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09-18-2006, 05:49:38 PM
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K-1, K-3, Direct Consular Filing
Da gerade in letzter Zeit immer wieder Frage auftauchen, wie die Voraussetzungen und Bestimmungen sind, entweder wenn man Verlobt oder Verheiratet ist mit einem US-Citizen, habe ich nachfolgend die Bestimmungen zu:
K-1 Visum - Verlobten- K-3 Visum - Verheirateten- DIRECT CONSULAR FILING -DCF- nach aktuellem Stand zusammengefasst. Es werden die notwendigen Schritte beschrieben, mit den erforderlichen Forms, einschliesslich der Gebuehren. Sollten Fehler bemerkt werden, bitte ich um kurze Mitteilung. Gruss Michael
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Der Kluge lernt aus allem und von jedem, der Normale aus seinen Erfahrungen und der Dumme weiß alles besser. -Sokrates- Last edited by CWR2005; 04-30-2008 at 05:02:26 PM. |
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09-18-2006, 05:50:15 PM
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Spouse and Fiance(e) of an American Citizen
Spouse - If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are:
Gruss Michael
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Der Kluge lernt aus allem und von jedem, der Normale aus seinen Erfahrungen und der Dumme weiß alles besser. -Sokrates- |
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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. Hier zu finden: 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?ac...office_type=LO For instructions on how to file a petition see Petitioning Procedures: Bringing a Spouse (Husband of Wife) to Live in the United States 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: http://usembassy.state.gov/ 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:
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:
Remember these important things:
http://travel.state.gov/visa/immigrants/types/types_1309.html 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:
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. In general, the following is required:
Hier zu finden: Affidavit of Support Under Section 213A of the Act [*]Application for Immigrant Visa and Alien Registration, Form DS-230:http://foia.state.gov/FORMS/visa/ds0230.pdf both Part I and Part II = $335
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:
Vaccination Requirements In general, applicants for immigrant visas are required to have all of the following vaccinations:
Bring your vaccination records to the immigrant visa medical examination, if you have them. The panel physician decides which vaccinations you will need, appropriate to your age, medical condition and medical history. 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). Petition to Remove the Conditions of Residence 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. In addition, the consular section may need to get a security clearance for the applicant. Security clearances take time. 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:
http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html 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). http://foia.state.gov/REGS/Search.asp 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. http://www.ssa.gov/ssnvisa/help_immigrant.htm General Visa Questions
July 2006 http://travel.state.gov/visa/immigrants/types/types_2991.html Gruss Michael
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Der Kluge lernt aus allem und von jedem, der Normale aus seinen Erfahrungen und der Dumme weiß alles besser. -Sokrates- Last edited by CWR2005; 04-30-2008 at 04:31:16 PM. Reason: link update |
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Nonimmigrant Visa for a Fiance(e) (K-1)
What Is a “Fiancé(e)”? A fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place. In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage. Sometimes the USCIS considers a person a "fiancé(e)" even though a marriage contract has been concluded. In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage. How Does a Fiancé(e) Visa Work? If you are an American citizen and you want your foreign fiancé(e) to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancé(e) in the United States. Filing the Petition You must file the Petition for Alien Fiancé(e), Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. See the instructions for the I-129F for information on where you can file the petition. Hier zu finden: Petition for Alien Fiance(e) Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad. After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where your fiancé(e) will apply for a K-1 nonimmigrant visa for a fiancé(e). What Should I Know about International Marriage Broker Regulation Act (IMBRA)? Detailed information about the International Marriage Broker Regulation Act (IMBRA) of 2005 petition requirements are shown in the new Form I-129F, Petition for Alien Fiancé(e) instructions. Extending the Petition The I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed. A Fiancé(e) Is Also an Immigrant Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Applying for a Visa The consular section at the embassy or consulate where you, the fiancé(e) of an American citizen, will apply for a visa, will tell you about any additional specific requirements that you need to fulfill to complete your visa application, such as where you need to go for the required medical examination. The following is required:
Affidavit of Support
Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the interview. Original documents can then be returned to you. Fees - How Much Does It Cost? Fees are charged for the following services:
http://travel.state.gov/visa/temp/types/types_1263.html#perm Vaccination Requirements All applicants for immigrant visas are required to have the following vaccinations, if appropriate, for age, medical condition, or medical history:
http://www.usembassy.org.uk/cons_new/visa/iv/vaccinechart.html What Must Happen After Getting the Fiancé(e) Visa? After getting the fiancé(e) visa, your fiancé(e) enters the U.S. through a U.S immigration port-of-entry. The U.S. immigration official gives your fiancé(e) instructions on what to do when he/she enters the United States. You must get married within 90 days of your fiancé(e)’s entry into the United States. After marriage, your spouse must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR). See Permanent Resident at the Department of Homeland Security's, USCIS internet site. Hier zu finden: Application To Register Permanent Residence or Adjust Status Affidavit of Support Under Section 213A of the Act Application Procedures: Becoming a Permanent Resident While in the United States Can a K-1 Visa Holder Leave the United States? The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States. See Emergency Travel for information on how to get a travel document that allows you to return to the United States. Application for Travel Document Emergency Travel Can a K-1 Visa Holder Work in the United States? As a K-1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document). Application for Employment Authorization Children Have Derivative Status The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required. Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18. How Long Does It Take? The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. (It is important to give correct addresses and telephone numbers.) In addition, the embassy or consulate may need to get security clearances for the applicant. Security clearances take time. What If the Applicant Is Ineligible for a Visa? Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:
http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html How Do I Find the Regulations on the K-1 Visa? To read relevant information regarding Department of State regulations on the K-1 fiancé(e) visas select Foreign Affairs Manual (FAM). http://foia.state.gov/REGS/Search.asp How to Apply for a Social Security Number Card Before your fiancé(e) arrives in the United States, you can help her or him apply for a social security number card. To learn more about this process, visit the website for the Social Security Administration. http://www.ssa.gov/ssnvisa/help_immigrant.htm Further Visa Inquiries Questions on visa application procedures and visa ineligibilities should be addressed to the American consular office abroad by the applicant. General Visa Questions
If you find that you need to submit an inquiry, to serve you better, please indicate the subject of your inquiry on the subject line (e.g., student visa, visitor visa, worker visa, spouse visa, affidavit of support, etc.) July 2006 http://travel.state.gov/visa/immigrants/types/types_2994.html Gruss Michael
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Der Kluge lernt aus allem und von jedem, der Normale aus seinen Erfahrungen und der Dumme weiß alles besser. -Sokrates- Last edited by CWR2005; 04-30-2008 at 04:39:15 PM. Reason: link update |
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Nonimmigrant Visa for a Spouse (K-3)
What Is a K-3 Visa? Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status. What Is a "Spouse"? A spouse is a legally wedded husband or wife. Cohabiting partners (To live together without a legal marriage ceremony) do not qualify as spouses for immigration purposes. Common-law spouses (An agreement between a man and woman to enter into marriage without a civil or religious ceremony. It may not be recognized as a marriage for immigration purposes) may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy only the first spouse qualifies as a spouse for immigration. U.S. law does not allow polygamy (Having more than one husband or wife at the same time. Polygamy is illegal under American law). If you were married before, you and your spouse must 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 may file only for the first spouse. Filing - Two Petitions are Required You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition. Hier zu finden: Petition for Alien Relative You next file Petition for Alien Fiancé(e), form I-129F for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to the Department of Homeland Security USCIS address given in the instructions. Hier zu finden: Petition for Alien Fiance(e) National Visa Center (NVC) Sends Petition To Post After the USCIS approves the I-129F, it sends it to the National Visa Center (NVC). The NVC sends the petition electronically to the embassy or consulate in the country where the marriage took place. If your marriage took place in the United States, the NVC sends the petition to the embassy or consulate that issues visas in the country of your spouse's nationality. http://travel.state.gov/visa/immigrants/types/types_1309.html If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC sends the petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the United States does not have an embassy, the petition would be sent to Turkey. A Spouse of a U.S. Citizen (K-3) Is Also an Immigrant The spouse of an U.S. citizen applying for a nonimmigrant visa (K-3 applicant) must have an immigrant visa petition on his/her behalf by the U.S. citizen spouse. Therefore, the spouse of the U.S. citizen (the K-3 applicant) must meet some of the requirements of an immigrant visa. Applying for a Visa The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place. Here are the procedures to apply. The embassy or consulate will let you know any additional things to do, such as where you need to go for the required medical examination. The following is required:
Affidavit of Support
Documents in foreign languages should be translated. Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the visa interview. Original documents can then be returned to you. Fees - How Much Does It Cost? Fees are charged for the following services:[list][*]Filing an immigrant Petition for Alien Relative, Form I-130 = $190 [*]Filing a Petition for Alien Fiancé(e) Form I-129F = $170 [*]Applying for a nonimmigrant visa application processing fee, DS-156 = z.Zt EURO 85,- [*]Medical examination (costs vary from post to post) [*]Fingerprinting fees, if required = $70 Hier zu finden: Application To Register Permanent Residence or Adjust Status Application Procedures: Becoming a Permanent Resident While in the United States Affidavit of Support Under Section 213A of the Act
http://travel.state.gov/visa/temp/types/types_1263.html#perm Extending the Petition The I-129F petition is valid for four months from the date of approval. A consular officer can extend the validity of the petition (revalidate the petition) if it expires before you finish processing the visa. Children Have Derivative Status Children do not need separate Petition for Alien Relative, I-130 petitions, but you, the petitioner, must take care to name all your children on the Petition for Alien Fiance, I-129F petition. If you do not name the children on the petition, they may find it difficult to prove their identity as children of a K-3 applicant or person in K-3 status. You must file separate I-130 immigrant visa petitions for your children before they qualify for permanent residence. When they adjust status in the United States, they must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS Office that serves the area where you live. Remember that in immigration law children must be unmarried and under 21 years of age. See child. If the child is not named on the I-129F petition, will that be a problem? The K-4 visa will not be denied because the child's name is not listed on the I-129F petition. As long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa. Can a K-3 Visa Holder Work in the United States? As a K-3 visa holder, you can file form I-765, Application for Employment Authorization with the USCIS that serves the area where you live for an employment authorization document (work permit). Hier zu finden: Application for Employment Authorization How Long Does It Take? The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicants do not follow instructions carefully or supply incomplete information. (It is important to give us correct postal addresses and telephone numbers.) In addition, the embassy or consulate may need to get security clearances for the applicant. Security clearances take time. What If the Applicant Is Ineligible for a Visa? Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:
http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html How do I qualify for a child of a spouse (K-4) nonimmigrant visa status? To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse. While the U.S. citizen must also file an I-130 petition for the alien spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the alien's children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification. How does a K-4 child adjust status in the United States? The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence. Can those with K-3 and K-4 visas change to another non-immigrant visa category in the United States? K-3/K-4 visa holders cannot change status in the United States to another non-immigrant visa category. Can I travel and re-enter the U.S. on my K-3 or K-4 visa? Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S. , USCIS will not presume that the departure constitutes abandonment of an adjustment application. How Do I Find the Regulations on the K-3 Visa? For Department of State regulations on the K-3 visa select Foreign Affairs Manual (FAM). http://foia.state.gov/REGS/Search.asp How to Apply for a Social Security Number Card Before your spouse arrives in the United States , you can help her or him apply for a social security number card. To learn more about this process, visit the website for the Social Security Administration. http://www.ssa.gov/ssnvisa/help_immigrant.htm General Visa Questions
July 2006 http://travel.state.gov/visa/immigrants/types/types_2993.html Gruss Michael
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Der Kluge lernt aus allem und von jedem, der Normale aus seinen Erfahrungen und der Dumme weiß alles besser. -Sokrates- Last edited by CWR2005; 04-30-2008 at 05:01:36 PM. Reason: link update |
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Alle notwendigen Forms fuer die Verfahren :
AR-11 Change of Address Form Change of Address I-865 Sponsor's Notice of Change of Address Sponsor's Notice of Change of Address G-28 Notice of Entry of Appearance as Attorney or Representative Notice of Entry of Appearance as Attorney or Representative G-325A Biographic Information Biographic Information I-129F Petition for Alien Fiance(e) Petition for Alien Fiance(e) I-130 Petition for Alien Relative Petition for Alien Relative I-131 Application for Travel Document Application for Travel Document I-134 Affidavit of Support Affidavit of Support I-485 Application to Register Permanent Residence or to Adjust Status Application To Register Permanent Residence or Adjust Status oder/und Supplement A to Form I-485: Supplement A to Form I-485 I-693 Medical Examination of Aliens Seeking Adjustment of Status Report of Medical Examination and Vaccination Record I-765 Application for Employment Authorization Application for Employment Authorization I-864 Affidavit of Support Affidavit of Support Under Section 213A of the Act I-864A Affidavit of Support Contract Between Sponsor and Household Member Contract Between Sponsor and Household Member Poverty guidelines Poverty Guidelines DS-156: Nonimmigrant Visa Application https://evisaforms.state.gov/ds156.asp = Englisch https://evisaforms.state.gov/DS156_German.asp?lang=7 = Deutsch DS-157: Supplemental Nonimmigrant Visa Application http://foia.state.gov/FORMS/visa/ds0157.pdf DS-158: Contact Information and Work History for Nonimmigrant Visa Applicant http://foia.state.gov/FORMS/visa/ds0158.pdf DS-156K: Nonimmigrant Fiance(e) Visa Application http://foia.state.gov/FORMS/visa/ds0156k.pdf DS-230: Application for Immigrant Visa and Alien Registration http://foia.state.gov/FORMS/visa/ds0230.pdf DS-3032: Choice of Address and Agent http://foia.state.gov/FORMS/visa/ds3032.pdf Gruss Michael
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Der Kluge lernt aus allem und von jedem, der Normale aus seinen Erfahrungen und der Dumme weiß alles besser. -Sokrates- Last edited by CWR2005; 04-30-2008 at 04:53:29 PM. Reason: link update |
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Frequently Asked Questions: Immigration Information for Members of the U.S. Armed Forces and their Families
MEMBERS OF THE U.S. ARMED FORCES Q. I am in the military and have official Permanent Change of Station (PCS) orders reassigning me to an overseas duty station. Will the move impact my naturalization application? Do I qualify for expedited processing of my application? A. Your reassignment overseas should not impact your naturalization application. USCIS will continue to process your Application for Naturalization (Form N-400). Currently, a dedicated team at the USCIS Nebraska Service Center (NSC) processes all Form N-400s filed by members of the U.S. military. After the military assistance team completes their processing, they transfer the file to the appropriate overseas USCIS office, which schedules an interview and the naturalization oath ceremony overseas. You may ask to expedite handling of your application because of these special circumstances by: Calling the toll-free USCIS Military Help Line at, 1-877-CIS-4MIL (1-877-247-4645). Operator assistance is available from 8 a.m. to 4:30 p.m. Central Time, Monday through Friday, excluding federal holidays, or E-mailing USCIS’ military assistance team at: militaryinfo.nsc@dhs.gov, or Contacting your military installation’s designated USCIS liaison, who should request USCIS expedite your application. Q. I am stationed abroad serving on active duty in the U.S. Armed Forces, how can I notify USCIS of my new military address? A. Members of the military stationed abroad should notify USCIS of their new address by contacting the Military Help Line by e-mail: militaryinfo.nsc@dhs.gov, or telephone: 1-877-247-4645. We are working to add APO and FPO address changes to the on-line change of address tool and anticipate a solution soon. It is important to notify USCIS of your address change to receive so that you and your family may continue to receive information and correspondence about immigration benefits and services. Q. I am scheduled for an appointment at a USCIS office in the United States, but I am now at an overseas duty station. What do I do? A. If you have an appointment, an interview or are scheduled for an oath ceremony, and you have transferred overseas, contact USCIS and request we transfer your case to the nearest USCIS overseas office. Either you or your military installation’s liaison to USCIS can do this by e-mail: militaryinfo.nsc@dhs.gov, or telephone: 1-877-247-4645. SPOUSES OF MEMBERS OF THE U.S. ARMED FORCES Q. I am in the military and have PCS orders to an overseas duty station; does my spouse qualify for expedited processing of the Petition to Remove the Conditions of Residence (Form I-751)? A. If you or your spouse has official military orders to PCS overseas, you may ask USCIS to expedite the I-751 petition. Call USCIS at 1-877-4645 before you leave the United States. Q. My spouse left the United States, traveling on official PCS orders to join me overseas at our new duty station, but did not receive her/his permanent resident (green) card, after we filed the I-751 petition. What do we do? A. If you filed the Form I-751 in United States, e-mail or telephone the USCIS military assistance team and let us know your spouse did not receive a permanent resident (green) card. We will review your case and determine if your spouse’s card was produced and if USCIS can forward the card to your new APO/FPO address. Q. How can I expedite my Petition for Alien Relative (Form I-130) to bring my spouse to the United States? Is there any way she/he can enter the United States while the petition is being processed? A. Citizens of the United States, who are serving in the military and have a pending Petition for Alien Relative (Form I-130) on behalf of their spouse, may e-mail or telephone the USCIS military assistance team and ask for expedited processing of that petition. During that time, your spouse may enter the United States on a K-3 nonimmigrant visa. To get a K-3 visa, you must file a Petition for Alien Fiancé(é) (Form I-129F) on behalf of your spouse. An approved Form I-129F will allow your spouse to enter the United States. If USCIS approves the I-130 petition while your spouse is in the United States on a K-3 visa, she/he can file an Application to Register Permanent Residence or Adjust Status (Form I-485) to become a legal permanent resident. Q. I am a U.S. citizen and serving in the military, who in my family is considered as my immediate relative so that I may file a Petition for Alien Relative (Form I-130) on their behalf? A. In general, spouses, unmarried children younger than age 21 and parents of U.S. citizens are considered ‘immediate relatives’ to file a Petition for Alien Relative (Form I-130). This means they will not have to wait long to receive an immigrant visa or adjust status in the United States, because a visa number is immediately available. If you recently became a U.S. citizen and have Form I-130 pending with USCIS you can call the USCIS Military Help Line to request USCIS upgrade your relative’s visa category to ‘immediate relative’ status. Q. I am a legal permanent resident and serving in the U.S. Armed Forces, who in my family is considered as my immediate relative so that I may file a Form I-130 petition on their behalf? A. Spouses and unmarried children younger than age 21, of permanent residents are not considered ‘immediate relatives’ to file a Form I-130. Therefore, relatives of permanent residents may have to wait several years before immigrating because of the combination of high demand and the limits set by law on the number of persons who can immigrate each year. If you are a legal permanent resident, and have a pending Form I-130 petition on your spouse’s behalf, your spouse may be eligible to file for a V-1 nonimmigrant visa at a U.S. consulate overseas by concurrently filing the U.S Department of State Forms DS-3052 and DS-156 nonimmigrant visa applications. An application for the visa does not guarantee your spouse will qualify for the V-1 visa. If approved, the V-1 visa, like the K-3 visa, will permit your spouse to lawfully enter the United States and then adjust his or her status to lawful permanent resident when his or her immigrant visa number becomes available. For specific information about the K-3 and V-1 visas, please see the U.S. Department of State Web page. A link to the U.S. Department of State Web page can be found in the "Related Links" section on the upper right-hand side of this page. FIANCÉ(E)S OF MEMBERS OF THE U.S. ARMED FORCES Q. I am in the military and am engaged to marry a non-citizen. I filed a Petition for Alien Fiance(é) (Form I-129F) to bring my fiancé(e) into the United States. Do we qualify for expedited processing of the petition? A. If you are a U.S. citizen and have Form I-129F, Petition for Alien Fiance(é), pending on your spouse’s behalf, you may ask USCIS to expedite the processing of Form I-129F by calling the Military Help Line. If you are a U.S. citizen and do not plan to marry your fiancé(e) before he or she enters the United States, you may file the Form I-129F petition on his or her behalf. If you are outside the United States, you can mail the forms to the appropriate USCIS Service Center listed on the Form I-129F instructions. (Unlike a U.S. citizen, a lawful permanent resident cannot file a Form I129F.) After USCIS approves the Form I-129F, your fiancé(e) may file an application for a K-1 nonimmigrant visa at a U.S. Consulate overseas. A K-1 visa allows your fiancé(e) to enter the United States to marry you, and for no other purpose. If you and your fiancé(e) do not marry within 90 days of his or her admission to the United States, the K-1 visa will expire. If you marry your fiancé(e) within those 90 days, your spouse may file to become a lawful permanent resident by filing an Application to Register Permanent Residence or Adjust Status, (Form I-485). For more information, please review the Department of State Web page, linked on the "Related Links" section on the upper right-hand side of this page. OVERSEAS APPLICATION PROCESS Q. How does overseas processing work? A. Overseas processing of immigration benefits depends on the type of application or petition. For example, USCIS can process an Application for Naturalization, (Form N-400) filed by members of the military who are stationed overseas. The service member must work with the installation’s designated USCIS liaison to coordinate the request for processing with the appropriate USCIS office overseas. If the service member is already overseas, contact the overseas USCIS office at the following e-mail address: For inquiries from the Rome District, including Iraq: email Rome.Natz@dhs.gov For inquiries from Germany, email USCIS.frankfurt@dhs.gov For inquiries from Japan or South Korea, email CIS-Seoul.Natz@dhs.gov For inquiries from Afghanistan, email USCIS.Afghanistan@dhs.gov The service member may also telephone or e-mail the USCIS military assistance team to request overseas processing. Currently, a dedicated team at the USCIS Nebraska Service Center (NSC) processes all Form N-400s filed by members of the U.S. Armed Forces. After the military assistance team completes their processing, they transfer the file to the appropriate overseas USCIS office, which schedules an interview and the naturalization oath ceremony overseas. Q. Can USCIS process my spouse or children’s application overseas? A. It depends on the type of application and where you and your children are stationed overseas. Please see the following for guidance: Form I-130, Petition for Alien Relative: If you are a military member stationed abroad, you can file the Form I-130 either at a USCIS Office overseas or U.S. consulate. Please go to our Home page and click on “Services & Benefits” then look under “Immigration Overseas Offices” to determine the USCIS office overseas with jurisdiction over your location. If you do not live near an overseas USCIS office, then you may file the Form I-130 with the State Department through the U.S. Consulate with jurisdiction over your location. Form N-400, Application for Naturalization: A spouse of a service member may proceed with his or her naturalization application overseas if the spouse is residing abroad on official U.S. military orders. Please refer to the fact sheet: “Requirements for Naturalization Abroad By Spouses of Members of the U.S. Armed Forces” on our "Information for Members of the Military and Their Families" page, linked under "Related Links" on the upper right-hand side of this page, for filing instructions and additional information. Form I-485, Application to Register Permanent Residence or Adjust Status: Form I485 may only be filed by applicants who are inside the United States seeking lawful permanent residence. If the person is overseas, they must apply for a visa with the U.S. Embassy or consulate overseas. Please see above for more information about visa processing through the U.S. Embassy or consulate overseas. The service member (petitioner) should work directly with the U.S. Embassy or consulate to determine if the U.S. Department of State can expedite issuing the relative’s (beneficiary’s) visa. For more information regarding visas, please see the Department of State webpage, linked under "Related Links" on the upper right-hand side of this page. N-600K, Application for Citizenship and Issuance of Certificate under Section 322: Eligible children of members of the military may also benefit from overseas processing of their applications for citizenship under section 322 of the Immigration and Nationality Act, if those children live abroad with the military member on official orders. Please refer to the fact sheet: “Overseas Naturalization Eligibility for Certain Children of U.S. Armed Forces Members” located on our "Information for Members of the Military and Their Families" page, linked under "Related Links" on the upper right-hand side of this page, for filing instructions and additional information. Form I-751, Petition to Remove Conditions on Residence: You may file a Form I-751 while you and your spouse are overseas on official government orders. You should mail Form I-751 to the USCIS Service Center having jurisdiction over your residence of record in the United States if you are overseas on official government orders. Please refer to the information on the form, located under "Related Links" on the upper right-hand side of this page, for specific filing requirements. – USCIS – Frequently Asked Questions: Immigration Information for Members of the U.S. Armed Forces and their Families
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