I-130 ACCEPTANCE AT ALL POSTS OVERSEAS

As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant visa petitions because consular officers lacked the means to perform the required criminal background checks on American citizen petitioners, as required by the Adam Walsh Act.

Subsequently, the Department of State and USCIS worked to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for any petitions accepted abroad by consular officers.

Effective immediately, consular posts abroad will accept petitions for immediate relative immigrant classification from US citizens who are resident in their consular districts, including members of the armed forces, as well as true emergency cases, such as life and death or health and safety, and others determined to be in the national interest.
Examples of family emergency include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.

To demonstrate residency in a consular district, the US Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

I-130 Petition Procedure for US Citizens Residing Abroad for at least six months

The US Embassy Nicosia accepts I-130 petitions from a US citizen (petitioner) residing within our jurisdiction for at least six months and who wish to file an I-130 petition on behalf of their immediate relative (spouse, child or parent). Cyprus falls within the jurisdiction of the US Citizenship Immigration Service (USCIS) office in Athens. US citizens whose principal residence that is not in our jurisdiction, and are abroad temporarily as a visitor or on business, must file the I-130 petition with the appropriate USCIS in the United States having jurisdiction of place of residence. Please see the USCIS website's press release on this issue at http://www.uscis.gov/files/pressrelease/I130FilingUpdate022707.pdf.

US Citizen Evidence of Residence (very important)

The US citizen is required to demonstrate proof of residency in our consular district such as, Residence Permit ‘Pink Slip’, Work Permit, proof of employment i.e. old and current pay stubs, employment contract, etc. The US citizen’s evidence of residence must be included with the I-130 petition packet.

I-130 Petition Instructions for Immediate Relative (Spouse, Child or Parent)

The following documents are required for each immigrant visa petition filing. Any I-130 petition which is not completely and properly filled out or which is not accompanied by the necessary documents will not be accepted. Documents must be either originals or government certified copies and must be translated into English.

• Passports and photocopy of the petitioner (U.S. Citizen) and beneficiary's (visa applicant immigrating) passport. Beneficiary's passport must be valid for travel to the United States and must have at least six months validity beyond the issuance date of the visa.
• Petitioner’s evidence of residence (very important)
• Form I-130 - Petition For Alien Relative (to be fully completed and signed by petitioner)
  Download Form I-130: http://www.uscis.gov/portal/site/uscis
• Form DS-230 Part I – Biographic Data and Form DS-230 Part II – Sworn Statement
  Application for Immigrant Visa and Alien Registration (for beneficiary)
  Download Form DS-230: http://travel.state.gov/visa/frvi/forms/forms_1342.html
• Form G-325A - Biographic Information – for spouse petition only (to be completed and signed one each, by petitioner and beneficiary)
  Download Form G-325A: http://www.uscis.gov/portal/site/uscis
• Petitioner’s Certificate of Naturalization (if applicable)
• Petitioner’s proof of legal change of name (if applicable)
• Marriage Certificate - original or certified true copy of the current marriage certificate
• Divorce Certificate or Decree – original or certified true copy for all previous marriages, from petitioner and beneficiary (if applicable)

• Death Certificate – original or certified true copy for any previous spouses, from petitioner and beneficiary (if applicable)

• Birth Certificate – original or certified true copy of the birth certificate of the beneficiary and the petitioner are required. The certificate must state the full date and place of birth and the names of both parents. The certificate must also indicate that it is an extract from official records.
• Translations all documents not in English, or in the official language of the country in which application for a visa is being made, must be accompanied by certified English translations. The translation must include a statement signed by the translator that states that the translation is accurate, and translator is competent to translate.

• Evidence of relationship between petitioner and beneficiary - very important may include: old and current photos, cards, phone bills, etc

• Deportation - applicants who have previously been deported or removed at government expense from the United States must complete Form I-212 Permission to Reapply after Deportation
  Download Form I-212: http://www.uscis.gov/portal/site/uscis

• Passport pictures – three color photographs with white background on glossy paper are required from the beneficiary and one picture from the petitioner. The photographs must be a full frontal portrait. No head covering or dark glasses should be worn. For more information go to the following link http://cyprus.usembassy.gov/NIV/photoRegulations.htm

• Filing I-130 petition fee – may be paid in US dollars or the local currency equivalent. Fee may be paid in cash or by credit card (AMERICAN EXPRESS, DINERS CLUB, DISCOVER, MASTERCARD or VISA only).

To schedule an appointment for filing the I-130 petition for immediate relative, please contact this office at consularnicosia@state.gov

Important Notes:
Both petitioner and beneficiary must personally appear for the I-130 filing petition interview with the consular officer.

An appointment does not guarantee that the I-130 petition itself will be accepted.

All forms must be completed in their entirety, presented in the above order, and legible. Failure to adhere strictly to these guidelines will result in both delay and, possibly, denial of the I-130 petition filing.

Completing the Immigrant Visa Process

In order to complete processing for an immigrant visa to the Untied States, the beneficiary must assemble all of the relevant listed below documents required in support of the immigrant visa application.
The following documents are required and must be presented to the US Embassy Nicosia, Consular Section during the immigrant visa interview.

• Passport from beneficiary. Beneficiary's passport must be valid for travel to the United States and must have at least six months validity beyond the issuance date of the visa.
• Police certificate each visa applicant aged 16 years or over is required to submit a police certificate from the police authorities of each locality of the country of the applicant's nationality or current residence if the applicant has resided there for at least six months since attaining the age of sixteen. Police certificates are also required from all other countries where the applicant has resided for at least one year (if over 16 at the time). A police certificate must also be obtained from the police authorities of any place where the applicant has been arrested for any reason, regardless of how long he or she lived there. Police certificates must cover the entire period of the applicant's residence in any area. A certificate issued by the police authorities where you now reside must not be older than 6 months when presented to the consular officer. Police certificates from certain countries are unavailable. More specific information available online at http://travel.state.gov/visa/reciprocity/index.htm
• Court and Prison Records persons who have been convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of the fact that he or she may have subsequently benefited from an amnesty, pardon or other act of clemency. Court records should include complete information regarding the circumstance surrounding the crime of which the applicant was convicted, and the disposition of the case, including sentence or other penalty or fine imposed.
• Military records persons who have served in the military forces of any country must obtain one copy of their military record.
  Note: Military records from certain countries are unavailable. More specific information is available online at http://travel.state.gov/visa/reciprocity/index.htm
• Medical examination each beneficiary requires a medical examination. To schedule an appointment, contact one of our designated approved panel physicians. For further information, please refer to the panel physician on this site.
• Affidavit of Support, Form I-864 - Proof of the petitioner’s financial support is required to show that the beneficiary has adequate means of financial support while in the United States and is not likely to become a public charge. By executing this form, the sponsor/joint sponsor agrees to support the beneficiary.

  The petitioner must complete the Affidavit of Support, Form I-864 under Section 213A of the Act.
  
  The following items are required:
  
  

  original signed Affidavit of Support, Form I-864. All pages must be in the correct order and stapled together; IRS transcript or photocopy of the most recent Federal income tax return (Form 1040 and Form W2) with all supporting schedules, current as of the date of execution of the Form I-864. If no tax return was filed, you should attach a written explanation and/or a copy of the instructions from the Internal Revenue Service publication that shows you were not obligated to file; proof of current employment required only if, tax return reflects income that does not meet the poverty guidelines as of the time of signing and the record does not already contain additional evidence that the sponsor meets the current income requirement; evidence of assets if needed to meet the minimum income requirement.

  
  

• Affidavit of Support, Form I-864 from a Joint Sponsor, if the petitioner’s income does not meet the 125% income requirement. The joint sponsor must complete the Affidavit of Support, Form I-864 under Section 213A of the Act.

The following items are required from the Joint Sponsor:

 

original signed Affidavit of Support, Form I-864. All pages must be in the correct order and stapled together; IRS transcript or photocopy of the most recent Federal income tax return (Form 1040 and Form W2) with all supporting schedules, current as of the date of execution of the Form I-864; proof of U.S. citizenship or lawful permanent resident (LPR) status.

• Domicile - In order to file the Affidavit of Support, Form I-864, the petitioner must be a resident of the United States. However, sponsors residing outside the United States are not automatically disqualified from being a sponsor.
  When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:
  • Locate a place to live in the U.S. i.e. a house, an apartment, or arrangements for accommodations with family or friend;
  • Find a job in the United States;
  • Register children in United States schools;
  • Make arrangements to give up (relinquish) residence abroad;
  • Opening a U.S. bank account;
  • Transferring funds to the United States;
  • Making investments in the United States;
  • Applying for a social security number; and
  • Voting in local, state or federal elections.

  If a sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the U.S. before the sponsored family members. However, the sponsored immigrant may not enter the U.S. before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.
  If a petitioner cannot satisfy the domicile requirement, a joint sponsor cannot be accepted and the applicant must be refused pursuant to INA 212(a)(4).

• Translations all documents not in English, or in the official language of the country in which application for a visa is being made, must be accompanied by certified English translations. The translation must include a statement signed by the translator that states that the translation is accurate, and translator is competent to translate.
• Fees - Immigrant Visa and IV Security Surcharge. Fees must be paid in the consular section on the day of the immigrant visa interview. Each person immigrating, regardless of age, requires a separate visa. These fees are not refundable even if the visa applicant is found ineligible for a visa. The fee charged for medical examinations is in addition to the visa fee and is paid at the Doctor’s office. Visa fees may be paid in local currency or in US dollar’s or by credit card (AMERICAN EXPRESS, DINERS CLUB, DISCOVER, MASTERCARD or VISA only)

E-mail us at:
consularnicosia@state.gov