Immigrant Visas Unit Frequently Asked Questions (FAQ)

Can I reschedule my appointment?

If you are unable to make your appointment, you may contact VisaIV-AIT@state.gov for rescheduling.  Be advised, however, that AIT only has limited flexibility to reschedule, and you must have an unavoidable reason why you cannot attend your originally scheduled appointment. 

What is the status of my petition?

Unless you have already received an Appointment Notification, AIT has not received your petition from NVC and does not have any further information about your case.  You may contact NVCInquiry@state.gov for further information. 

I received my Appointment Notification, but I am no longer in Taiwan.  Can I request an appointment at a different consulate or embassy in another country?

This is sometimes possible, but you must direct your request to the IV Unit where you would like to schedule your appointment.  If it is possible for them to accept your request for an appointment, they will contact you and send an official request to AIT for us to transfer your files to them.

Our family was issued immigrant visas to the US.  We received our visa packets and are ready to travel.  If we applied together as a family, does this mean we have to travel together to the US?  Can I go first, and then the rest of my family goes separately?

The Principle Applicant in your family must travel first or together with the rest of your family.  If you are not the Principle Applicant, you may either travel at the same time or follow later, but you may not arrive earlier. 

I am not ready to immigrate to the US at this time.  Can I postpone my case until my situation changes?

You may contact the IV Unit to postpone or reinstate your case.  From the date of your postponement you will have 12 months in which to contact us to schedule another appointment.  Please contact the IV Unit again if you are unable to schedule your appointment during this time.  

After I am issued my immigrant visa, how long can I wait before travelling to the US?

The validity of your immigrant visa will be the same as the validity of your medical examination certificate.  For most people this is six months after the date of the examination, but the validity may be shorter if you have some medical conditions.  You must apply for entry at a US port of entry before the expiration of your visa. 

I am petitioning for my alien relative to immigrate to the US, but I don’t live in the US either.  Can I file my I-130 petition at AIT?

Effective Aug. 15, 2011, petitioners residing in countries without USCIS offices will be able to file a Petition for an Alien Relative (Form I-130), with the USCIS Chicago Lockbox facility.

For additional information, please visit the USCIS website.

All U.S. lawful permanent residents ("green card" holders), and American Citizens residing in the United States or with a permanent address in the United States, need to file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence as indicated on the USCIS website.

Note: There is no USCIS office at the American Institute in Taiwan (AIT). 

I have been issued an immigrant visa but will not be able to travel to the US before the visa expires.  Can I still use my visa to immigrate to the US?  What should I do?

You cannot use an expired visa to travel to the US, although it may be possible for you to apply for a new visa.  You should return your immigrant visa package and passport to AIT, giving us a statement why you have been unable to use the visa.  We will be able to cancel the visa we originally issued in your passport.

If you wish to immigrate to the US at a later time, you will have to reapply and pay a new application fee.   Your petition will still be valid. 

I am a US legal permanent resident, and I just had a new baby.  Is my son/daughter automatically an LPR or a US citizen?

If your child was born in the US, then he/she is a US citizen.  You may use the child’s birth certificate to apply for a US passport at any US passport office. 

If your child was not born in the US, then he/she may automatically become a legal permanent resident under the following conditions and does not require a visa to return to the US:

a)  The mother is a US legal permanent resident;
b)  The child enters the US within two years of birth;
c)  Either accompanying parent is applying for readmission upon first return after the birth of the child.

If the above conditions do not apply, the US legal permanent resident parent(s) may petition for their child to immigrate to the US by submitting an I-130 petition to USCIS.

I entered the US as a legal permanent resident several years ago.  Recently I became a US citizen.  Do my children who were born after I became a permanent resident but before I became a citizen also become citizens?

If your children were born in the US, they are US citizens.

If your children were born outside the US, they will automatically become US citizens after they are lawfully admitted for permanent residence as long as: a) they have not yet reached 18 years of age; and b) they will regularly reside in the US in the legal and physical custody of the US citizen parent.  After your children have entered the US, you will need to file the form N-600 Application for Certificate of Citizenship.

You can find detailed information from the US Citizenship and Immigration Services website at http://www.uscis.gov.
 
Your child will need to file the form N-600, the Application for Certificate of Citizenship after he/she is admitted in the US．

I am an US citizen living in the US.  My fiancée lives in Taiwan and is a Taiwan national.  We plan on getting married and living together in America.  I am confused about the difference between a K1 or K3 visa and an IR-1 or CR-1.  Which is faster?  Should we apply in the US or in Taiwan?  Until then can my fiancée travel using her B1/B2 visa?

If you plan to get married in Taiwan:  Your wife should enter the US as an immigrant instead of as a tourist as she intends to stay permanently in the US.  She should not travel using her B1/B2.  If you are currently living in the US you will need to initiate the process by filing an I-130 on behalf of your wife with the Citizenship and Immigration Services (CIS) district office having jurisdiction over the petitioner’s current or intended residence in the US.  The CIS Internet website (www.uscis.gov) has complete information on Service Center jurisdiction. 

Once the petition is approved, she will be scheduled for an appointment at AIT to apply for an IR-1 or CR-1 immigrant visa.  These are the same, except that the CR-1 visa indicates conditional status.  Once you have been married for two years, you can apply to have the conditional status removed.  If you have already been married for two years, she can apply for an IR-1 without going through the conditional period.  

If you plan to get married in the US:  Your fiancée should enter the US with a fiancée visa.  The purpose of the K1 fiancée non-immigrant visa is for the alien to enter the US to conclude a valid marriage with the American citizen petitioner within ninety days after admission.  All K visa petitions must be filed with the CIS district office having jurisdiction over the petitioner’s current or intended residence in the United States.  After the petition is approved, your fiancée will be scheduled to appear for an interview at AIT in Taiwan. 

A K3 visa is meant to be a speedy mechanism for the spouse of a US citizen to join the US citizen spouse and obtain the immigrant visa/status in the US.  The purpose of the K3 non-immigrant visa is for the spouse of US citizen to enter the US as a non-immigrant to continue to pursue the immigration process to await approval of an I-130 immigrant visa petition which is pending by the US Citizenship and Immigration Services (CIS).  Your wife must apply for a K3 visa at the visa issuing post in the country where the marriage took place, if the marriage occurred outside of the US.  In order to obtain K3 status for an alien spouse, the alien must be married to a US citizen who has filed an IR-1/CR-1 I-130 petition on behalf of the alien.  The US citizen petitioner must also file a second petition, the I-129F, with CIS for a non-immigrant visa (K3) on behalf of the alien spouse if the initial IR-1/CR-1 I-130 petition is still pending at the CIS office.

After entering US with the approved immigrant visa, can I return to Taiwan for a short period of time?  I heard that I need to apply for a Re-entry permit in order to do so.  Is this true?  If so, how do I apply and how long does it take to be approved.  If not, what is the proper course of action?

A permanent resident (green card holder) can travel freely outside of the United States for short periods.  To reenter the US, a permanent resident normally needs to present his or her green card for readmission. A reentry permit is only needed for trips that last longer than 1 year but less than 2 years.

A re-entry permit allows a permanent resident or conditional resident to apply for admission to the US upon returning from abroad during the permit’s validity, without having to obtain a returning resident visa from a US Embassy or consulate.

A permanent resident alien who intends to remain abroad for more than a year should, at least 30 days prior to the proposed date of departure, apply while in the United States to the US Citizenship and Immigration Services (USCIS). The permit is valid for two years and may not be extended.  If such a permit is obtained the alien may use this card to reenter the United States within the period of validity. Every alien applying for readmission must satisfy the immigration authorities that he or she is eligible in all respects for admission.