Step 1: File a petition
The Immigrant Visa process begins with a filing of an appropriate immigrant visa petition.
The US citizen or permanent resident relative of intending immigrants, who plan to base their immigrant visa application on family relationship, must submit a Petition for Alien Relative (Form I-130) to the United States Citizenship and Immigration Services (USCIS) office nearest their place of residence.
If you are filing for your fiancee, you must file an I-129F petition with the USCIS office nearest your place of residence.
All intending immigrants who plan to base their immigrant visa application on employment in the United States must obtain an approved immigrant visa petition, filed by their prospective employer, from the United States Citizenship and Immigration Services (USCIS).
If a labor certification is granted, the employer must first obtain that and then file a Form I-140, petition for Prospective Immigrant employee.
Once USCIS approves the petition, they will send the petitioner a notice of approval (Form I-797). USCIS will also forward the approved petition to the National Visa Center which will contact the intending immigrant with further information.
Important Notice: US law limits the number of immigrant visas that are available each year. This means that even if the USCIS approves an immigrant visa petition for you, you may not get an immigrant visa petition immediately. In some cases, several years could pass between the time your immigrant visa petition is approved and the time your immigrant visa is issued. Immigrant visas are issued in the chronological order in which the petition was filed until the numerical limit for the category is reached. The filing date of the petition becomes the applicant's priority date.
Immigrant visas cannot be issued until the applicant's priority is reached. Check the Visa Bulletin for the latest priority dates. USCIS will send the approved immigrant visa petition to the National Visa Center where it will remain until the priority date is available. You do NOT need to contact the National Visa Center. The National Visa Center will contact you with the Instruction package for immigrant visa applicants.
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