FB-3 Visa: A comprehensive guide

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FB-3 Visa

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

Immigration to the United States of America is a complex and often lengthy process that requires both patience and precise knowledge of the legal requirements. This is especially true for family members who wish to immigrate to the U.S. through a family-based immigrant visa, such as the FB-3 visa. This comprehensive guide provides you with a detailed overview of the key steps, requirements and frequently asked questions about applying for an FB-3 visa.

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The FB-3 visa

1. what is an FB-3 visa?

An FB-3 visa is a family-based immigrant visa specifically designed for married children of US citizens. It belongs to the so-called "family preference" visa categories, which provide a fixed number of visas per year. This visa category has specific requirements that must be met in order to be approved.

Definition and purpose

The FB-3 visa aims to promote family reunification by allowing married children of US citizens to immigrate permanently to the US. This visa category recognizes the importance of family ties and provides a legal way to strengthen them.

Categories of family-based visas

The family-based immigrant visas are divided into different preference categories. The FB-3 visa falls into the third preference category, which is reserved specifically for married children of U.S. citizens. Other categories include:

  • FB-1 visa: For unmarried children of US citizens.
  • FB-2A visa: For spouses and unmarried children under the age of 21 of Green Card holders.
  • FB-2B visa: For unmarried children over the age of 21 of Green Card holders.
  • FB-4 visa: For siblings of US citizens.

Legal basis

The FB-3 visa is based on the provisions of the US Immigration Act, in particular the Immigration and Nationality Act (INA). This legal framework sets out the criteria and procedures for the granting of family-based visas.

Annual restrictions and quotas

The number of FB-3 visas available each year is limited by legal quotas. These restrictions can lead to significant waiting times as the demand for these visas often exceeds the annual supply. The exact number of visas available can vary from year to year, depending on the total number of immigration applications and other factors.

Advantages of the FB-3 visa

An FB-3 visa offers several advantages:

  • Family reunion: It enables married children of US citizens to move permanently to the USA and reunite their families.
  • Work permit: FB-3 visa holders can apply for a work permit that allows them to work legally in the US.
  • Path to citizenship: After a certain period of time, FB-3 visa holders can apply for U.S. citizenship and enjoy all the rights and privileges associated with it.

Restrictions and challenges

Despite the many advantages, there are also some restrictions and challenges associated with the FB-3 visa:

  • Long waiting times: Due to the annual quotas, the process can take several years.
  • Complex application process: Applying for an FB-3 visa requires extensive documentation and compliance with strict regulations.
  • Financial requirements: The US citizen sponsoring the visa must prove that he or she is able to provide financial support for the immigrant.

The FB-3 visa

2. requirements for an FB-3 visa

In order to successfully apply for an FB-3 visa, a number of requirements must be met. These relate to both the US citizen acting as the sponsor and the applicant and their immediate family. The most important requirements are explained in detail below.

Minimum age

The US citizen sponsoring the visa must be at least 21 years old. This age limit ensures that the sponsor is legally able to assume the financial and legal obligations associated with sponsoring an immigrant visa.

Financial support (Affidavit of Support)

The sponsor must prove that they are able to financially support the immigrant. This is done by submitting Form I-864, Affidavit of Support. The sponsor must prove a certain minimum income, which is usually 125% of the federal poverty level. Exact income requirements vary depending on household size and current poverty levels.

Proof of US citizenship

The sponsor must provide proof of US citizenship in the form of appropriate documents. This can be a copy of the US passport, birth certificate or naturalization certificate.

Relationship

The applicant must prove that they are the married child of the US citizen. This is done by means of corresponding documents such as birth certificates and marriage certificates that confirm the family relationship.

Health requirements

The applicant and their immediate family members must undergo a medical examination. This examination is to ensure that there are no infectious diseases or health conditions that could prevent immigration.

Police clearance certificate

A police clearance certificate is required to ensure that the applicant has no criminal history that could prevent their immigration. In some cases, an extended police clearance certificate may also be required, which contains additional information about possible criminal convictions.

Marriage certificate

If the applicant is married, a marriage certificate must be submitted. This serves as proof of marriage and must be translated into English and notarized.

Birth certificates of the children

The birth certificates of the applicant's children must also be submitted. These documents serve as proof of family ties and must also be translated into English and notarized.

Medical examination and vaccinations

Like the applicant themselves, spouses and children must also undergo a medical examination and provide proof of certain vaccinations. These requirements are intended to ensure that there are no health risks for the general public.

The FB-3 visa

3. the application process

The application process for an FB-3 visa is comprehensive and requires careful preparation and adherence to specific steps. The process is described in detail below to give you a clear idea of the requirements and procedures.

Filing of the I-130 form

The first step in the application process for an FB-3 visa is the filing of Form I-130, Petition for Alien Relative. This form is submitted to the US Citizenship and Immigration Services (USCIS) by the US citizen sponsoring the visa. Form I-130 is used to prove the family relationship between the U.S. citizen and the immigrant.

Contents of the I-130 form

Form I-130 contains several sections that must be completed carefully. Here are the most important sections of the form:

  • Information about the petitioner (US citizen): Personal information such as name, date of birth and citizenship of the US citizen must be entered here.
  • Information about the beneficiary (immigrant): This section requires detailed information about the applicant, including name, date of birth, place of birth and current address.
  • Family relationship: In this section, the exact family relationship between the US citizen and the applicant must be stated. Documents such as birth certificates and marriage certificates are also required here to confirm the relationship.
  • Previous immigration applications: This section asks about the applicant's previous immigration applications or stays in the USA.
  • Signature and date: The US citizen must sign and date the form to confirm the accuracy of the information provided.

Submission and fees

Once the Form I-130 has been completed, it must be submitted along with the required supporting documents and the application fee. The fee for the Form I-130 is usually several hundred dollars. It is important to review all documents carefully to ensure that they are complete and accurate.

Processing by the USCIS

Confirmation of receipt

After submitting Form I-130, you will receive a confirmation of receipt from the USCIS. This confirmation will contain a receipt number that you can use to track the status of your application online.

Review and decision

The USCIS reviews the application and the attached documents. This process can take several months to years, depending on the number of applications filed and the USCIS's current processing speed. The USCIS may request additional information or documents if they are needed.

Notification of the decision

Once the USCIS has made a decision, you will receive written notification. If the application is approved, it will be forwarded to the National Visa Center (NVC) for further processing and visa interview preparation. If the application is denied, you will receive an explanation of the reasons for the denial and possibly instructions for further steps or appeals.

National Visa Center (NVC) and visa interview

Case number and fees

Once approved by the USCIS, the application will be forwarded to the National Visa Center (NVC). You will receive a case number and instructions on how to pay the required fees, including the visa fee and the supporting documentation review fee.

Submission of additional documents

The NVC will request additional documents, including Form DS-260, Immigrant Visa and Alien Registration Application, and Form I-864, Affidavit of Support. These documents must be submitted online and the appropriate fees paid.

Preparation for the visa interview

After all required documents have been submitted and fees have been paid, an appointment will be scheduled for the visa interview at the U.S. Embassy or Consulate in the applicant's home country. It is important to prepare thoroughly for the interview by bringing all required documents and evidence.

The visa interview

Procedure of the interview

The visa interview is a crucial step in the application process. During the interview, a consular officer will review the documents submitted and ask questions to confirm the authenticity of the information and the family relationship.

Possible questions

Here are some frequently asked questions during the visa interview:

  • Questions about the family relationship: The officer may ask questions about the exact nature of the family relationship between the U.S. citizen and the applicant.
  • Questions about marriage: If the applicant is married, questions may be asked about the marriage and the relationship between the spouses.
  • Questions about immigration history: The officer may ask questions about the applicant's previous stays or immigration applications in the USA.
  • Questions about financial support: Questions about the financial situation of the sponsor and the applicant can also be asked.

Decision and visa issuance

After the interview, the consular officer makes a decision on whether to grant the visa. If the visa is approved, the applicant will receive the immigrant visa and may enter the United States. If the visa is denied, the applicant will receive an explanation of the reasons for the denial and possibly instructions for further action or appeal.

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The FB-3 visa

4. necessary documents and forms

Birth certificate of the applicant

The applicant's birth certificate serves as proof of identity and place of birth. As a rule, it must be translated into English and notarized.

Marriage certificate (if applicable)

If the applicant is married, a marriage certificate must be submitted. This serves as proof of the marriage and must also be translated into English and notarized.

Copy of the US passport or birth certificate of the US citizen

The US citizen sponsoring the visa must submit a copy of their US passport or birth certificate. These documents serve as proof of US citizenship.

Form I-130, Petition for Alien Relative

Form I-130 is the primary document submitted by the U.S. citizen to start the immigration process for the family member. It is important to fill out this form completely and correctly to avoid delays.

Form I-864, Affidavit of Support

Form I-864 is a financial support form submitted by the US citizen. It is used to certify that the immigrant will not become a financial burden on the government.

Passport photos

Current passport photos of the applicant and the U.S. citizen are also required. These photos must meet the specific requirements of the USCIS.

Police clearance certificate

A police clearance certificate of the applicant is required to ensure that the applicant has no criminal past that could prevent their immigration.

The FB-3 visa

5. common mistakes and how to avoid them

When applying for an FB-3 visa, it is easy to make mistakes that can delay the process or even lead to the application being rejected. The most common mistakes include incomplete applications, missing documents and errors in providing information. It is therefore advisable to check all documents carefully and ensure that all requirements are met. Here are some tips to avoid common mistakes:

  • Careful review of the application forms: Make sure that all fields are filled in completely and correctly.
  • Complete documentation: Make sure that all necessary documents are enclosed and meet the requirements.
  • Compliance with deadlines: Make sure you meet all deadlines to avoid delays.
  • Clear and precise information: Avoid ambiguities and ensure that all information is correct and precise.

The FB-3 visa

6 The role of a lawyer in the application process

Advantages of legal advice and representation

Applying for an FB-3 visa can be complex and confusing. An experienced immigration attorney can help you navigate the process, ensure that all requirements are met, and avoid potential mistakes. An Lawyer can also provide valuable support in preparing and submitting the necessary documents. Here are some advantages Lawyer to get involved:

  • Specialist knowledge and experience: A Lawyer has the necessary expertise and experience to organize the process efficiently.
  • Advice and support: A Lawyer can guide you through every step of the process and help you answer questions and solve problems.
  • Error prevention: A lawyer can help you avoid common mistakes and ensure that your application is complete and correct.
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The FB-3 visa

7. costs and fees

Applying for an FB-3 visa is associated with various costs and fees. It is important to be aware of all the costs involved in order to be financially prepared. The typical costs are described in detail below.

Application fees for Form I-130

The fee for Form I-130, Petition for Alien Relative, is $535. This fee is payable to US Citizenship and Immigration Services (USCIS) when the form is filed and is non-refundable, even if the application is denied.

Fees for biometric data

In some cases, the USCIS may charge additional fees for the collection of biometric data (fingerprints, photos). This is usually $85 and is required to verify the identity of the applicant.

Fees of the National Visa Center (NVC)

Once the I-130 application has been approved by USCIS, additional fees will apply if the case is forwarded to the National Visa Center (NVC). These fees include:

  • Visa fee: The visa fee is $325 per applicant.
  • Fee for the verification of supporting documents: This is $120 and covers the cost of reviewing the Form I-864, Affidavit of Support.

Consular fees and visa interview

Additional fees may apply at the U.S. embassy or consulate where the visa interview takes place. These fees vary depending on the country and the specific embassy or consulate. It is advisable to check the exact fees with the respective embassy or consulate in advance.

Legal fees

If you use the services of an immigration lawyer, you will incur additional legal fees. The costs may vary depending on the complexity of the case and the experience of the Lawyer vary. Typically, legal fees for assistance with an FB-3 visa application range from $1,500 to $5,000. It is advisable to find out the exact costs and services of the lawyer in advance.

Translation and certification costs

Documents that are not in English must be translated and notarized. The costs for translation and notarization can vary, but are usually between $20 and $50 per page. It is advisable to enquire about the exact costs in advance with a translation agency or notary.

Costs for medical examinations and vaccinations

Another cost factor is the medical examinations and required vaccinations. These examinations must be carried out by a licensed doctor and the costs can vary depending on the country and doctor. Typically, the cost of the medical examination is between $200 and $500 per person. Vaccinations may incur additional costs, which vary depending on the vaccination required.

Total cost overview

To give you a better overview, we summarize the typical costs for applying for an FB-3 visa:

  • Form I-130: $535
  • Biometric data: $85 (if required)
  • Visa fee (NVC): $325 per applicant
  • Review of the supporting documents (NVC): $120
  • Consular fees: Varies depending on country and consulate
  • Legal fees: $1,500 – $5,000
  • Translation and certification costs: $20 - $50 per side
  • Medical examination and vaccinations: $200 - $500 per person

The FB-3 visa

8. FAQ (Frequently Asked Questions)

How long does it take to obtain an FB-3 visa?

The processing time for an FB-3 visa can vary and depends on several factors, such as the number of applications submitted and the current processing speed of the USCIS. Generally, the process can take several years. It is important to be patient and check the status of the application regularly.

Can I check the status of my application online?

Yes, you can check the status of your application online via the USCIS website. You will need the receipt number that you received after submitting the application.

What happens if my application is rejected?

If your application is rejected, you will receive written notification with the reasons for the rejection. In some cases, you have the option of appealing against the decision or submitting a new application.

Can I travel to the USA during the processing period?

This depends on your current visa status. In some cases, you may be able to travel to the U.S. during the processing period if you have a valid visa. However, it is important to be aware of the specific requirements and restrictions.

What rights and obligations do I have with an FB-3 visa?

With an FB-3 visa, you have the right to immigrate to and live in the USA. You also have the right to apply for a work permit and later apply for US citizenship. However, there are also certain obligations, such as complying with US laws and paying taxes.

The FB-3 visa

9. conclusion

A FB-3 Visa offers married children of US citizens the opportunity to immigrate to the USA and start a new life. However, the process is complex and requires careful preparation and compliance with all requirements. An experienced Immigration lawyer can provide valuable support and ensure that the application is submitted correctly and completely.

It is important to be patient and aware of all the steps and requirements. With careful planning and preparation, you can successfully complete the process and realize your immigration to the USA.

Finally, it is advisable to keep up to date with changes in immigration laws and regulations, as these can change at any time. However, with the right preparation and support, you can make your immigration to the USA a success.

Do you need legal support in applying for an FB-3 visa?

Then contact us

+49 (0) 2273 - 40 68 504

info@kanzlei-baumfalk.de

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

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Main office - Kerpen
Mr. Patrick Baumfalk, attorney at law
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Mr. Patrick Baumfalk, attorney at law
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