IMMIGRANT VISAS FOR
IMMEDIATE RELATIVES
The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on a relationship to a US citizen.
The “immediate relative” category includes the following:
- Spouse of a US citizen (IR-1);
- Spouse of a US citizen admitted in a conditional status (CR-1);
- Child of a US citizen (IR-2);
- Child of a US citizen admitted in a conditional status (CR-2);
- Orphan adopted overseas by a US citizen (IR-3);
- Orphan to be adopted in the US by a US citizen (IR-4);
- Parent of an adult US citizen (IR-5)
The ‘conditional status’ is based on a marriage that is less than 2 years in duration for CR-1, or a parent/stepchild relationship based on a marriage that is less than 2 years in duration for CR-2. See below for more information.
Information for US citizens marrying in Indonesia.
STEP ONE: Filing the Immigrant Visa petition
U.S. citizen petitioners who have been resident in Indonesia or Timor Leste continuously for the past six months and have had permission to do so are eligible to file an I-130 petition for an immediate relative at the U.S. Embassy in Jakarta. Please note that the Consulate General in Surabaya does not accept I-130 petitions, nor do they conduct immigrant visa processing or interviews. Individuals who are in Indonesia or Timor Leste on a temporary status, such as student or tourist, do not meet the residency standard. The U.S. citizen petitioner must make a personal appearance at the Embassy to file a petition in Indonesia.
U.S. citizen petitioners who are resident in the U.S. may file for their immediate relative by mail with the U.S. Citizenship and Immigration Services (USCIS) domestic service center having jurisdiction over their U.S. residence. There are four USCIS domestic service centers. Please visit the USCIS website for instructions and further information regarding filing: www.uscis.gov.
The fee to file the I-130 is USD 355. (subject to change)
STEP TWO: Gather the required documents and prepare for the IV interview
Once the approved petition has been received at the IV unit from the National Visa Center [or has been approved at the Embassy if filed in person], you will receive the “Instruction Package for Immigrant Visa Applicants” with a list of the documents the intending immigrant (your immediate relative) must present at the immigrant visa interview.
Please ensure you complete Form DS-230, part I and II and return it to the Embassy as soon as possible so that we can begin the required internal administrative processing; The IV unit will schedule the final visa interview;
You will need to have a medical exam. This exam must be performed by one of the panel physicians designated by the Embassy. The fee for the medical exam is in addition to the fees paid directly to the US government. You pay this fee, in Rupiah, to the clinic directly.
Documents needed by the beneficiary for the issuance of an immigrant visa:
(For each document, the applicant must bring in the original document and a photocopy. The original document will be returned to you, except for the I-864 Affidavit of Support).
- Valid passport Birth certificate;
- marriage certificate (if applicable);
- Previous divorce decrees (if applicable);
- Police certificate;
- Court and prison records (if applicable);
- 2 pictures (see photo requirements);
- Affidavit of support (Form I-864) filled out by the petitioner along with a copy of his/her most recently filed federal income tax return (Note: effective February 2006, only one year (the most recent year) of federal income tax return is required – not three years of federal income tax returns plus W-2s as in the past);
- Medical examination;
- Proof of relationship between the petitioner and the beneficiary (correspondence, pictures, emails, telephone bills, etc.)
Applicants wishing to do document screening with the IV section can come to the Consular section (window 4) every Monday, Wednesday, and Friday from 07.30 – 11.30 to submit the required documents. No appointment is necessary.
STEP THREE: The Immigrant Visa Interview
Appointments are necessary for immigrant visa interviews, but the US citizen petitioner is not required to attend. Visa interviews are a discussion between the consular officer and the applicant. The US citizen petitioner may accompany the beneficiary to the interview, but may be asked to remain outside the room for part of the interview. Due to space constraints, third parties (including lawyers) are generally not allowed to be present at the interview, though exceptions may be granted for those who do not speak Indonesian or English and need a translator, or those who need physical assistance.
All visa applicants between age 14 and 80 will have two fingerprints scanned at the time of the interview.
Each applicant, regardless of age, must appear in person for his/her interview. At that time, all the documents will be evaluated and a decision will be made. There can be no guarantee regarding the outcome of the interview, and applicants are advised not to make travel arrangements until after the visa has been approved.
You should plan to be at the Embassy throughout the entire morning.
Applicants may be found ineligible in accordance with immigrant visa law. For example, if you have a communicable disease, have committed criminal acts, or are likely to become dependent upon public assistance, you will be found ineligible. The two year foreign residency requirement for former exchange (J) visitors is also applicable. If you are found ineligible, the consular officer will advise you if the law provides for a waiver.
The fee for the application and issuance of the immigrant visa is USD 355 plus a USD 45 immigrant visa surcharge (total = USD 400). This fee is in addition to the USD 355 paid to file the I-130 to start the process. All fees can be paid in US dollars or Indonesian Rupiah. We do not accept personal checks, travelers’ checks, or credit cards. All fees are subject to change at any time.
STEP FOUR: After the visa is approved and issued
Once you have received your immigrant visa, you must enter the US within 6 months of visa issuance to obtain an alien registration receipt or “green card” (Form I-151 or I-551) that will allow you to live and work in the US .
At the port of entry, DHS officials will take the immigrant visa and assign you an alien number. They will stamp your passport with this number and make a note that you are registered for an alien registration card. It normally takes between 2 weeks and 3 months for Dept of Homeland Security to process and send the alien registration card to you.
In the interim, the passport stamp permits employment and travel until the card arrives. You may depart and return to the US before you receive the alien registration card, as long as the DHS stamp in your passport has not yet expired
Should you wish to leave the US and your stamp has expired and you do not yet have your alien card, you should contact DHS in the US before departure to ensure permission to re-enter the US.
If, in the future, you plan to live outside the US for more than 12 months, you must apply for a re-entry permit in the US BEFORE departure. The maximum validity of this document is 2 years. If the relocation is permanent, you should formally abandon your permanent residency. Without a re-entry permit, any absence from the US of 12 months or longer, or any residence established outside the US, is considered grounds for loss of permanent residence status.
Social Security Cards: When completing the DS-230, Part II, you can ask the Social Security Administration to assign you a Social Security Number (SSN). Your SSN will arrive several months after you enter the US and become a Legal Permanent Resident. Alternatively, you may file for SSN yourself once you arrive in the US. For further information, please consult the Social Security website.
IMPORTANT NOTICE: If at the time of admission to the United States, you will have not celebrated the second anniversary of your marriage, which is the basis of your immigrant status, you are subject to the provisions of section 216 of the Immigration and Nationality Act. Under these provisions, you will be granted conditional permanent residence by an officer of the Department of Homeland Security (DHS) at the time of your admission to the United States. You and your spouse will be required to file a joint petition (Form I-751) with the DHS to have the conditional basis of your status removed. This petition must be filed within the ninety-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status. If a petition to remove the conditional basis of your status is not filed within this period, your conditional permanent status will be terminated automatically and you will be subject to deportation from the United States. You will be provided with written information about this status when your visa is approved and issued, which you should retain and use as a reference.