Immigrant Visa Processing

FIRST STEP - Filing the I-130 Petition

An American citizen or a Legal Permanent Resident (the petitioner) normally files an I-130 Form (Petition for Alien Relative) with the United States Citizenship and Immigration Service (USCIS) office having jurisdiction over the petitioner’s place of residence. In limited instances, however, the I-130 petition, which is filed on behalf of an alien relative (the beneficiary) who wishes to immigrate to the United States, may be filed directly at the U.S. Embassy in Kyiv. The Embassy accepts I-130 petitions only from American citizens and only if the petitioner and/or the beneficiary are residents of Ukraine. American citizens filing I-130 petitions MUST be present at the Embassy at the time of filing. U.S. Legal Permanent Residents can file I-130 petitions ONLY in the United States.

The consular officer can normally approve the I-130 petition immediately, provided that the petition meets all documentary requirements, the petitioner is physically present, and the petition is "clearly approvable." Certain I-130 petitions may be forwarded to the regional USCIS office in Moscow, Russia for further consideration.

Please remember that I-130 petition approval is only the first phase of the immigrant visa process. Petition approval is not a visa approval. The petition only supplies the basis upon which the beneficiary can apply for an immigrant visa. The final decision about visa issuance is made by the consular officer after the petition has been processed, required documentation has been submitted and reviewed, and the beneficiary has been interviewed.

American citizens can file an I-130 petition with the Embassy for the following categories of immediate relatives:

IMPORTANT INFORMATION for Petitioners:

When completing the petition, be sure to list ALL names previously and currently used by the beneficiary, including maiden or prior married names as well as alternate spellings. Failure to do so will result in a delay of visa issuance. A separate form must be filed for each eligible relative/beneficiary.

The fee for filing each I-130 petition is $185, payable only in U.S. dollars cash.

DOCUMENTS REQUIRED TO FILE THE I-130 PETITION:

If the petition is filed for husband/wife (visas IR1/CR1):

1. I-130 petition (completed and signed by the petitioner)
2. Biographic Information Form G-325A completed and signed by the beneficiary with a color photograph attached (see photograph requirements here)
3. Biographic Information Form G-325A completed and signed by the petitioner with a color photograph attached (see photograph requirements here)
4. Petitioner’s U.S. passport (original and photocopy)
5. Original or photocopy of beneficiary’s international passport (if it is not available at the time of filing the petition, submit the beneficiary’s internal passport)
6. Original, copy and English translation of the marriage certificate
7. Original, copy and English translation of documents showing that all prior marriages were legally terminated (for both petitioner and beneficiary)
8. Original, copy and English translation of documents showing any/all beneficiary’s name changes (marriage certificates, court decrees, etc.)
9. Original, copy and English translation of beneficiary’s birth certificate
10. Evidence of an ongoing relationship (photos, letters, phone bills, etc.)

If petition is filed for an unmarried child or stepchild under 21 years old (visas IR2/CR2):

1. І-130 petition (completed and signed by the petitioner; a separate form and filing fee is required for each petition)
2. Petitioner’s U.S. passport (original and photocopy)
3. Original, copy and English translation of the marriage certificate of the step-parent to the child’s natural parent showing that this marriage occurred before the child’s 18th birthday
4. Original, copy and English translation of the documents showing that any prior marriages of petitioner and child’s natural parent were legally terminated
5. The child’s photo (see photograph requirements here)
6. Original, copy and English translation of the child’s birth certificate
7. Original or photocopy of beneficiary’s international passport/child’s travel document (if available)

If petition is filed for a parent (IR5):

• Petitioner must be at least 21 years old
• І-130 petition (completed and signed by the petitioner)
• Petitioner’s U.S. passport (original and photocopy)
• Photo of beneficiary (see photograph requirements here)
• Original, copy and English translation of petitioner’s birth certificate showing his/her name and the parent’s name
• Original, copy and English translation of beneficiary’s birth certificate
• Original, copy and English translation of documents showing beneficiary’s name changes (marriage certificates, court decrees, etc.)
• Original, copy and English translation of the marriage certificate of the step-parent to the petitioner’s natural parent showing that this marriage occurred before the petitioner’s 18th birthday (if filed for a step-parent)
• Original, copy and English translation of the documents showing that any prior marriages of petitioner and petitioner’s natural parent were legally terminated (if filed for a step-parent)
• Original/Photocopy of beneficiary’s international passport (if available)

Please remember that all documents not originally in English must be accompanied by official (notarized) English translations. Originals will be returned to you immediately.

Affidavit of Support I-864:

An Affidavit of Support (form I-864) is required for each person immigrating to the United States. Filing the I-864 form at the time of the I-130 submission is optional, but it will be required for all cases at the time of the immigrant visa interview. The I-864 must be notarized either by a consular officer at the U.S. Embassy or a U.S. notary public. Please note that this document must be submitted to the Embassy no later than six months after it is notarized. Instructions for completing the I-864 are attached. There is no fee for notarization of I-864 at the U.S. Embassy.

SECOND STEP - Processing the Case and Preparation for the Immigrant Visa Interview

Once a petition is approved, the Embassy will open a case for each Beneficiary and will complete all necessary administrative processing of the immigrant visa application. Normally this process is completed within 30 days after the petition’s approval, but if additional clearances or administrative processing is required, the processing time might be longer.

As soon as the I-130 petition is approved, the Embassy will hand out (or mail/email) the Information Packet directly to the Beneficiary (now called the visa applicant). The Information Packet tells the applicant which documents he or she must collect prior to the visa interview.

When the Applicant has collected all documents specified in the Information Packet, he or she should notify the Embassy by returning the forms from the Information Packet (KEV-1 and DS-230 Part I), certifying that all required documents have been obtained. There are three possible ways to deliver these to the U.S. Embassy:

fax to: 38-044-490-4570

send the scanned copies by e-mail to: kyivivREMOVE@REMOVEstate.gov

regular mail to:

American Embassy/Consular Section
Attn: Immigrant Visa Unit
#6 Pymonenko Street
Kyiv 01901
Ukraine

DO NOT RETURN THE FORMS WITH REGISTERED MAIL.

PLEASE DO NOT SEND ANY OTHER DOCUMENTS TO THE EMBASSY!

Once the administrative processing is complete and the forms KEV-1 and DS-230 (Part I) are received, the Embassy will send the Appointment Packet to the Applicant. The Appointment Packet contains an appointment date and reiterates the documentation the Applicant must provide at the time of the interview. The Appointment Packet also contains instructions for obtaining medical examinations from one of the panel physicians. There is one clinic in Ukraine that can perform these examinations. Below is the contact information for this clinic:

Applicant must apply for a visa within one (1) year after receiving the invitation from the Embassy pursuant to Section 203 (g) of the Immigration and Nationality Act.

THIRD STEP - Visa Interview

No assurance can be given in advance that a visa will be issued. A consular officer can make a decision only after the visa application and all documents are reviewed, and the Applicant has been personally interviewed. Applicants are advised not to make any travel arrangements, and not to dispose of their property or give up a job until the visa has been issued.

All applicants for immigrant visas must appear in person at the Consular Section for an interview. Applicants must have all the documents listed on the form KEV-1 and the invitation to the interview from the Application Packet.

Minor children under 14 do not need to attend the interview. Children aged 18 or older must have their own passports. Each person is issued a separate visa. The application fee for an immigrant visa is $335 plus a $45 security surcharge. Please note that the application and surcharge fees are non-refundable.

Applicants arriving at the Visa Section will be interviewed and required to give an oath by a consular officer. Their documents will be reviewed, and they will be advised of the outcome of their applications.

If the visa is approved, the Applicant will pay for the passport delivery service. This courier service will deliver the passport along with the immigration packet to be presented to the USCIS representative at the first of entry.

If the visa application is refused, the Applicant will be given a refusal sheet that will indicate the basis for refusal. If applicable, it will tell Applicant what actions he/she could take to overcome the refusal.

FOURTH STEP - What Happens Next?

Entering the U.S. and Removal of Conditional Status

An immigrant visa is valid for a maximum period of six months from the date of issuance. The immigrant must travel and apply for admission to the United States within that six months period. A visa may not be transferred from one person to another, or used by any person other than the one to whom it was issued.

Immigrants should be aware that a visa does not guarantee entry to the United States. The visa specifies the period during which the bearer may apply at a port of entry to enter the United States. The United States Citizenship and Immigration Service (USCIS) authorizes the traveler's admission to the United States, not the consular officer. Immigrants are required to present a passport with a valid visa and a sealed immigration packet, received from the Embassy.

Spouses of American citizens are admitted to the U.S. on a conditional status (CR1) if they were married for less than 2 years. Accordingly, children of such spouses are admitted to the U.S. on a conditional status as well (CR2 visas).

A Conditional Resident has the same rights and responsibilities as a permanent resident. Conditional residents must file either Form I-751 (Petition to Remove the Conditions on Residence), or Form I-829 (Petition by Entrepreneur to Remove Conditions) within 2 years of the date they were granted conditional permanent resident status. This date is usually the expiration date of the Permanent Resident Card. Immigrants should file these forms within 90 days of the 2-year anniversary of receiving conditional resident status. Failure to comply with these requirements could result in the loss of immigration status. For additional information about this status and USCIS procedures please contact USCIS at: www.uscis.gov.

FORM DOWNLOAD

I-130 - Petition for Alien Relative.
I-129F - Petition for Alien Fiancé(e).
I-864 - Affidavit of Support.
I-864A - Contract between Sponsor and Household Member.
G-325A - Biographic Information.
Form I-751 - Petition to Remove the Conditions on Residence
Form I-829 - Petition by Entrepreneur to Remove Conditions