope with the bills.

    Remember these important things:

    It is important that you use the return envelope provided to you, when paying the fees
    Don't forget to put the correct postage on the envelope
    Don't pay the bill until the NVC tells you to do so
    Don't send payments to the NVC at Portsmouth, New Hampshire

    For further information see National Visa Center. National Visa Center

    Upgrading a Petition - If You Were an LPR and Now are an American Citizen
    If you filed a petition for your spouse when you were a lawful permanent resident (LPR), and now you are an U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your citizenship to the National Visa Center (NVC). To prove that you are a U.S. citizen, you can send:

    A copy of the biodata page of your U.S. passport; or
    A copy of your certificate of naturalization

    If you are now a U.S. citizen, you must file separate immigrant visa petitions for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now. A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his/her parent's F2 petition. A child is not included in his/her parent's IR petition.


    Applying for a Visa
    An appointment package is sent to the agent or the applicant. (See note below.) The appointment package gives the applicant an interview date and tells you the specific requirements of the visa. It includes instructions on where to go to have the required medical examination. During the interview process, an ink-free, digital fingerprint scan will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer. In general, the following is required:

    - A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States (unless country-specific agreements provide exemptions).
    - Birth certificate
    - Divorce or death certificate of any previous spouse
    - Marriage certificate
    - Police certificate from all places lived since age 16
    - Medical examination
    - Evidence of financial support. A completed Form I-864 Affidavit of Support from petitioner/ sponsor is required. Affidavit of Support Under Section 213A of the Act
    - Application for Immigrant Visa and Alien Registration, Form DS-230, both Part I and Part II http://www.state.gov/documents/organization/81807.pdf
    - Two immigrant visa photos
    - Proof of the marriage and the husband/wife relationship
    - Payment of immigrant processing fees, as explained below

    An applicant may bring marriage photographs and other proof that the marriage is genuine. Documents in foreign languages should be translated. The consular officer may ask for more information.

    Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the immigrant visa interview. Original documents can then be returned to you.

    Note: The National Visa Center sends appointment packages to the agent for applicants in certain countries when the petitions are filed in the United States . The embassy or consulate sends appointment packages to applicants in all other countries. It also sends appointment packages to all applicants whose petitions are already at the embassy or consulate.

    Fees - How Much Does It Cost?
    Fees are charged for the following services:
    Form I-130: $355.00
    Form DS-230: $355.00
    Reviewing an I-864 (for petitions filed in the United States ) = $0
    Medical examination: costs vary, around Euro 120.00
    Fingerprinting fees, if applicable: $80.00
    Other costs may include translation and photocopying charges, fees for getting the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.) and travel expenses to go to the embassy or consulate for the interview. Costs vary from country to country and case to case.


    For current fees for Department of State government services select Fees. Fees for Visa Services

    Vaccination Requirements
    United States immigration law requires immigrant visa applicants to obtain certain vaccinations prior to the issuance of an immigrant visa. Panel physicians who conduct medical examinations of immigrant visa applicants are required to verify that immigrant visa applicants have met the vaccination requirements. See IV Vaccination Requirements for the list of required vaccinations and additional information.

    All applicants for immigrant visas are required to have the following vaccinations, if appropriate, for age, medical condition, or medical history:
    -- Acellular pertussis
    -- Hepatitis A
    -- Hepatitis B
    -- Human papillomavirus (HPV)
    -- Influenza
    -- Influenza type b (Hib)
    -- Measles
    -- Meningococcal
    -- Mumps
    -- Pneumococcal
    -- Pertussis
    -- Polio
    -- Rotovirus
    -- Tetanus and diphtheria toxoids
    -- Varicella
    -- Zoster

    Embassy of the U.S. London: Vaccination Chart
    Vaccination Requirements for IV Applicants


    Does a Child Have Derivative Status?
    No. A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his/her parent’s F2 petition. A child is not included in his/her parent's IR petition.

    If you are a U.S. citizen, you must file separate immigrant visa petitions for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now.

    Remember that children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will decide whether your child is a U.S. citizen and can have a passport. If the consular officer decides your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S.

    Termination of All Previous Marriages
    U.S. law does not allow polygamy. If you were married before, you and your spouse must both show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you can file only for your first spouse.


    What Is Conditional Residence?
    If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a CR ( conditional resident ) visa, not an IR ( immediate relative ) visa.

    You and your spouse must apply together to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) to remove the “condition” within the ninety days before the two year anniversary of your spouse’s entry into the United States on an immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See How Do I Remove the Conditions on Permanent Residence Based on Marriage? How Do I Remove The Conditions On Permanent Residence Based On Marriage?


    How Long Does It Take?
    The length of time varies from case to case according to its circumstances, and cannot be predicted for individual cases with any accuracy. Some cases are delayed because the applicants do not follow instructions carefully. Sometimes the petitioner cannot meet Affidavit of Support requirements. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

    What Can Be Done If the Petition Gets Lost?
    We don’t want this to happen, but occasionally it does. Files can get misfiled; shipments of visa files have been lost. Usually a misfiled petition can be located, but in an emergency an embassy or consulate can issue a visa from the computer record and an original Notice of Action approval (Form I-797) from the U.S. Citizenship and Immigration Services (USCIS).

    Give the consular section time to locate the file, and it probably will. But all is not lost if the petition is really gone. Be sure to keep all correspondence you receive from the USCIS.

    What If the Applicant Is Ineligible for a Visa?
    Certain conditions and activities may make you, the applicant, ineligible for a visa. Examples of these ineligibilities are:

    Drug trafficking
    Having HIV/AIDS
    Overstaying a previous visa
    Practicing polygamy
    Advocating the overthrow of the government
    Submitting fraudulent documents
    The consular officer will inform you if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. See Classes of Aliens Ineligible to Receive Visas for more information. Classes of Aliens Ineligible to Receive Visas


    How Do I Find the Regulations about Immigrant Visas?
    To read the relevant Department of State regulations on immigrant visas in 9 FAM 40.1 Note 1 and 9 FAM 42, select Foreign Affairs Manual (FAM). Regulations

    How to Apply for a Social Security Number Card
    Before your spouse arrives in the United States, you can help them learn how to apply for a social security number card. To learn more about this process, visit the website for the Social Security Administration. Social Security Online | Social Security Numbers and Immigrant Visas

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