Immigrant Visas

How to Apply for an Immigrant or Fiance Visa

Required Documents

• See attached check list
  
• Fee: $190 Per Petition
  

Frequently Asked Questions

Where can I get the necessary forms?
You can download the I-130 and G-325A forms from the Department of Homeland Security website.  Alternatively, you may pick up these forms in person from the American Citizens Services (ACS) unit of the U.S. Consulate General in Shanghai.

The forms mention “petitioner” and “beneficiary”  What is meant by these terms?
The petitioner is the American citizen who is petitioning for a foreign national to be allowed to enter the U.S. as a legal immigrant. The beneficiary is the foreign national who is seeking to immigrate to the U.S.

Where should I submit my Immigrant Visa petition?
If you reside in the United States, you should submit your application to the Department of Homeland Security office that has jurisdiction over where you live. If you reside in the Shanghai Consular District AND have a valid Chinese Foreigner’s Residence Permit visa you may submit your petition to the ACS Unit of the U.S. Consulate General in Shanghai. Our office will forward your application to the Department of Homeland Security office in Beijing.  

What if I am applying for my spouse and their child?
A separate I-130 petition petition must be filed if the USC is also petitioning the stepchild (to be eligible for the petition, the child must be under 18 years when the USC married the petitioned spouse). Supporting documents include all those needed for the petition filed for the spouse, plus a Notarial Birth Certificate of the child. Filing fee is also $185.00.

How can I obtain an Immigrant Visa for my fiancée?
It is possible to apply for a “K" visa which would enable a fiancée to travel to the United States in order to get married to an American and reside in the U.S. However, such petitions MUST be filed with the nearest DHS in the U.S. This type of visa petition may not be adjudicated abroad. Please consult http://travel.state.gov/visa/visa_1750.html for more information.

How long does the process take?
From start to finish the Immigrant Visa process has many steps. After completing the forms and collecting the necessary documents, petitioners must file these with the DHS office in Beijing (or present these to the nearest U.S. Consulate for assistance in forwarding these to the DHS). After the DHS approves the petition, it is sent to the U.S. Consulate General in Guangzhou. At that time, the petitioner and beneficiary will be contacted in order to schedule a time for a personal interview. It is impossible to give a definite time frame, but recent experience suggests that applicants should plan for a wait of six to nine months.