Immigrant Visas

Versión en Español de Visas de Inmigrante

All persons who plan to travel to the United States to establish permanent residency must obtain an Immigrant Visa prior to entering the U.S. The process for all Immigrant Visas, other than the Diversity Visa Lottery process, begins with the Department of Homeland Security in the United States, or in limited cases with the DHS at the Embassy. While the Immigrant Visa application process can at times seem confusing, the applicant bears the responsibility of assuring that they comply with all requirements. Please read the following information with care. If you have general questions about the process, or if you would like to inquire about the status of your own application, please contact us using the information at the end of this section. For more imformation, please contact the Immigrant Visa Unit by email, at: GuatemalaIV@state.gov

General Categories of Immigrant Visas

Priority Dates

The Process

Requirements for the Interview

Evidence of Economic/Financial Support

Fiancé/e Visas

List of Fees

Contacting the Consular Section

GENERAL CATEGORIES OF IMMIGRANTS

I. Immediate Relatives ("IR") of United States Citizens – These categories of visas are not subject to numerical limitation, thus there is no waiting period for these visa categories. Under these categories, a petition must be filed for each person - children may not be included on the petition of a parent, etc. To initiate processing for these categories of visas, the U.S. Citizen relative must file an I-130 petition with the Department of Homeland Security for each immigrant.

II. Family-Sponsored ("F") Preferences – These categories are subject to numerical limitation and are subject to a waiting period based on the date the petition was filed (also known as the priority date). The waiting period varies depending on the visa category. The first step in the visa process for these visa categories if the filing of an I-130 petition by the U.S. Citizen or Legal Permanent Resident Alien relative.

III. Employment-Based ("E") Preferences - These categories are subject to numerical limitation, and are subject to a waiting period based on the date the petition was filed (also known as the priority date). The waiting period varies depending on the visa category. The first step in the employment-based immigrant visa process is the filing of an I-140, I-360, or I-526 petition with the DHS. Depending on the employment visa category, the prospective U.S. based employer or intending immigrant may be required to file the petition. For some categories, the U.S. Department of Labor must certify that there is an unmet demand for the specific skill held by the intending immigrant in the proposed geographic area.

IV. Diversity Immigrants – Beginning October 1, 1994, 55,000 immigrant visas shall be made available annually to natives of foreign states which the U.S. Attorney General has determined to have had a previous low ratio of immigrants admitted under the other sections of the immigration law. Such immigrants will be identified by random selection each year by the Secretary of State from among the persons who submit applications during a specified period. Applicants for diversity immigrant status must have a high school education or two years of recent work experience in a skilled job. More information about the "Diversity Visa Lottery" can be obtained at 202-331-7199.

V. Fiancé(e) (K1) Visas – A fiancé(e) of a U.S. Citizen who will marry the U.S. Citizen in the United States and thereafter reside in the United States requires a K1 visa. Although technically a non-immigrant visa, the K1 visa requires an I-129F petition approved by DHS in the U.S. and is processed by the Immigrant Visa Unit as the first step in the immigration process. Persons planning to marry a U.S. Citizen outside the U.S. and take up residence in the U.S. after marriage require an Immediate Relative immigrant visa. See Fiancé/e Visas for more information.

PRIORITY DATES

Because of the numerical limitation on annual issuance of visas, Family-Based Preference and Employment-Based Preference categories are subject to waiting periods. The date that the petition was filed is called its priority date. A petition cannot be processed until its priority date is current. This means the priority date of a given petition must be before the current cutoff date listed for the appropriate category. Current priority date cutoff dates can be viewed at http://travel.state.gov. The Department of State also has available a recorded message with visa cut-off dates which can be heard at 202-663-1541. The website and telephone recording are both updated monthly.

 THE PROCESS

THE FIRST STEP - THE DEPARTMENT OF HOMELAND SECURITY

THE SECOND STEP – THE NATIONAL VISA CENTER

THE THIRD STEP – THE EMBASSY CONSULAR SECTION

REQUIREMENTS FOR THE VISA INTERVIEW

The visa interview will be scheduled only after the petition is approved, the priority date is current, and the applicant has returned the Packet 3 response.

1. Passport The passport must be valid for at least six months after the date of the visa interview. Every applicant must have a passport with correct biographical information. If there is any error in the biographical information, the applicant must have it corrected by the proper authorities prior to visa issuance. If the applicant has previously traveled to the United States, the applicant should present any previous passport(s) in addition to the current passport.
   
   
2. $335 Total Fees (or the equivalent in Guatemalan Quetzals) This fee must be paid to the Consular Section cashier prior to the interview (unless paid at the National Visa Center).
   
   
3. Photographs The applicant must attach two (2) recent, color or black and white photos (2" in height by 2" in width, face 50% of photo, white background, ears and forehead uncovered, without earrings or hat). Click here for more detailed information about photo requirements.
   
   
4. Form DS-230 - Application for Immigrant Visa and Alien Registration A completed Form DS-230 is required for each applicant regardless of age. All of the questions must be answered. Please do not sign the last page of the form until the Consular Officer instructs you to do so at the visa appointment.
   
   
5. Birth Certificate (original) A valid birth certificate must be submitted for each applicant.
   
   
6. Marriage Certificate (original) Each married applicant must submit a valid marriage certificate. In addition applicants who have been married previously must submit original or certified evidence of the termination of the prior marriage (certificate of divorce or annulment or death certificate of the previous spouse).
   
   
7. Medical Examination Every applicant regardless of age must have a medical exam performed by one of the embassy's panel physicians. Each applicant is provided with more information regarding the medical exam in Packet 4 when the applicant is notified of their visa interview appointment. The panel physicians cannot perform the medical exam until the applicant has a scheduled appointment. The applicant must present the visa appointment letter and a valid passport at the time of the medical examination. Approximately two days after the exam, the panel physician will provide the applicant with a written, sealed report for the applicant to bring to the visa appointment. Medical examinations performed by physicians other than the embassy's panel physicians cannot be accepted.
   
   
8. Evidence of Financial Support. Each applicant for Immediate Relative or Family-Sponsored Preference visas must submit an Affidavit of Support, Form I-864 (see more information below) completed and signed by the visa petitioner and notarized by a Notary Public in the U.S. or by a Consular Office at the Embassy. The petitioner must also submit copies of their Federal Income Tax Returns (Form 1040 including all attachments and Form W-2) for the last three years and proof of employment such as a notarized letter from their employer. If the petitioner's income does not exceed 125% of the current year's Poverty Guidelines for the petitioner's household size including the sponsored applicant(s), the applicant(s) should also submit an Affidavit of Support, employment proof, and copies of the last three years federal income taxes from a joint sponsor. The joint sponsor must have income exceeding 125% of the Poverty Guidelines for the joint sponsor's household size, including the sponsored applicants. The joint sponsor must be a U.S. citizen or Legal Permanent Resident currently domiciled in the U.S., and should be a relative of the petitioner or applicant, but non-relatives may be accepted if there is a lengthy and strong relationship. The income of the petitioner and the joint sponsor may not be aggregated in order to meet/exceed the income requirements. The joint sponsor, if there is one, must meet the income requirements independently. The petitioner or joint sponsor may include in the income listed on their respective Affidavits of Support the income of other individuals who have shared the petitioner's or joint sponsor's residence for at least six months and are related to the petitioner or joint sponsor by birth, marriage, or adoption. Each household member contributing income (co-sponsor) to the total income listed on another person's Affidavit of Support must complete Form I-864A, the Contract Between Sponsor and Household Member.

THE K-1 NON-IMMIGRANT VISA FOR THE FIANCÉ(E) OF A U.S. CITIZEN

A fiancé(e) of a United States citizen who will marry in the United States and thereafter reside in the United States requires a K-1 nonimmigrant visa. The couple must marry within 90 days of the non-U.S. citizen's entry into the United States. After the couple has married the non-U.S. citizen must apply with the DHS in the U.S. for adjustment of status to that of Conditional Permanent Resident (CR1). Two years after the marriage, the conditional aspect of the status may be removed by the DHS.

CRITERIA

· One party must be a U.S. citizen.

· Both parties must be legally free to marry and intends to do so.

· The marriage will take place within 90 days of the non-citizen's arrival in the U.S.

PETITION

The first step in applying for a fiancé(e) visa is for the American citizen to file a petition, Form I-129F with the DHS office having jurisdiction over his/her place of residence in the United States. The petition may not be filed with any DHS office outside the United States. Upon approval, the DHS will send notice to the U.S. Citizen and will forward the petition directly to the appropriate Consular Section. (Approved fiancé(e) petitions do not pass through the National Visa Center for processing.) The approval of petition is valid for four months, and the non-Citizen fiancé(e) must apply for the visa within that time.

MINOR CHILDREN

Children of the non-citizen fiancé(e) who are under age 21 may be eligible for derivative status on the same petition. If included in the approved petition, these children would be eligible for a K-2 non-immigrant visa. If the child is the natural issue of the U.S. citizen parent, the child may have a claim to American citizenship, in which case the American citizen should contact the American Citizen Services Unit of the Consular Section.

THE PROCESS

Once the Consular Section receives the approved petition from the DHS, an Instruction Letter for K-1 Visas will be mailed to the visa applicant explaining the application procedure. The applicant must return the K-1 Instruction Letter indicating that he or she has all the required documents necessary for the interview. This letter may be mailed or returned personally to the Consular Section (see Contacts). Upon receipt of the K-1 Instruction Letter the Consular Section will schedule an interview appointment for the applicant(s) at the earliest possible date. The applicant will receive Packet 4 and an appointment letter stating the date and time of the interview and giving instructions on how to schedule the medical examination.

DOCUMENTS REQUIRED FOR THE INTERVIEW

K-1 visa interviews are conducted in the Immigrant Visa Unit (windows 5-7). The following documents are required for the applicant and for each child included on the petition:

• Passport (valid for at least 6 months after the visa appointment date)
• Receipt for $100 (or the equivalent in Quetzals) from any branch of Banco Uno
• 2 completed copies of the Non-Immigrant Visa Application Form DS-156. This form is provided by the Consular Section but can also be obtained from any branch of Banco Uno (where the fee is paid) or outside the embassy Consular Section.
• 2 Color Photographs: The applicant must attach two (2) recent, color or black and white photos (2" in height by 2" in width, face 50% of photo, white background, ears and forehead uncovered, without earrings or hat). Click here for more detailed information about photo requirements.
• Birth Certificate (original)
• Divorce Certificate or Death Certificate of former spouse if the applicant or the petitioner has been married previously.
• Medical Examination Report More information regarding the medical examination requirements is provided when the applicant is notified of their interview date. The examination must be performed by one of the embassy's panel physicians.
• Evidence of Financial Support
• • Affidavit of Support Form I-134 (NOT the I-864) signed by the U.S. citizen fiancé(e) and notarized
  • Employment Letter from the employer of the U.S. citizen fiancé(e), notarized
  • Federal Tax Returns (1040 and W-2) of the U.S. citizen fiancé(e) for the two most recent years
  • If the U.S. citizen fiancé(e) does not earn at least 125% of the Poverty Guidelines for the number of people in his/her household, including the number of sponsored immigrants, a Joint Sponsor must also submit the three Financial Support requirements listed above.
• Evidence of the history of the relationship between the applicant and the U.S. citizen fiancé(e)

K-1 VISA ISSUANCE

Once the visa is issued (after the Consular Officer determines that the applicant complies with all requirements), the visa recipient must use the visa within six months of the date of issuance. Each K-1 visa is valid for only one entry into the U.S. The K-1 visa recipient and the petitioner must legally marry within 90 days after the visa recipient's arrival in the U.S.