Frequently Asked Questions about Immigrant and Fiancée Visas

1. Where can I get the necessary forms?
2. Where should I submit my Immigrant Visa petition?
3. What if I am applying for my spouse and stepchild?
4. How can I obtain an Immigrant Visa for my fiancé(e)?
5. How long does the process take?

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.

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 United States Citizenship and Immigration Service Beijing Office.

What if I am applying for my spouse and stepchild?

A separate I-130 petition must be filed if you are also petitioning for your stepchild To be eligible for the petition, the child must be under 18 years when you married your spouse. Supporting documents include all those needed for the petition filed for the spouse, plus a Notarial Birth Certificate for the child.

How can I obtain an Immigrant Visa for my fiancé(e)?

It is possible to apply for a “K" visa which would enable a fiancé(e) 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. After 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 since cases are adjudicated on an individual basis and different petitions are subject to different procedures.

For answers to more questions about immigrant visas, click here to go to the U.S. Consulate Guanghzhou website.