Family- Based Immigrant Visas
Frequently Asked Questions
1. How long does the immigrant visa process take?
The process of applying for an immigrant visa is fairly straightforward. Once the I-130 petition is filed and approved by U.S. Citizenship and Immigration Services (USCIS), the application process at the Consular Section takes approximately two to three weeks. Filing the I-130 petition is the time-consuming part of the process. USCIS requires several months to process petitions.
2. Can I file an I-130 immigrant visa petition for my relative at the Consular Section in Sofia?
Since January 2007, Consular officers are authorized to accept and adjudicate Petitions for Alien Relative, Form I-130, filed ONLY by U.S. citizens who are residents of our consular district for at least the preceding 6 months. Therefore, the petitioners must be able to show that they have permission to reside in Bulgaria AND that they have maintained their continuous residence for at least six months prior to filing I-130 petition at the Consular Section.
The revised procedures were introduced in order to comply with the Adam Walsh Act, which became law in July 2006 and which required criminal background checks on American citizen petitioners.
All U.S. citizens who live permanently in the U.S. have to file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence. Information about that can be found at http://www.travel.state.gov/ or http://www.uscis.gov/.
3. What documents are required to file an I-130 immigrant visa petition?
As a petitioner, you must prove that there is a family relationship between you and your relative. Please provide originals, copies and translation of all required documents.
If you are filing for:
A. A husband or wife, you must provide the following documentation:
1) a copy of your marriage certificate.
2) if either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.
3) a color photo of you and one of your husband or wife, taken within 30 days of the date of this petition, 5x5 cm. The photos must have a white background and be glossy, unretouched and not mounted.
4) a completed and signed G-325 form, available at http://www.uscis.gov/files/form/g-325.pdf (Biographic Information Form) for you and one for your husband or wife. Except for names and signatures, you do not have to repeat on the G-325A the information given on your I-130 petition.
5) Evidence of relationship, e.g. pictures, letters, e-mails, telephone bills etc.
B. A child and you are the mother: provide a copy of the child's birth certificate showing your name and the name of your child.
C. A child and you are the father: provide a copy of the child's birth certificate showing both parents' names and your marriage certificate.
D. A mother: provide a copy of your birth certificate showing your name and your mother's name.
E. A father: provide a copy of your birth certificate showing the names of both parents. Also give a copy of your parents' marriage certificate establishing that your father was married to your mother before you were born, and copies of documents showing that any prior marriages of either your father or mother were legally terminated.
F. Stepparent/stepchild: if your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday, and copies of documents showing that any prior marriages were legally terminated.
The fee to file an I-130 petition is $355. All documents in the Bulgarian language should be submitted with an English translation.
4. Where can I get the petition forms?
You can obtain the I-130 and the G-325A forms from U.S. Citizenship and Immigration Services, at the Consular Section in Sofia, or they may be downloaded from the USCIS website: http://www.uscis.gov/files/form/I-130instr.pdf, http://www.uscis.gov/files/form/I-130.pdf, http://www.uscis.gov/files/form/g-325a.pdf
5. I filed a petition in the United States for my relative. When will he/she be able to have a visa interview at the Consular Section?
As soon as USCIS has processed the petition, it will be forwarded to the National Visa Center, and you will be notified of this action. From the National Visa Center, the petition will be forwarded to the Consular Section. Your relative will receive documents in the mail that must be completed and mailed to our office. Once we receive these forms, we send an appointment letter to your relative.
6. Do I have to be present at my family member's immigrant visa interview?
No. Only your relative must be present for the visa interview
7. Can I file a fiancé petition at the U.S. Embassy in Bulgaria?
No. Fiancé petitions (the I-129F) may only be filed with USCIS in the United States.
8. When can my fiancé come for an interview?
If we receive an I-129F fiancé petition, we send a packet of forms and instructions to the visa applicant, and instruct him/her to call us in order to arrange an appointment for a visa interview. A fiancé case can generally be processed in two weeks.
9. I am a U.S. Legal Permanent Resident. What should I do in order for my wife or child to be able to come to the United States?
You must file an I-130 petition with USCIS: http://www.uscis.gov/files/form/I-130instr.pdf in the United States. Based on current visa allocations, it is likely that the petition will become current after four or five years. If you become an American citizen after filing the petition, you must contact the National Visa Center in Portsmouth, New Hampshire and provide proof of your citizenship. They will upgrade the petition and send it to the Consular Section for further processing.
10. I am a U.S. Legal Permanent Resident and I have already filed a petition. When will my relatives be able to appear for an interview?
Petitions filed by Legal Permanent Residents are subject to numerical limitations, so there is a considerable waiting period before the beneficiary may actually apply for the visa. See the Visa Bulletin for the latest cutoff dates: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
11. Are there other immigrant visa categories aside from the family-based visa categories?
Yes, there are. If you are interested in the various visa classifications, please see the Visa Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
12. Who needs an I-864 Affidavit of Support?
An Affidavit of Support is required for all cases where the beneficiary is a spouse, child or parent of a U.S. citizen, or the spouse or child of a Legal Permanent Resident. There are only two exceptions to this rule:
1) If both American parents have seen their adopted child before the adoption was completed, an I-864W is required;
2) If a U.S. citizen has filed an I-130 petition for his/her biological child and the child will enter the United States before turning 18 years of age, the petitioner has to file Affidavit of Support, Form I-864W.
The Form I-864 can be downloaded from USCIS website: http://www.uscis.gov/files/form/I-864.pdf
13. What type of photograph is required from immigrant visas applicants?
Click here for Samples of Photographs required from regular immigrant visa and DV lottery applicants.
14. Which clinics in Sofia are authorized to do medical checks for immigrant visa applicants?
Click here for the List of Clinics in Sofia that are authorized to do medical checks for immigrant visas applicants.
15. Does the Embassy allow lawyers to accompany petitioners and visa applicants?
No.