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Immigration ¦ Visa Interview ¦
Children ¦ Spouses and Fiancé(e)s ¦
Affidavit of Support ¦ Domicile ¦ Household Size ¦
Income & Assets ¦ Tax Returns ¦ Sponsor & Joint Sponsor ¦
K3 ¦ V Visas ¦
Employment ¦ Lawful Permanent Residents ¦
Diversity Immigrant Visa Program – The Lottery Immigration
Visa Interview
Children
Spouses & Fiancé(e)s of U.S. Citizens
Affidavit of Support
Domicile
Household Size
Income & Assets
Tax Returns
Sponsor & Joint Sponsor
K3 Visa
V Visas
Lawful Permanent Resident
Diversity Immigrant Visa Program - The Lottery
For additional information: Please e-mail us at stkivinfo@state.gov. Please include a telephone number in your mail. Your question will be answered within two business days. You can also call us on +46 (8) 783 5370. Our telephone hours are Mondays and Wednesdays from 1 PM to 2 PM.We are not open on Swedish and American holidays. ImmigrationAnyone wishing to live and/or work in the United States permanently requires an
immigrant visa before traveling to the United States. Information on who may
qualify for immigration and the steps which must be taken to apply for an immigrant visa is
described on this website. The immigrant visa is surrendered to an officer of
the United States Citizenship and Immigration Services (USCIS) at the port of entry,
at which time, the holder will be given the forms required to complete an application
for a Permanent Resident Card (PRC), commonly known as a "Green
Card". That card will normally be mailed to the address of the applicant’s
final destination in the United States and will take approximately six to
twelve months to process. Persons admitted into the United States as
Conditional or Lawful Permanent Residents require no further authorization from
the United States Citizenship and Immigration Services (USCIS) in order to seek
employment. Conditional and Lawful permanent residents will maintain status provided they do not remain
outside the United States for longer than one year (two years if holding a
Re-entry Permit) and they maintain a bona fide domicile in the United
States the period they are outside the country. Will I owe customs duty on my household effects when I move to the U.S.? Household effects owned by immigrants for one year or more, as well as personal effects
intended for their own use and not containing any prohibited items, such as
firearms and drugs, are admitted free of duty. Only very limited quantities of
tobacco, spirits and wines can be taken into the United States duty free. www.customs.gov On entering the United States on an immigrant visa you will require no further authorization
from U.S. immigration in order to take up employment. If you are seeking to
immigrate on the basis of an offer of employment, you will require a U.S. based
employer who will file an immigrant visa petition (go to our site on employment
based IVs) on your behalf with the United States Citizenship and Immigration Services (USCIS). There is no United States Government office in Sweden, which furnishes information
concerning jobs available in the United States. While there are Federally
supported employment offices throughout the United States which assist job
seekers, those offices are not authorized to answer inquires from overseas. If
you belong to a professional or trade organizations in Sweden, they may have
counterpart organizations in the U.S. to whom you could inquire about job
opportunities in your field of expertise. The Embassy cannot assist you
in finding employment in the U.S. How do I become an American citizen? An immigrant can become an American citizen by naturalization by living in the
United States for a specified period, usually five years (three years if
married to a citizen) and passing a naturalization examination. However, there
is no requirement that an immigrant become a citizen and s/he is free to live
in the United States as long as s/he wishes regardless of his citizenship, so
long as s/he abides by the laws of the land, which are applicable to citizens
and aliens alike. How do I get a Social Security number? By law, each immigrant or refugee admitted to the United States must obtain a Social
Security number. Social Security numbers are required to work in the U.S., to
open a bank account, to pay taxes, and for many other purposes. If you requested a Social Security number card as part of your immigrant visa application and are age 18
or older when you arrrive in the United States, the information needed to issue you a card will be shared with
the Social Security Administration (SSA) by the U.S. Department of Sstate and the U.S. Department
of Homeland Security. You do not need to fill out a special application or go to a Social Security office.
the Social Security Administration will assign you a number and mail your Social Security card to the U.S.
Mailing address where the Department of Homeland Security will send your Permanent Resident card. You
should receive your Social Security card within 3 weeks after you arrive. For further information please visit their website at www.ssa.gov. A health certificate is required to bring a dog or cat from Sweden into the U.S. Such a
certificate is usually required by the airlines and the airlines should be
contacted concerning any time limitations or other details. Sweden is a
rabies-free area, so the pet will not be quarantined and will not need a rabies
vaccination unless required by the state or local authorities at your final
destination. www.customs.gov How about the education system? Education is compulsory and free for children between the ages of 6 and 16 (18 in some
states). Kindergartens are usually available and free of charge. Children will
ordinarily be accepted for immediate enrollment in the local school system of
the community in which an immigrant family settles. Private schools, both day
and boarding, are available in many larger communities but are expensive. There
are many universities, some private and some Government-supported. Further
information may be obtained by writing to the Superintendent of Education of
the community in which you intend to reside or from Fulbright Commission Will I still get my Swedish pension? Information regarding the payment of a Swedish Pension in the United States is available
from the Social Security Administration at www.ssa.gov. There is no limit on the amount of money, which may be taken in or out of the United
States. However, any amount in excess of $10,000 in currency, travelers checks
or negotiable instruments, must be declared to the United States Customs at the
time of arrival in or departure from the United States. www.customs.gov The amount of money, which may be taken out of Sweden, is a matter under the
jurisdiction of the Swedish Government. Further information is available from
any bank in Sweden. Persons immigrating to the United States must be examined by the Embassy's physician to
establish that they are not afflicted with any form of mental illness or
dangerous contagious disease, such as tuberculosis or AIDS. An appointment for
this purpose will be arranged when the final stage of the visa application is
reached.
Visa InterviewHow long can I expect to be at the Embassy when I come for my visa interview? You can expect to be at the Embassy until late morning/early afternoon. Does my child need to attend the interview? All applicants registered for immigration as the spouse, parent, child under the
age of 21 of a U.S. citizen are required to attend the Embassy in person for a formal
visa interview with a U.S. consular officer. No. There is no requirement that the U.S. citizen attend the immigrant visa interview.
There is also no requirement that your spouse remain in Sweden until you are
issued with your immigrant visa; he or she may travel to the United States
ahead of you. I'm divorced; do I require permission from my ex spouse to take my child(ren) out of the country? If you are divorced and you are applying for a visa for your child(ren) by a previous
marriage, you will be required to present on the day of your visa interview
proof that you have been awarded custody of the child(ren) by the court and
that permission has been given for the child(ren) to be taken out of the
Sweden. If you and the other parent of your child(dren) have joint custody, then the
Embassy requires that you present a written and notarized consent from the
other parent agreeing to the issuance of immigrant visas on behalf of your
children. The Embassy will contact the parent to confirm that he/she has agrees
to the issuance of the visas. Provided you are found eligible for the visa at the time of your interview, the visa will be issued within a week. How much does the immigrant visa cost? The visa processing fee is $400.00 or Swedish kroner equivalent. Fiancé(e), K3 and V visa applicants are required to pay only an application fee of $100 or
the equivalent in Swedish kroners at the Embassy’s current exchange rate. There is an additional fee for the medical examination. The visa processing fee cannot be refunded if the applicant is refused a visa. Visa applicants whose case is being processed by the Embassy in Stockholm will be
required to pay the fee on the day of the visa interview; those whose
application is being processed through the National Visa Center (NVC), pay the
fee before the NVC begin processing the case. Fiancé(e), K3 and V visa applicants are required to pay the fee into a bankgiro account.
Further instructions will be sent with their appointment letter. The Embassy accepts the visa processing fee in credit card or cash. If your visa is refused under the provisions of Section 221(g) of the Immigration and
Naturalization law for lack of documentation, you will have twelve months from
the date of refusal in which to present the missing documents and enter
the United States on the immigrant visa. What if I do not present the documentation and enter the United States within the twelve months? You will be required to reapply for an immigrant visa paying new visa application and
issuance fees, and medical examination fees. How long will I have to travel to the U.S. once the visa is issued? Immigrant and fiancé(e) visas are normally valid for travel to the United States for six
months from the date on which they are issued. K3 visa holders are issued a
visa valid for travel for two years. Please refer to the individual sections for further information. What if I cannot travel during the validity period of the visa? You should return the unused visa to the Immigrant Visa Unit with a letter
explaining why you were unable to travel. Depending on the reasons for you not
using the visa, it may be possible to re-issue you with a new visa on payment
of new visa processing fees. My visa is due to expire, what do I do? If you are unable to travel to the U.S. during the validity period of the visa, you
should return the unused visa to the Immigrant Visa Unit with a letter
explaining why you were unable to travel. Depending on the reasons for you not
using the visa, it may be possible to re-issue you with a new visa on payment
of new visa processing fees. ChildrenDoes my child need to attend the interview? All applicants registered for immigration are required to attend the Embassy in
person for a formal visa interview with a U.S. consular officer. Does my child need to attend the medical examination? Children, regardless of age, are required to attend the medical examination I'm divorced; do I require permission from my ex spouse to take my child(ren) out of the country? If you are divorced and you are applying for a visa for your child(ren) by a previous
marriage, you will be required to present on the day of your visa interview
proof that you have been awarded custody of the child(ren) by the court and
that permission has been given for the child(ren) to be taken out of the
Sweden. Your son or daughter is eligible to derive status from the immigrant visa petition filed
on your behalf only while s/he is under the age of 21, regardless of her/his
age at the time the immigrant visa petition was filed. As s/he was able to
apply for a visa before her 21st birthday, s/he is no longer entitled to
derivative status and her/his application has been canceled. A petition has been filed on my behalf. I now have a child. Can s/her be added to my application? If your baby's mother or father is an American citizen, the baby could have claim to
U.S. citizenship. If you reside in Sweden you should follow this link for
further information. If your baby has no claim to U.S. citizenship, it may be possible for the child to
derive status from the immigrant visa petition filed on your behalf, or for
your spouse to file an immigrant visa petition for him/her. You should notify
the Immigrant Visa Unit in writing of the birth of your child. Please include a
birth certificate for the child. They will advise you further. The address you
require is Immigrant Visa Unit, American Embassy, 115 89 Stockholm. Since being issued an immigrant visa I have had a baby. Can my baby immigrate with me? If your baby's mother or father is an American citizen, the baby could have claim to
U.S. citizenship. If you reside in Sweden you should follow this link for
further information. A child born after the issuance of an immigrant visa will not need a visa to accompany
the parent provided they both travel within the period of validity of the visa.
A copy of the child's long-form birth certificate showing the name of the
parent must be carried for presentation to a U.S. immigration official at the
port of entry, together with a valid travel document for the child. You are not required to reside in the U.S in order to file an immigrant visa petition.
However, in addition to filing the petition, form I-130, you are required to
file an I-864. In order to file an "Affidavit of Support" you must be either resident in the
U.S. or intend to resume permanent residence in the U.S. at the time your son
or daughter immigrates to the U.S. I do not intend to resume permanent residence in the U.S. If you have no intention of resuming permanent residence in the U.S., it will not be
possible for your son or daughter to immigrate on the basis of a petition filed
by yourself. They will be required to apply for immigration in another visa
category. You are required to enter the details of every child under the age of 21, including a
stepchild from a marriage that was entered into while the child was under the
age of 18. As you are registered for immigration in the immediate relative category, your child
is not eligible to derive status from the immigrant visa petition filed
on your behalf. He or she will be required to qualify for a visa in his or her
own right. If you continue with your application, on being issued an immigrant
visa and entering the United States you will be eligible to file a family based
second preference petition for your child. However, family based applicants are
subject to the annual numerical limitation on immigrants admitted into the U.S.
and are required to wait for the availability of a visa number before final
action can be taken. The waiting period is several years. Your U.S. citizen son
or daughter is also eligible to file a petition for your child, but again there
is a waiting period in the family based fourth preference category which
extends to approximately 12 years from the date on which the petition is
filed. Spouses & Fiancé(e)s of U.S. CitizensIf the alien fiancé(e) plans to marry in the United States, a fiancé(e), (K-1), petition must be filed by the American
citizen in the United States at the United States Citizenship and Immigration Services (USCIS) office where he/she resides,
before the alien fiancé(e) enters the U.S. Once the petition is approved, it is forwarded to the Embassy with jurisdiction
over the case. Basically, a fiancé(e) visa allows the alien to enter the United States with the intent to marry. The
marriage must take place within 90 days after arrival in the United States. After the marriage takes place, the alien
spouse must apply to the USCIS to change status. During this time period, the alien must not leave the United States until
the immigration process has been finalized and residency has been granted. The time period for the processing of a
fiancé(e), K-1, petition is approximately five to eight months. USCIS provides details at website: http://www.uscis.gov If you are already married an intend to move to the United States in the near future then the American citizen spouse
must file the immediate relative petition, form I-130. Can I transmit citizenship to my spouse? No, a United States citizen cannot transmit citizenship to a spouse. If your spouse
wishes to relocate with you to the United States, he/she will require an
immigrant visa. A Lawful Permanent Resident who is married to an American
citizen may apply to become a naturalized American citizen after three years
residence in the United States. Questions concerning this process should be
addressed to the United States Citizenship and Immigration Services (USCIS) . My American citizen fiancé(e) is sponsoring me for immigration; does it matter where we get married? If you wish to marry in the United States and take up indefinite residence there after
marriage, you require a fiancé(e) visa. If you wish to marry outside the United
States and travel to the United States to take up residence, you will require
an immigrant visa. Which is quicker to process, an immigrant or a fiancé(e) visa? The time it takes to process a visa application various with each individual case. If the U.S. citizen petitioner has legally been residing in Sweden continuosly for the past six months prior to filing the petition, he/she may file the I-130 petition at the Embassy. If the immigrant visa is filed at the Embassy then the processing time is
substantially shorter, 8 – 12 weeks. If the Immigrant Visa petition is filed
with the United States Citizenship and Immigration Services (USCIS) in the United
States then the processing time is substantially longer. If the time factor is
of importance, you should contact the USCIS office where you will file the
petition to ascertain processing times before deciding on applying for a
fiancé(e) or immigrant visa. My spouse was granted conditional resident status; what do we do to have the status removed? You and your spouse are required to file a petition I-751, with the office of the
United States Citizenship and Immigration Services (USCIS) to have the conditional
resident status removed. The petition must be filed 90 days before the second
anniversary of your spouse being admitted into the United States on an immigrant
visa, or adjusting his or her status on marriage, if he/she entered on a
fiancé(e) visa. The form can be obtained from United States Citizenship and Immigration Services (USCIS). I have a partner/ common-law spouse who is an U.S. citizen. U.S. immigration law does not recognize common-law marriages. A U.S. citizen cannot
file an immigrant visa petition for a partner in the immediate relative
category as the spouse of U.S. citizen, or a fiancé(e) visa petition. You will
be required to apply for an immigrant visa either in one of the employment
based preference categories or through the Diversity Visa Program,
commonly known as the lottery. My fiancé(e) and I will not marry within 90 days of our arrival. Can he/she still apply for a fiancé(e) visa? No. If the marriage will not take place within 90 days of the fiancé(e) visa
applicant's arrival in the United States, it will not be possible to process an
application for a fiancé(e) visa. An immigrant visa will be required. Visa free
travel under the Visa Waiver Program or a Nonimmigrant visitor or work visa is
not appropriate. Can we apply for the fiancé(e) visa while my fiancé(e) is in the United States. No. An applicant for a fiancé(e) visa must apply for the fiancé(e) at an American
Embassy or Consular Section outside the U.S., as he or she is required to enter the
United States on the visa. If I cannot file a petition for fiancé(e) how can he/reside with me in the United States? Your fiancé(e) will be required to qualify for a visa either in one of the employment based preference
categories, or through the Diversity Visa Program
commonly known as the lottery. Can my fiancé(e) work in the United States before we marry? The United States Citizenship and Immigration Services (USCIS) may grant permission for the
alien fiancé(e) to take up employment in the United States before the marriage
takes place. To obtain employment authorization your fiancé(e) will need to
file form I-765 with the USCIS Service Center
which covers his or her place of residence in the U.S after his or her arrival
there. Questions concerning employment should be directed to USCIS. My fiancé(e) is still married; can we apply for a fiancé(e) visa? The fiancé(e) visa petition cannot be filed until you are both legally free to
marry. Therefore, you will be required to wait until your fiancé(e)'s divorce
is finalized. We only wish to travel to the United States to marry. We will return to Sweden after marriage. Do we still need a fiancé(e) visa? A person traveling to the United States to marry an American citizen with the intention
of returning to his/her place of permanent residence abroad, may apply for a
visitor (B-2) visa, or if eligible, travel visa free under the Visa Waiver
Program. Evidence of a residence abroad to which the B-2 visa holder or visa
free traveler intends returning should be carried for presentation to an
officer of the United States Citizenship and Immigration Services (USCIS) at the port of
entry. Can I enter the United States on a fiancé(e) visa, marry and then leave the United States for my honeymoon? On marriage, you must contact United States Citizenship and Immigration Services (USCIS) for further information. If you leave the United States without first
obtaining permission from the USCIS to re-enter the country, you will be
required to apply for an immigrant visa in order to return. Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed? If you intend taking up permanent residence in the U.S., you are required to wait
until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S.
on a tourist visa or visa free under the Visa Waiver Program while waiting the
issuance of an immigrant or fiancé(e) visa. However, if you wish to make a
temporary visit at the end of which you will return to your permanent residence
outside the United States, you may travel on a tourist (B-2) visa, or visa free
under the Visa Waiver Program, if qualified. If applying for a B-2 visa, you are required to furnish evidence of your residence
outside the United States to which you intend returning at the end of your
temporary stay. Although a pending immigrant or fiancé(e) visa application is
not necessarily conclusive evidence of intent to abandon a Swedish residence, it
is a factor considered by consular officers reviewing a visa application. If
you are unable to convince the consular officer reviewing the application that
you do not intend abandoning your residence, you will not be issued a visa. When traveling to the U.S. either with a visa or visa free under the Visa Waiver
Program, you should be sure to carry with you for presentation to U.S.
immigration, evidence of your residence outside the U.S. If the immigration
inspector is not convinced that you are a bona fide visitor for pleasure, you
will be denied entry into the United States. Instructions for filing in Stockholm The Affidavit of Support form I-864, I-864EZ, & I-864Ais required to show that an intending immigrant has adequate means of financial support while in the United States and is not likely to become a public charge. By executing this form, the sponsor/joint sponsor agrees to support the intending immigrant and any spouse and/or children immigrating with him/her and to reimburse any government agency or private entity that provides the sponsored immigrant with Federal State or local means tested public benefits. The sponsor/joint sponsor's obligation continues until the sponsored immigrant becomes an American citizen, can be credited with 40 qualifying quarters of work, departs the United States permanently, or dies. Divorce does not terminate the obligation. Who requires an Affidavit of Support form (I-864, I-864EZ, & I-864A)? . A person qualifying for immigration in the immediate relative category as a spouse, child, including orphans, or parent of an American citizen; . A person qualifying for immigration in the family based preference categories as the unmarried son or daughter, married son or daughter, and sibling of an American citizen and spouse and unmarried child of a Lawful Permanent Resident (LPR); and · A person qualifying for immigration in the employment based preference categories where a family member filed the immigrant visa petition, form I-140, or the family member has a 5% or more ownership interest in the company which filed the immigrant visa petition, form I-140. What about the fiancé(e) of an American citizen who is applying for a fiancé(e) visa? An I-864 will be required at the time the
fiancé(e) visa holders applies to adjust his/her status from Nonimmigrant to
conditional resident with United States Citizenship and Immigration Services (USCIS). The U.S. citizen is requried to complete form The Affidavit of Support form I-134 as part of the fiancé(e) visa application. In order to file an I-864, I-864EZ, & I-864A, the sponsor or joint sponsor must be a resident of the United States. However, sponsors residing outside the United States are not automatically disqualified from being a sponsor if they are able to show that they are temporarily resident outside the United States. Joint sponsors must be resident in the United States to qualify. How do you define "temporarily" resident outside the United States? The sponsor must satisfy the consular officer that he/she has not given up his/her permanent residence in the United States to establish a residence abroad; i.e. he or she has maintained his/her principal residence in the United States with the intent to maintain that residence for the foreseeable future. Lawful Permanent Residents must further demonstrate that they have maintained their legal permanent residence status. The decision will be on a case by case basis. The following is a list of the types of employment, which is considered meeting the definition of "domiciled" in the United States, if the sponsor has been temporarily working outside the United States. The list also covers a sponsor who is the spouse or son/daughter of a person employed abroad in one of the listed professions. The list includes, but is not limited to employment by:
There may be other instances where the sponsor is temporarily residing outside the United
States, for example, he or she may be studying or teaching. As stated, the
defining factor is whether or not the individual is able to show that his or
her residence outside the United States is clearly of a temporary nature and
that he or she did not give up his/her residence in the United States to
establish a residence abroad. If you have any questions concerning this issue, please contact the Immigrant Visa Unit. What if I have not maintained a residence in the United States? If you are acting as a joint sponsor you are required to show that you have maintained
a residence in the United States. However, in cases where a sponsor may have
abandoned his or her residence in the United States to live abroad, may have
not resided there since a child, or in some cases, may never have resided
there, he or she will not automatically be disqualified to act as a sponsor. In
such cases, the question becomes do you intend to reestablish a residence in
the United States. If this is indeed your intention and you can prove that you
have or intend to re-establish U.S. residence, it may be possible for you to
act as a sponsor. You may meet this requirement by showing that you have taken or will take a credible
combination of steps to make the U.S. your immediate principal place of
residence. Such steps may include finding employment, locating a place to live,
registering children in U.S. schools etc. In addition, you should make
arrangements to abandon your residence in Sweden; for example obtaining a
valuation of your property from an estate agent. No, it will not be necessary for you to travel to the United States ahead of your
spouse/children. However, you will be required to furnish evidence confirming
the steps taken to re-establish your residence in the United States, e.g., a
letter of employment, rental agreement, purchase of property, a letter from an
estate agent in Sweden showing the valuation of your property.
Note: Your relative may not enter the United States to
take up residence prior to your return to the United States. He or she may
travel with you, or follow to join you at a later date. What if I have no intention of re-establishing a residence in the U.S? In order to file an Affidavit of Support, the sponsor must be a "resident" of the United
States as described above. If you do not maintain a residence in the United
States and have no intention of re-establishing a residence there, it
will not be possible for you to act as sponsor. If you cannot act as a sponsor
it will not be possible for your relative to qualify for immigration on the
basis of an immigrant visa petition filed by yourself. If I do not meet the U.S. residence requirement, can a joint sponsor file an I-864? No, if you, as the sponsor, do not qualify because you do not meet the domicile requirement, a joint sponsor cannot be used. The sponsor must first meet all of the requirements of a sponsor, including domicile in the U.S., before there can be a joint sponsor. Household SizeThis is possible, however, it does mean that only the persons you are able to sponsor,
which must include your brother, as the principal applicant, would be eligible
to immigrate to the United States at this time. You would still be required to
file an I-864 for your brother’s wife and children, but could file at a later date
when your financial circumstances had improved. What are the advantages of limiting the number of people I sponsor? By limiting the number of persons you are sponsoring, you would reduce the
household size and thereby face a lower minimum income requirement. You should
note however, that when it comes to filing an I-864 on behalf of your brother’s
wife and children, your brother would still be counted in the total, as an
alien whom you are still obligated to support. Dependent children of a divorced couple are members of the parent’s household, even if
they live part of the time with the other parent. A parent always has a legal
obligation to support his or her child. But my spouse claims my child as a dependent on his or her tax returns. Although only one of the parents may be legally entitled to child as a dependent on his
or her tax return, the child is considered as part of both parent’s households
for purposes of the I-864 unless a parent can show that he or she has been
relieved of any legal obligation to support the child.
Yes. As the petitioner, you are required to file an I-864 even if you do not work, are
currently unemployed or know that your income will not meet the poverty level
guidelines for your household size. I am on welfare; can I still sponsor my relative? As the petitioner you are required by law to file an I-864 even if you are currently
not earning an income. The welfare benefits you receive can be taken into
consideration. The sponsor will remain fully liable, along with the joint sponsor, for any
benefits the sponsored immigrant may use. If I receive housing/other tangible benefits in lieu of a salary, can I count these as income? Yes. Income that is not subject to taxation, such as a housing allowance if you are
a member of the clergy or military personnel may be counted. However, the burden
will be on you to prove the nature and amount of any income on which you rely,
but is not included as wages/salary or other taxable income. Evidence of such income can be shown through notation on the W-2 Wages and Tax Form
(such as box 13 for military allowances), Form 1099 or other documents that
substantiate the claimed income. Is it only my income that can be counted? If your income does not meet the poverty level guidelines for your household size you
may include in your calculation the income of anyone who is residing in your
household, if they are willing to make their income and/or assets available for
the support of the sponsored immigrant(s). By signing the form the household
member agrees to be jointly responsible with the sponsor to reimburse the costs
of any means-tested public benefits used by the sponsored immigrant(s). While we recognize that the sponsored immigrant may be the main wage earner in the
family and on his or her relocation to the United States will have employment,
that job offer and salary cannot be counted toward the poverty level
guidelines as a current not future income is required. No. If you do not meet the income requirements you make take into consideration your
assets, including the assets of the sponsored immigrant. If your income is not sufficient you may count your personal assets and those assets of
the qualifying household members who have signed the I-864, I-864A. If by using of
these sources you meet the poverty level guidelines you need look no further;
if not you will require a joint sponsor. What type of assets can be used? Any type of assets can be used if they are readily convertible to cash within a year.
Liquid assets, such as savings deposits, stocks, bonds and certificates of
deposit are best because they would be the most accessible for the support of
the sponsored immigrant(s). However, other assets, such as property, may also
be acceptable if they can be sold within a year. Some/all of these assets are outside the United States, is this OK? Yes. However, the assets must be readily convertible to cash within 12 months and
you must be able to demonstrate the ability to take the money or assets out of
the country where they are located. Many countries have strict regulations that
severely limit the amount of cash or liquid assets an individual may take or
send abroad. If you are resident in Sweden, you should visit the Customs´ home page
www.customs.gov for further information. What kind of evidence do you require? You are required to furnish evidence of ownership and the value and location of the
assets. In addition you will be required to furnish information on any liens
and liabilities relating to these assets. For bank accounts, bank statements
for the most recent 12 months, or a letter from the bank stating the data the
account was opened, a history of deposits and withdrawals for the past year and
the current balance will be required. You may furnish a valuation of your property from an estate agent, together with a
mortgage statement from the mortgage company. We own property in the United States; can this be counted as an asset? Only if the property in the United States is not your main residence and you intend
converting this assets into cash within 12 months of your relative being issued
an immigrant visa. Assets of the spouse may be used. Can the assets of the intending immigrant be used if he or she is not my spouse? Assets of the intending immigrant may be used if he or she has been a member of your
household residing at the same address, for at least six months. No, if it is just your spouse who is immigrating, he or she need not complete an I-864A. My Swedish pension cannot be counted as income, but can it be counted as assets? Yes, you may take your Swedish pension into consideration when calculating your assets. Do I just total up my assets and add it to my income? No. To be counted, the cash value of your assets must be at least five times (three times if filing for spouse or minor child) the
difference between your income and the 125% of the poverty line for your
household size. Example: Your household size is four and you have an income of
$18,000. 125% of the poverty line for your household is $25,813. Therefore the
value of your assets must total at least five times the difference between
$18,000 and $21,312, i.e. $7,813 X 5 = $39,065.
U.S. law requires that the sponsor or joint sponsor submit tax return for the most recent year immediately prior to the intending immigrant’s visa interview in
which he or she was required by law to file. American citizens and LPRs who are
working abroad are required by Internal Revenue Service IRS to file a return,
even if most or all of their overseas income is excluded from U.S. taxes; a
social security number is required to file a tax return. If you reside in
Sweden and require information on general filing requirements, including
information on filing tax returns retroactively, you should contact the
American Citizen Services at 08-783 5375. Further information is available at
“the Digital Daily” at www.irs.gov. You refer to a number of forms on the Affidavit of Support; which form do you require? We require photocopies of your Federal Tax return, form 1040,1040A or 1040EZ. If
you filed your tax return electronically you should furnish the form 1722. Yes. What if I have not filed income tax return for the most recent year? If you were required by law to file a tax return, you will be required to file
retroactively with the IRS and provide a copy of the returns. How do I know if I am required to file a tax return? If you have any questions concerning the filing of federal tax returns you should
contact the IRS. www.irs.gov. I have been working outside the United States; do I still need to file tax return? American citizens and legal permanent residents working abroad are required by the IRS
to file a return, declaring worldwide income, even if all of their overseas
income is excluded from U.S. taxes. I’m a student/ have been studying; I do not need to file a tax return? If you worked while studying, even if only part-time, you may be required to file a
tax return. Additional information is available on the IRS Home Page “The
Digital Daily” at www.irs.gov. You may file a late or amended tax return to the IRS. You may than submit copies of the
late or amended return(s) for the year(s) in which you were obligated to file.
We request that you include the postal receipt which shows that you have mailed
the tax returns to the IRS in the U.S. Until such time as the late or amended
return has been filed, and copies furnished with the Affidavit of Support (form I-864, I-864EZ, & I-864A), the affidavit will
be considered incomplete and we cannot issue a visa. If I find out that I was not required by law to file a tax return for the last year, what do I do? You should submit a written and signed statement explaining the reasons why you are
except from filing a tax return on the I-864. I own a business; do I submit individual or business tax returns? You should submit individual returns. Consular officers may only accept individual
tax returns since it is the individual and the not the business who is
sponsoring the applicant. As the petitioner you are required, by law, to file an I-864 even if you do not earn
enough income. If you do not earn enough income, you may add the value of your assets and/or
income and assets of your household members, if they are willing. If this still
does not meet the federal poverty guidelines, a joint sponsor will be required
to file an I-864. I’m on welfare; can I still sponsor my relative? As the petitioner you are required, by law, to file an I-864 even if you are currently
not earning an income. The welfare benefits you receive can be taken into
consideration if you are acting as a sponsor or joint sponsor What is the definition of “relative” for employment based sponsors? Spouse, child under the age of 21, son or daughter 21 and over, parent or sibling. No, divorce does not nullify the I-864. If the sponsor/joint sponsor dies,
the sponsor/joint sponsor’s estate remains liable for any support or requests
for repayment of benefit that arose before the support obligation ended. If the sponsor dies after the principal sponsored immigrant has entered the United
States, but before his or her family members have immigrated, a joint sponsor
may file an I-864. Example: A parent files an immigrant visa petition on behalf
of a daughter and her family. The daughter and children immigrate to the U.S.,
but the husband remains in Sweden for 12 months. At the time he wishes to
immigrate the sponsor would be required to file a new I-864. However if he had
died, a joint sponsor could file an I-864. You may file an I-864. If your income does not equal or exceed the poverty level guide
for your household size, you will require a joint sponsor. Is there a limit on the number of joint sponsors? No, there is no limit. However, each joint sponsor must meet the income requirement of
the Federal poverty guidelines for your household size, What do I do with the completed I-864/I-186EZ or I-864A? The completed affidavit of support, form I-864/I-186EZ or I-864A together with all
supporting documents as described above should be given to the sponsored
immigrant for presentation to a consular officer on the day of his or her visa
interview. If you do not wish for the sponsored immigrant to see the I-864/I-186EZ or I-864A, they may be placed in a sealed envelope and given to the sponsored for
presentation to the Consular officer. The I-864/I-186EZ or I-864A must be completed and
notarized within 12 months of presentation to the American Embassy. An original signed I-864/I-186EZ or I-864A and one complete set of original
documents as described are required for each sponsored immigrant who is the
beneficiary of an immediate relative petition (spouse, child under 21, parent),
regardless of the fact that the family members will attend the visa interview
together and travel to the United States. An original signed I-864/I-186EZ or I-864A and one complete set of original documents as described are
required only for the principal sponsored immigrant who is beneficiary of a
family or employment based petition; accompanying dependents are listed in Part
3 of the I-864 and Part 2 of the I-864A. What about the accompanying dependents? Dependents of sponsored immigrants in the family or employment based preference categories
who will attend the immigrant visa interview and travel to the U.S. with the
principal applicant may furnish either a signed original or a
photocopy of the I-864/I-864A, if he or she is named in Part 3 of the I-864 or
Part 2 of the I-864A. Copies of supporting documents will not be required. What if the dependents are not accompanying the principal applicant? If the dependents will not accompany the principal applicant to the visa interview
and/or will not travel to the U.S. with him or her, each dependent will require
a signed original I-864/I-864A and complete set of supporting
documents. I do not have enough copies of the I-864/I-186EZ or I-864A, can I photocopy it? Yes. The forms may be photocopied, but where an original signature is required, you must comply with that requirement. The following lists the steps you are required to take and documents you are required to furnish with the I-864/I-864A. SPONSOR: You are required to complete all pages of the Affidavit of Support (I-864, I-864EZ, & I-864A) and staple them together in the
correct order. Please make sure to have the document(s) signed. 1.
Your complete federal tax returns with all supporting schedules for the most recent tax year. The latest tax return must have all pages in the correct order and must be stapled together.
Your W-2s for the most recent tax year which you filed a joint tax return. If you did not have to file a tax
return you should attached a written explanation and a copy of the instruction
from the IRS publication that show you were not obligated to file. (Pages 7
& 8 of the 1999 1040 Instructions provide information on most income tax obligations); 2. Evidence of assets, if needed, including ownership, location and value of each assets together with evidence of liens,
mortgages and liabilities for each asset (if any) notarized; and 3. Evidence of your current employment or self-employment,
for example the two most recent pay statements or a statement from your
employer on business stationary that gives the date your employment commenced,
type of work performed and wages or salary paid; self employment schedules
filed with income tax returns or financial records such a bank statement for
the business accounts. HOUSEHOLD MEMBER(S): Each household member(s) whose income and/or
assets are to be considered is required to complete a separate I-864A, pages 1,
2, & 3 and staple them together in the correct order. Sponsor/joint
sponsor should complete Part 2 and Part 5 and have the document signed.
Household member should complete Part 3 or Part 4 and Part 6 and have the
document signed. The I-864A should be presented with all documents listed in
1 though 4: 1. Your complete federal tax return and W-2s as described for sponsor in 1 above; 2. Evidence of assets, if needed, as described for sponsor in 2 above; 3. Evidence of your current employment or self-employment, as described for Sponsor in 3 above; and 4. Proof of U.S. citizenship of Lawful permanent resident status. JOINT SPONSOR (if required): You are required to complete pages 1, 2, 3, 4, 5, &
6 of the I-864 and staple them together in the correct order. Sign Part 7 and
have the document signed. The I-864 should be presented with the following
as outlined in 1 through 4. 1. Your complete federal tax return and W-2s as described for sponsor in 1 above; 2. Evidence of assets, if needed, as described for sponsor in 2 above; 3. Evidence of your current employment or self-employment, as described for sponsor in 3 above; and 4. Proof of U.S. citizenship of Lawful permanent resident status The K-3 visa (spouse) and K-4 (child) visa is a Nonimmigrant visa introduced to
facilitate the entry into the United States of the spouse of a American citizen
who is the beneficiary of an immediate relative petition filed with, but not
yet approved by, the United States Citizenship and Immigration Services (USCIS) and his or
her child(ren) under the age of 21. The K-3 and K-4 visa entitles the holder to
reside in the United States with his or her family members while waiting for
the immigrant visa petition to be approved and the immigrant visa application
processed. What is the difference between the K-1 visa for fiancé(e)s and the K-3 visa for spouses? The K-1 visa is issued to the fiancé(e) of a U.S. citizen who will marry in the United
States and apply to take up permanent residence after marriage. The K-3 and K-4
visa is issued to the spouse(K3) of a U.S. citizen who is the beneficiary of an
immediate relative petition and his/her child(ren)(K4) under the age of 21. The K-3
and K-4 visa allows the holder to travel to the United States to reside while his
or her immigrant visa petition is being processed by the United States Citizenship
and Immigration Services (USCIS) and to apply for an immigrant visa once the
petition has been approved. Who qualifies for the K-3 visa? The spouse of a U.S. citizen and his or her child(ren) under the age of 21 who is
the beneficiary of an immediate relative petition filed with the U.S. Citizenship and Immigration Services (USCIS) and who is still waiting for the petition to be approved and the immigrant visa to be issued. Note: The child of
a U.S. citizen will only qualify for a K-4 visa if he or she has no claim to U.S. citizenship
and his or her alien parent qualifies for a K-3 visa. Must the child also be the beneficiary of an immediate relative petition, form I-130? If the child will apply for a K-4 visa, there is no requirement that a separate
petition, form I-130, be filed on his or her behalf in the immediate relative
category. While there is no requirement that a separate I-130 be filed on
behalf of the child, such action would be prudent and beneficial to the child
as the U.S. citizen will be required to file an I-130 at a later date in order
for the child to adjust status to that of Lawful Permanent Resident. I'm a U.S. citizen. My child has no claim to U.S. citizenship; can he or she apply for a K-4 visa? Your child may only apply for a K-4 visa, if his or her alien parent is applying for the K-3 visa. If this is not the case, your child will be required to pursue an application for an immigrant visa. Not necessarily. In order to apply for the K-3 visa, the U.S. Citizenship and Immigration Services (USCIS) in the United States must not yet have approved the
petition, and the Embassy or Consular Section processing the immigrant visa
application must not have received the approved immigrant visa
petition. Petitions filed directly at the Embassy in Stockholm do not require
K-3 visas, as the processing time is substantially shorter. If the immigrant visa interview has been scheduled, does this mean I cannot apply for the visa? Yes. If you have been scheduled for an immigrant visa interview, or indeed if the Embassy
or Consular Section has received the approved petition, but not yet scheduled the
immigrant visa interview, you are not eligible to apply for a K-3 or K-4 visa;
you are required to pursue your application for an immigrant visa. What if I've been refused an immigrant visa; can I apply for a K-3 or K-4 visa? No. If you have applied for an immigrant visa and have been refused, you are not eligible to apply for the K visa. No. If you have been refused an immigrant visa, your child is, unfortunately, not
eligible to apply for the K-4 visa, even if he or she has yet to apply for an
immigrant visa. A K-3 or K-4 visa entitles the holder to reside in the United States only until he or
she becomes eligible to apply for an immigrant visa. If you do not wish to
pursue an application for an immigrant visa, you will not qualify for the K
visa. How and where do I apply for the visa? In order to qualify for the K-3 or K-4 visa, the applicant must be a beneficiary of
an I-130 immediate relative petition, which has yet to be approved by the United States Citizenship and Immigration Services (USCIS) in the United States. In order to active the processing of the
K-3 or K-4 visa, the U.S. citizen must file a petition; form I-129F, with the United States Citizenship
and Immigration Services (USCIS). On approval, the Embassy or Consulate
processing the K visa application will be notified. You are required to apply for the K visa at the U.S. Embassy or Consular Section in the
country where the marriage took place. If you married in the Sweden, your
application will be processed by the Immigrant Visa Unit of this Embassy. If
the marriage took place in the United States, the visa will be processed in the
country where you normally reside. What If the marriage took place in a country where there is no U.S. diplomatic presence? The application will be processed by the U.S. Embassy or Consular Section designed by the
Department of State to accept immigrant visa processing for that particular
country. You should visit the Department of State's website at http://travel.state.gov for further information. Can I apply for the K-3 or K-4 visa at another Embassy or Consulate? The visa must be processed at the Embassy or Consular Section having jurisdiction over the area
where the marriage took place. If you are unable to return to that country,
we suggest that you contact the Embassy or Consular Section where you
would like to process your application for further information. How will I know if I am eligible to apply for the K-3 or K-4 visa? If you meet the criteria for filing the I-129F, your U.S. spouse must file the form with the United States Citizenship and Immigration Services (USCIS) office in the U.S. Once the
petition has been approved, your spouse will receive notification of the
approval on form I-797. Will the Embassy receive notification of my eligibility to apply for the K visa? Yes, the Embassy will receive the approved I-129F petition. Can I apply for the visa while in the United States? No. You are required to return to the county where you were married to apply for the
visa. If the marriage ceremony took place in the United States, you are
required to apply for the visa at the Embassy or Consular Section in your country of
permanent or last residence. How much does it cost and how can I pay the fee? The fee for applying for the visa is 900 SEK. K-3 visa applicants are require to pay the fee into a bankgiro account. Further information will be sent with their appointment letter. What happens to my child(ren) if he or she turns 21 before an immigrant visa is issued? Holders of K-4 visas will be admitted for two years or until the day before their twenty-first
birthday, which ever is shorter. The K-4 visa holder's status will expire if he
or she turns 21. What happens if my child(ren) marries before he or she is issued an immigrant visa? Holders of K-4 visas will be admitted for two years or until the day before their
twenty-first birthday, which ever is shorter. The K-4 visa holder's status will
expire if he or she turns 21 or gets married. You will become eligible to apply for an immigrant visa. How do I apply for the immigrant visa? If you are physically present in the United States you may apply for an adjustment of
status with the United States Citizenship and Immigration Services (USCIS). If this
is your intention, you should state this fact in answer to Q.21 of form I-130.
If the I-130 has already been filed and you advised USCIS that you would apply
for the visa abroad, your spouse or parent should notify the USCIS that you will
apply for an adjustment of status. If you will apply for the immigrant visa at an American Embassy or Consular Section named on
the immigrant visa petition, form I-130, the approved petition will be
forwarded to the National Visa Center in New Hampshire which will send you the
packet of forms you are required to complete in connection with your
application for an immigrant visa. Do I require an Affidavit of Support as part of my K-3/K-4 visa application? Your spouse or parent is not required to file an I-864 at the time you apply for the
K-3 or K-4 visa. However, you will be required to furnish evidence (bank statements), to show that
you will not become a public charge while in the U.S. The U.S. citizen may also complete form I-134
to help you demonstrate that you will not become a public charge while in the U.S. The V visa is a Nonimmigrant visa introduced to facilitate entry into the United
States of beneficiaries of F2A petitions filed on or before December 21, 2000,
who have been waiting at least three years for an immigrant visa to be issued
to them. The V visa entitles the holder to reside in the United States with his
or her family members while waiting for an immigrant visa application to be
processed. Spouses and children under the age of 21 of Lawful Permanent Residents who have been
waiting at least three years for their immigrant visa applications to be
processed in the family based (F2A) second preference category on the basis of
a petition filed on or before December 21, 200, may apply for the V visa,
provided their priority date is not yet current, or the immigrant visa petition
has not yet been approved. No. The applicant must have a priority date (date on which the petition is filed with
the United States Citizenship and Immigration Services (USCIS)), which is not
current, and at least three years old, and the applicant must not have been
scheduled for an immigrant visa. Does this mean if I've been scheduled for an immigrant visa interview I cannot apply for the visa? Yes. If your priority date is current, that it to say a visa number is already
available for your use and you have been scheduled for an immigrant visa
interview, you are required to pursue your immigrant visa application. You
cannot apply for a V visa. What if I've been refused an immigrant visa; can I apply for a V visa? No. If you have applied for an immigrant visa and have been refused, you are not
eligible to apply for the V visa. Can I apply for a V visa if I no longer wish to continue with my application for an immigrant visa? A V visa entitles the holder to reside in the United States only until he or she becomes
eligible to apply for an immigrant visa. If you do not wish to pursue an
application for an immigrant visa, you will not qualify for the V visa. How and where do I apply for the visa? If you meet the criteria to apply for a V visa, you will be notified of your
eligibility by the National Visa Center in New Hampshire. Along with the
notification you will receive the form DS 3052. You should complete and return
this form to the Embassy or Consulate, which has been designated to process
your immigrant visa application, that is to say the Embassy or Consular Section named
on the immigrant visa petition. You should contact the Embassy or Consulate
concerned for further information and any additional forms you may be required
to complete. For residents of Sweden, the Embassy in Stockholm will be processing V visa
applications. The completed form should be returned to the Immigration Visa
Unit, American Embassy, 115 89 Stockholm. Can I apply for the V visa at another Embassy or Consulate? The Embassy or Consular Section would have to agree to accept your application for
processing. If you have already received notification of your eligibility to
apply for the V visa and wish to process your application at a post other than
the one named, you should contact the Embassy or Consular Section for further
information. Will the Embassy receive notification of the applicant's eligibility for the V visa? Yes, the Embassy is notified at the same time as the applicant. The Embassy cannot process your application on the basis of the I-797 if we
have not received notification of your registration for the V visa from the
Department of State. While you are required to furnish a copy of the I-797 with
your application and the original on the day of your visa interview, we also
require official notification of your eligibility for the visa from the
Department of State. Can I apply for the visa while in the United States? You may apply to adjust your status to the V visa category with the U.S. Citizenship and Immigration Services (USCIS) if you are in the United States. If
you leave the United States, however, you will be required to apply to have
your passport endorsed with a V visa at an American Embassy or Consulate
outside the United States in order to return. You should contact the Embassy or
Consular Section before departing the U.S. for further information. How much does it cost and how can I pay the fee? The fee for applying for the visa is 900 SEK. V visa applicants are require to pay the fee into a bankgiro account. Further information will be sent with their appointment letter. For how long is the V visa valid for travel to the United States? In general the visa will be issued for multiple entries for 10 years. However, as
a child is entitled to F2A status only while under the age of 21, in such cases
the visa will be issued to expire on the child's 21st birthday. Does this mean that I can stay in the U.S. for ten years on this visa? U.S. Citizenship and Immigration Services (USCIS) will admit the holder of a V visa
for an initial period of 2 years. After two years, the V visa holder may apply
for an extension of stay, if a visa number is not yet available for his or her
use, or an immigrant visa, if it is. What happens to my child if he or she turns 21 before an immigrant visa is issued? If your child is deriving status from an immigrant visa petition filed on your behalf,
and he/she turns 21 before the immigrant visa is issued, a new petition must be
filed in the F2B category. If your child is the beneficiary of an F2A petition
in his or her own right, the F2A petition will be converted to that of F2B. In
either case, your child will then be required to wait for the availability of a
visa number in the F2B category before an immigrant visa petition application
can be processed for him or her. Will my child be required to leave the United States? Your child is only eligible for V visa status while under the age of 21. If he or
she turns 21 before the immigrant visa is issued, he/she will lose his or her
entitlement to V visa status. If your child is in the United States, you must
contact the United States Citizenship and Immigration Services (USCIS) for further
information. What happens if my child marries before he or she is issued an immigrant visa? Your child is only entitled to family based second preference status while under the
age of 21 and single. If he or she marries before the immigrant visa is issued,
he or she will loose his or her entitlement to V visa status and will no longer
be eligible for an immigrant visa in the family based second preference
category. Holders of V visas may apply for employment authorization once in the United States.
You should contact the United States Citizenship and Immigration Services (USCIS) on
your arrival in the United States for further information. What happens when my priority date becomes current? You will become eligible to apply for an immigrant visa. How do I apply for the immigrant visa? When your priority date becomes current, you will be sent a packet of forms to apply for
the immigrant visa. If you are residing in the U.S. at the time, you may apply
for an adjustment of status with the United States Citizenship and Immigration Services (USCIS), or you may process your immigrant visa application through the
Embassy or Consular Section named on the immigrant visa petition. If you are in
Sweden, or your last place of residence before traveling to the United States
was Sweden, then your application will be processed by this Embassy. Do I require an I-864 affidavit of support? Your spouse or parent is not required to file an I-864 at the time you apply for the
V visa. However, you will be required to furnish evidence to show that you will
not become a public charge while in the U.S. EmploymentTemporary Work Visas |
Employment Based Immigration I have a job offer. How do I know whether to apply for a temporary or immigrant visa? The type of visa you require will depend on the period of time you intend remaining in
the United States. For example, if the job offer is for a couple of years, you
will require a temporary work visa. However, if the offer is for an indefinite
period, you will require an immigrant visa. Your prospective employer should
contact the U.S. Citizenship and Immigration Services (USCIS) for further information. What if I do not have employment in the United States, or cannot find a job there? In general, a specific job offered is required in order to qualify for a temporary work
visa or employment based immigrant visa. The exception being the exchange visitor visa
for those seeking temporary employment and the priority worker, or alien of exceptional ability
category of immigrant visa for those seeking immigrant status. If do not qualify for immigration in one of the employment-based preference categories,
you may be eligible for immigration in
one of the family based categories or as a diversity
immigrant. How can I find employment in the United States? We are unable to furnish information on employment opportunities in the United States.
There is no United States Government office in Sweden, which furnishes
information concerning jobs available in the United States. While there are
Federally supported employment offices throughout the United States, which
assist job seekers, those offices, are not authorized to answer inquires from
overseas. If you belong to a professional or trade organizations in Sweden,
they may have counterpart organizations in the U.S. to whom you could inquire
about job opportunities in your field of expertise. The Embassy cannot
assist you in finding employment in the U.S. What is the difference between a labor condition application and labor certification? A labor condition application relates to the payment and working conditions of the
prospective employee. Labor certification, filed on the form ETA-750,
establishes that there are not sufficient qualified worker available in the
particular profession at the time and place where the alien will be employed
and that the employment of the alien, if qualified, will not adversely affect
the wages and working conditions of similarly employed United States workers. A labor condition application is filed in the case of a temporary work petition in the
H-1B category. Labor certification approval is a prerequisite to filing a
temporary work (H-2) petition, and an immigrant visa petition in the employment
based second and third preference categories. A labor condition application and labor certification are filed with the Department of
Labor. Do you have a list of jobs, which are in short supply? No, the Embassy does not maintain such a list. Your prospective employer may wish to
contact the local office of the Department of Labor for further information. I believe that I qualify for immigration as a priority worker; how do I proceed? You should contact the office of the U.S. Citizenship and Immigration (USCIS) having jurisdiction over the area of
intended residence in the United States. Only INS can determine your
eligibility to register for immigration in this category. The petition, form I-140, which you are required to file on your own behalf must be supported by
documents which attest to your national or international standing in your field
of expertise. My spouse was granted conditional resident status. What do we do to have the status removed? You and your spouse are required to file a petition, form I-751, with the office of the
United States Citizenship and Immigration Services (USCIS) to have the conditional
resident status removed. The petition must be filed 90 days before the second
anniversary of your husband/wife being admitted into the United States on an
immigrant visa, or adjustment of status, if he or she entered on a fiancé(e)
visa. While the I-751 may be obtained by sending a stamped, self-addressed
envelope to the Immigrant Visa Unit, American Embassy, 115 89 Stockholm, or they
can be obtained from the USCIS website www.uscis.gov
Conditional residents of the United States who failed to file an application to have their
conditional resident status removed are required to reapply for immigrant
status by having their American citizen or Lawful Permanent Resident relative
file an immigrant visa petition, form I-130, on their behalf. How long can I remain outside the United States with my Permanent Resident Card (green card)? You will maintain status, provided you do not remain outside the United States for
longer than one calendar year and you maintain a bona fide domicile in the
United States. Failure to return to the United States within one calendar year
will jeopardize permanent resident status. If you are in possession of a valid re-entry
permit ( form I-131)
issued by the, United States Citizenship and Immigration Services (USCIS) you must
return to the United States before the permit expires. You should be aware,
however, that the final determination on your eligibility for admission into
the United States rests with the USCIS at the port of entry. If you have been
outside the United States for less than twelve months and you require further
information, you should contact the Immigrant Visa Unit at the Embassy. What if I have been outside the United States for longer than twelve months? If you are not in possession of a valid re-entry permit, or your re-entry permit has
expired, you will require a new immigrant visa to re-enter the United States to
resume your residence there. My re-entry permit is due to expire; what do I do? You should contact the Immigrant Visa Unit. Telephone 08-783 5370, Monday through
Thursday between 1 and 3 pm. I've lost my Permanent Resident Card (green card); what do I do? If you have been outside the United States for less than twelve months, you should
contact Immigrant Visa Unit in order to inquire whether or not you are eligible to apply for a
letter of transportation or visit our website for instructions lost or misplaced green cards. You will not require a visa for your child if: ·
he/she is under two years of age; it is his/her first entry into the United States since birth; ·
and he/she is being accompanied by the parent who is applying for readmission as a permanent resident upon the parent’s first return to the United States after
the child’s birth. Your child will require his or her own passport, if not included on the accompanying
parent’s passport, and his/her long form birth certificate, listing both
parents’ names. In the event that one parent is a citizen of the United States,
the foregoing information should be disregarded and an application must be made
for a U.S. passport. I have a green card, but I'm only going back to the United States for a short visit. What do I do? If you were a Lawful Permanent Resident (green card holder) and you have been outside
the United States for longer than twelve months, or two years, if holding a
re-entry permit, you will be required to either apply for a visitor visa, or if
eligible, travel visa free under the Visa Waiver Program. It is
recommended that you return your Permanent Resident Card, see below. If you no longer wish to reside in the United States you may formally abandon your status
by completing the form I-407. Please fax or call and
request the form from the Immigrant
Visa Unit. Mail the form I-407, with your Permanent Resident Card (green
card) and your passport to the Immigrant Visa Unit. We will note in the
passport, that you have completed form I-407. We request that you send a self
addressed stamped envelope, so that we can return your passport once the
notation has been made. Registered mail is recommended. My green card has expired, what do I do? The United States Citizenship and Immigration Services (USCIS) informed us that persons who have an expired
ten year Alien Registration Card, commonly known as a Green Card, (I-551), who
are at this time outside the U.S. can enter the U.S. without the
issuance of a transportation letter, as long as the individual has not been outside the U.S. for more than six months. The Transportation Companies, received a notification letter, issued September 13, 1999, informing
them that they should permit boarding of any bonafide Lawful Permanent Resident
(LPR) in possession of an expired Alien Registration Card with a ten year
expiration date, if the expiration date on the card is the only reason that the
LPR would otherwise not be boarded. Airlines are to permit boarding without any
penalty to the LPR. Carriers were also informed that this policy does not affect Conditional Permanent Resident card
holders with a two year expiration date. The Conditional Permanent Resident in
possession of an expired Alien Registration Card must continue to have evidence
that the Alien Registration Card expiration date has been extended. Applications (I-90) for new Alien Registration Card, must be made with the United States Citizenship and Immigration Services (USCIS) in the U.S. as soon as possible. For further instructions on how to renew your Green Card (I-551) please go into www.uscis.gov
The Diversity Immigrant Visa Program, commonly known as the lottery, makes
available each year by random selection 55,000 permanent residence visas to
persons from countries that have low rates of immigration to the United States.
Eligibility to apply for this Program is determined by a person's place of
birth not citizenship or residence. The list of excluded countries may vary
from year to year. What do you mean by "excluded countries"? These are countries that have sent more than 50,000 immigrants to the United States
during the five years immediately proceeding the registration period. How do I apply for the lottery? Each year there is a one calendar month registration period beginning on the first Monday
in October, when qualified applicants are invited to apply to register for the
Program by mail. Entries are selected at random by computer, regardless of the
date and time of receipt during that period. Successful applicants are invited
to apply for an immigrant visa and will be required to establish their
eligibility for a visa under current laws and regulations. When is the next registration period? The registration period for the next DV Lottery. If I was born in one of the excluded countries, can I still apply? If you are married, you may be eligible to claim your spouse's place of birth if
he/she was born in one of the qualifying countries. Note:
In order to benefit from this provision, you must both be issued visas and
enter the United States together. If you were born in an excluded country of which neither parent was born nor resident
at the time of your birth, you may be able to claim one of their places of
birth, provided it is an eligible country. In general people are not considered
residents of a country in which they were not born or legally naturalized if they
are only visiting the country temporarily or stationed in the country for
business or professional reasons on behalf of a company or government. Can both my spouse and I submit applications? Yes. A husband and wife may each submit a separate application listing their spouse as
the dependent. Must each applicant submit his/her own entry, or may someone act on behalf of the applicant? Applicants may prepare and submit their own entries, or have someone submit the entry for
them. Only one entry may be submitted in the name of the person. A husband and
wife may each submit a separate application listing their spouse and children
as dependents. What family members must I include on my entry? You must list your spouse, even if you are currently separated from him/her and he/she
does not intend immigrating with you. If you are legally divorced, you do not
need to list your former spouse. For customary marriages, the important date is
the date of the original marriage ceremony, not the date on which the marriage
is registered. You must list all unmarried children under the age of 21 whether they are your natural
children, your spouse's children by a previous marriage, or children you have
formally adopted in accordance with the laws of your country. You must also
list them even if they are no longer living with you. You are not required to
list children who are U.S. citizens or Legal Permanent Residents. Are photographs required for each family member, or only for the principal applicant? Recent and individual photographs of
the principal applicant, his or her spouse, and all natural children as well as
legally adopted and stepchildren who are under 21 and unmarried are required,
even if the children no longer reside with the applicant. Note: Group family
photographs are not acceptable. If I list my spouse and children does this mean they must immigrate with me? No. Including your spouse and/or children on your application does not mean that
they must immigrate with you. However, if you do not include your spouse and/or
children on your application to register and include them on your application
for an immigrant visa, your application will be disqualified.
This requirement only applies if your spouse and/or children were dependents at
the time you submit your application to register for the lottery; it does not
apply if your spouse and/or children were acquired after your application was
submitted. It is important to note, however, that if you are born in an excluded country and
your spouse is not, and you are using your spouse's place of birth to apply to
register for the program, you and your spouse will be required to immigrate to
the U.S. together, if your application is successful. What are the requirements for education or work experience? Education: An applicant is required to have a high school education or equivalent. This is
defined as successful completion of a twelve year course of elementary and
secondary education in the United States, or if outside the United States,
successful completion of a formal course of elementary and secondary education
comparable to a high school education in the United States. Work Experience: An applicant is required to have two years of work experience in
the last five years in an occupation requiring at least two years training or
experience. The determination on whether or not the applicant has the requisite
work experience will be based on the Department of Labor's O*Net Online
database at http://online.onetcenter.org. What Occupations will Qualify for the Diversity Visa Program (eDV)? The Department of Labor (DOL) O*Net Online database groups job experience into five "job zones." While many occupations are listed on the DOL Website, only certain specified occupations qualify for the Diversity Visa Program. To qualify for a Diversity Visa on the basis of your work experience, you must, within the past five years, have two years of experience in an occupation that is designated as Job Zone 4 or 5, classified in a Specific Vocational Preparation (SVP) range of 7.0 or higher. How Do I Find the Qualifying Occupations on the Department of Labor Website? Qualifying DV Occupations are shown on the Department of Labor O*Net Online Database |