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.
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.
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.
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:
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.
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.
An FB-3 visa offers several advantages:
Despite the many advantages, there are also some restrictions and challenges associated with the 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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
Form I-130 contains several sections that must be completed carefully. Here are the most important sections of the form:
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.
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.
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.
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.
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.
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.
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 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.
Here are some frequently asked questions during the visa interview:
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.
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.
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.
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 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 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.
Current passport photos of the applicant and the U.S. citizen are also required. These photos must meet the specific requirements of the USCIS.
A police clearance certificate of the applicant is required to ensure that the applicant has no criminal past that could prevent their immigration.
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:
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:
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.
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.
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.
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:
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.
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.
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.
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.
To give you a better overview, we summarize the typical costs for applying for 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.
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.
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.
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.
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.
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.
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