Filing I-130 Petitions for Immediate Relatives Directly at the Consulate in Kyiv

First step - Filing the І-130 Petition

All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence (as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf).

American citizens who are resident in Ukraine are able to file I-130 petitions at the Consular Section for their immediate relatives BY APPOINTMENT ONLY. The appointments will be available on Tuesdays and Wednesdays at 10:00 a.m., except for all Ukrainian and American public holidays.

To schedule an interview to file an I-130 petition, applicants must use the call center.

The call center hours of operation are Monday-Friday 8:00 to 18:00, Kyiv local time. The Ukraine call center telephone number is 044-207-7071. If calling from the United States on behalf of relatives in Ukraine, the telephone number is 1-888-889-3780.

In order to acquaint Ukrainians with the call center feature, we have decided that beginning Monday, March 26 and continuing until April 9, the call center will provide visa information and schedule all appointments free of charge to the public.

On Tuesday, April 10, the call center will begin providing visa information and scheduling appointments for a fee of the Hryvnya equivalent of $12 for eight minutes. To pay for this service, you must purchase a personal identification number (PIN). You may purchase a PIN in three ways:

1. You can purchase your PIN with a credit card by telephoning the call center.
2. You can purchase your PIN from a designated local bank branch of ProCredit Bank*.
3. Finally, those who are not served by a ProCredit Bank branch may telephone the call center to schedule their appointment and purchase their PIN at the ProCredit Bank branch in Kyiv at the same time they pay their MRV fee.

Information about PIN payment options is available by telephoning the call center at 044-207-7071.

* ProCredit Bank will be selling the PINs at the following locations:

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:

• Spouse (IR-1 or CR-1 visas)
• Unmarried child under 21 years old (IR-2 visa)
• Step-child, if the marriage that created the relationship took place before the child’s 18th birthday(CR-2 or IR-2 visas)
• Parent, if the petitioner is at least 21 years old (Visa IR-5)

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 $355, payable only in U.S. dollars cash.

DOCUMENTS REQUIRED TO FILE THE I-130 PETITION:

1. If the petition is filed for husband/wife (visas IR1/CR1):
   • I-130 petition (completed and signed by the petitioner)
   • Biographic Information Form G-325A 4 pages completed and signed by the beneficiary with a color photograph attached (see photograph requirements attached)
   • Biographic Information Form G-325A 4 pages completed and signed by the petitioner with a color photograph attached (see photograph requirements attached)
   • Petitioner’s U.S. passport (original and photocopy)
   • 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)
   • Original, copy and English translation of the marriage certificate
   • Original, copy and English translation of documents showing that all prior marriages were legally terminated (for both petitioner and beneficiary)
   • Original, copy and English translation of documents showing any/all beneficiary’s name changes (marriage certificates, court decrees, change of name certificates, etc.)
   • Original, copy and English translation of beneficiary’s birth certificate
   • Evidence of an ongoing relationship (photos, letters, phone bills, etc.)
2. If petition is filed for an unmarried child or stepchild under 21 years old (visas IR2/CR2):
   • І-130 petition (completed and signed by the petitioner; a separate form and filing fee is required for each petition)
   • Petitioner’s U.S. passport (original and photocopy)
   • 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
   • Original, copy and English translation of the documents showing that any prior marriages of petitioner and child’s natural parent were legally terminated
   • The child’s photo (see photograph requirements attached)
   • Original, copy and English translation of the child’s birth certificate
   • Original or photocopy of beneficiary’s international passport/child’s travel document (if available)
3. If petition is filed for a parent or step-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 attached)
   • 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

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. It is important that the sponsor(s) carefully follow the instructions to determine which form needs to be completed, and how to complete the forms. Some procedures have changed, as highlighted in the Department of Homeland Security, Fact Sheet: Affidavits of Support (http://www.uscis.gov/graphics/publicaffairs/factsheets/AffSupp_062106FS.pdf.) Also, carefully follow the Checklist-Guidelines (http://travel.state.gov/pdf/I-864Checklist-Guidelines-Final.pdf) for Preparing the Affidavit of Support Forms.

Getting Started: We suggest that you start this way -

1 - Review the I-864W instructions and learn whether the exemption form should be used; if no,
2 - Review the I-864EZ instructions to find out if the Affidavit of Support short form applies; if no,
3 - If the above don’t apply, you probably will need to prepare the I-864, and possibly I-864A.

Click on one of the links below to read more:

Checklist - Guidelines (http://travel.state.gov/pdf/I-864Checklist-Guidelines-Final.pdf) for Preparing the Affidavit of Support Forms (I-864 series)
General Information and FAQs (Frequently Asked Questions) http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Download from the USCIS Website:

I-864W - Intending Immigrant’s Affidavit of Support Exemption - NEW - http://www.uscis.gov/files/form/I-864w.pdf
I-864EZ - Affidavit of Support - NEW - http://www.uscis.gov/files/form/I-864EZ.pdf
I-864 - Affidavit of Support - http://www.uscis.gov/files/form/I-864.pdf
I-864A - Contract Between Sponsor and Household Member - http://www.uscis.gov/files/form/I-864A.pdf
I-864P - 2006 Poverty Guidelines - http://www.uscis.gov/files/form/I-864p.pdf

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) Information Packet directly to the Beneficiary (now called the visa applicant). Information Packet tells the applicant which documents he or she must collect prior to the visa interview. Information Packet (Both English and Ukrainian versions) is available from the Embassy website at http://kyiv.usembassy.gov.

When the Applicant has collected all documents specified in Information Packet, he or she should follow the instructions in the packet and schedule the interview through a call center.

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 they receive passports with their visas.

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 Appointment Packet.

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 $355 plus a surcharge of $45 (total of $400). 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, 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 port 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: http://www.uscis.gov/portal/site/uscis.