Embassy of the United States

immigrant visas

Frequently Asked Questions 

 

Do I need an Immigrant Visa?

Anyone 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

Can I work?

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.

What about my pet?

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.

How much money can I bring?

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.

Do I have to get a medical exam?

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 INTERVIEW

How 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.

My spouse, who is an American citizen, has filed the immigrant visa petition on my behalf. Is he/she required to attend the immigrant visa interview with me?

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.

When will I get my visa?

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 $131 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.

When do I pay this fee?

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.

How can I pay this fee?

The Embassy accepts the visa processing fee in credit card or cash.

What if my visa is refused?

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.

CHILDREN

Does 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.

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.

A petition has been filed on my behalf. I now have a child. Can he/she 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 contact the American citizen Services.

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. The Immigrant Visa Unit will advise you further.

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.

I'm filing an immigrant visa petition on behalf of my son or daughter. I understand that in order to do so I'm required to reside in the U.S.

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.

My child is not immigrating with me do I still have to list his or her details on the biographic data form DS-230 part 1?

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.

I am the beneficiary of an immigrant visa petition filed by my U.S. citizen son/daughter (IR-5). I wish to take my minor child with me to the U.S.

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 & FIANCE'(E)S OF U.S. CITIZENS

I intend to marry/I am married to an American citizen; we plan to move to the United States. What do we do?

If 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 etition, 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.

I-864, AFFIDAVIT OF SUPPORT

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.

DOMICILE

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:

• the U.S. government, including the U.S. Armed Forces;
  an American Institution of research recognized as such by the Attorney General;
  
• an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States or a subsidiary thereof;
  
• by a public international organization in which the U.S. participates by treaty or status; and
  
• a person who is performing the ministerial or priestly functions of a religious denomination having a bona fide organization with the United States who is temporarily stationed abroad pursuant to that calling of is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States and is stationed to that calling.

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.

As the sponsor, will I have to travel to the United States ahead of my relative to establish residence?

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 SIZE

I’m filing an immigrant visa petition on behalf of my brother, but as I have limited financial resources I cannot afford to sponsor his wife and children. Is this OK?

This 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.

I’m divorced and my child resides in my household part of the time and with my spouse the other. Is he or she counted as part of my household?

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.

INCOME & ASSETS

I do not work/ I am retired/I know that my income does not meet the Federal poverty guidelines for my household size; am I still required to file an I-864?

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.

If I require a joint sponsor as I am unable to meet the Federal Poverty Guidelines, who will be financially responsible for the sponsored immigrant?

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.

How can I do this?

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).

The sponsored immigrant has been offered employment on his or her relocation to the United States; can this be taken into consideration?

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.

If my income does not meet the poverty level guidelines for my household size, do I have to use a household member?

No. If you do not meet the income requirements you make take into consideration your assets, including the assets of the sponsored immigrant.

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 mention property; I own a home in Sweden, which I will sell if my relative is issued an immigrant visa. How can I show you the value of this property?

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.

I am sponsoring my spouse, the assets which we need to use to meet the poverty level are joint assets; is this OK?

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.

I am sponsoring my spouse for immigration and we will use his or her assets to meet the poverty level guidelines, does he or she need to complete an I-864A?

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 $27,562. Therefore the value of your assets must total at least five times the difference between $18,000 and $27,562, i.e. $9,562 X 5 = $47,810.

TAX RETURNS

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.

I do not have copies of my tax return; can I submit an electronic summary of the return, which I provided to the IRS?

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.

If I find out that I was required to file a tax return and have failed to do so, can I still qualify as a sponsor/joint sponsor?

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.

SPONSOR & JOINT SPONSOR

I filed the immigrant visa petition, but can I be a sponsor if I am currently unemployed/retired/student and I am not earning an income?

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.

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.

Does the sponsor/joint sponsor’s obligation end with divorce or the death of the sponsor/joint sponsor?

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.

What if the sponsor dies before all of the family members of the sponsored immigrant have entered the United States?

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.

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.

DOCUMENT CHECKLIST

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 income 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.

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.

JOINT SPONSOR (if required): You are required to complete an additional Affidavit of support, form I-864. The I-864 should be presented with the following as outlined in 1 through 4.

1. Your complete federal tax return and W-2s for the most recent tax year;

2. Evidence of assets, if needed;

3. Evidence of your current employment or self-employment and

4. Proof of U.S. citizenship of Lawful permanent resident status

K3 VISA

What is the K3 visa?

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, form I-130, 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.

If an immediate relative petition has been filed on my behalf, then I am eligible to apply for the K-3 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.

What if I have been refused an immigrant visa, but my child has yet to apply for the visa. Can he or she apply for the K-4 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.

Can I apply for a K-3 or K-4 visa if I no longer wish to continue with my application 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. Once the Embassy has received the approved I-129F petition, we will send you a package of instructions.

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 $131 or the equivalent in Swedish kroners at the Embassy’s current exchange rate. Visa applicants are required to present proof of payment on the day of the visa interview and will be sent further instructions 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.

What happens when the immigrant visa petition, form I-130, is approved by the United States Citizenship and Immigration Services (USCIS)?

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.

EMPLOYMENT

Temporary 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.

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.

LAWFUL PERMANENT RESIDENT

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. Form I-751 can be obtained from the USCIS website www.uscis.gov

I was granted conditional resident status, but never filed to have the status removed. I’ve been outside the United States for longer than 12 months, how can I return?

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.

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.

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.

I’m a Lawful Permanent Resident of the United States. I’ve recently given birth to a child. What type of visa does he/she require to return with me to the United States?

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/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.

I have a Permanent Resident Card (green card) and I no longer wish to live in the United States; what do I do?

If you no longer wish to reside in the United States you may formally abandon your status by completing the form I-407. 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 also 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 Permanent Resident 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 Permanent Resident 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

DIVERSITY IMMIGRANT VISA PROGRAM - THE LOTTERY

Registration Information

What is the lottery?

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?

Please see www.travel.state.gov

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 . Follow these steps to find out if your occupation qualifies: Select "Find Occupations" and then select a specific "Job Family". (For example, select Architecture and Engineering and click "GO". Then click on the link for the specific Occupation (For example, Aerospace Engineers). After selecting a specific Occupation link, select the tab "Job Zone" to find out the designated Job Zone number and Specific Vocational Preparation (SVP) rating range.

Are there any fees involved in applying for the Program?

You are not required to pay a fee to submit an application to register for the Program. However, if your application is successful and you selected to apply for an immigrant visa, you, your spouse and children, if any, will be required to pay a special processing fee per person which will be in addition to a visa processing fee of $775 per person. Further details will be mailed to successful applicants.

Is there a minimum age for applicants to apply for the DV Program?

There is no minimum age to apply for the program, but the requirement of a high school education or work experience effectively disqualified most persons who are under the age of 18.

Can you apply if you are in the United States and can an application be mailed from the United States?

Yes, an applicant who is in the United States may apply for registration, provided he or she is eligible for the Program. The application may also be mailed from the United States.

Why are persons born in certain countries not eligible to apply for the Program?

The Program was created to provide an avenue for immigration to the United States for persons born in countries, which have had low rates of immigration to the United States in recent years. Countries that have sent more than 50,000 immigrants to the United States within the previous five years, do not qualify for the Program. The countries are reviewed annually, but since the implementation of this Program.

Do you think it will help my chances of being successful if I hire an attorney or consultant?

The decision to hire an attorney or consultant in a visa matter is entirely up to the applicant. The procedures for entering the lottery can be completed without assistance by following simple instructions. However, if applicants prefer to use outside assistance, that is their choice. There are many legitimate attorneys and immigration consultants assisting applicants for reasonable fees, or in some cases, no fee. Unfortunately, there are other persons who are charging exorbitant rates and making unrealistic claims. The selection of winners in the lottery is made at random, using a computer. No outside service can improve an applicant's chances of being selected, and nobody can guarantee an entry will win. Any service that claims it can improve an applicant's odds would be promising something it cannot deliver.

I have applied for an immigrant visa in the immediate relative/family/employment based preference category; can I also apply to register for the Program?

Yes. Your registration for immigration in another immigrant visa category does not prohibit you from applying to register for this Program.

What can I do if I believe a company has taken money from me under false pretenses?

If you believe that you have a complaint against a company that has been advertising its service for the visa lottery, you should contact your local consumer affairs office or the Federal Trade Commission in the United States. The address of the Federal Trade Commission is Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, DC 20580; phone number: 202 382 4357. There is also a complaint form on the Internet at www.ftc.gov.

I have applied to register for the lottery, when will I know if I have been selected?

Successful applicants are usually notified of their registration between May and July, from the Kentucky Consular Center, Lexington, Kentucky by regular mail (not e-mail). If you have not been notified of your registration, then you were not selected for the Program. The Embassy will not have a list of those who have been registered.

I have been selected for the lottery and have been invited to apply for an immigrant visa. Why am I being told to apply early, when I have until September 30 in which to do so?

Being selected does not guarantee that a visa will be issued to you. A much larger pool of winners is selected than the 55, 000 visas available each year. Applicants, who delay applying for the visa on receiving notification of their registration, may find that there are unable to proceed with their application, as there are no visa numbers available for their use.

In addition, in order to actively receive a visa, applicants selected must meet all eligibility requirements under U.S. law, including any applicable special processing requirements established in response to the events of September 11, 2002. These requirements may significantly increase the level of scrutiny required and time necessary for processing of applications for those born in some of the countries listed for this Program, including but not limited to, countries identified as state sponsors of terrorism.

If I apply for the visa before September 30 and my application is denied under Section 221(g) of the Immigration and Nationality Act, will I be guaranteed a visa number when I am ready to proceed?

No, even if you have applied for the visa, unless the visa is issued to you, no guarantees can be offered that a visa number will be available for your use when you are ready to proceed with your application.

I was selected for last year's lottery, but didn't get my visa by September 30, can I still go?

No. As you did not pursue your application, you can no longer benefit from your registration for the Program. You had only until September 30 in which to be issued an immigrant visa.

 

For Additional Information

You may contact us via email, telephone, fax, or by writing if you cannot find the answers to your questions using our website and FAQs.

E-mail address: stkivinfo@state.gov. Please include a daytime telephone number in your e-mail. We strive to answer your e-email within two business days.

Telephone hours: 1:00 - 2:00 PM, Monday and Wednesday at telephone number +46 (0)8 783 5370. We are closed on U.S. and Swedish holidays.

Fax: +46 (0)8 783 5480. Please enclose a reply fax number or e-mail address. 
 

Visiting address by appointment only (except for U.S. citizens who wish to file the I-130 petition on behalf of spouse/minor child):

Immigrant Visa Unit
Embassy of the United States of America
Dag Hammarskjölds Väg 31
SE- 115 89 Stockholm Sweden