Embassy of the United States

Immigrant Visas

Family-Based Immigrant Visa 

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

Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (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 American 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 unexpectedly be 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, American 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 temporary status, such as students or tourists, would not be considered to meet the residency standard.

All lawful permanent residents, and American Citizens resident in the United States or with a permanent address in the United States, must file I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence.

U.S. citizens residing permanently in Iceland (that do not meet the residency standard) should file I-130 petitions at the USCIS Service Center having jurisdiction over their last place of residence or wait until they meet the residency requirements.

This procedural change may result in a processing delay for some applicants. The Department of State recognizes and sincerely regrets the inconvenience this may cause.

Who May File

A citizen or lawful permanent resident of the United States of America.

For Whom May You File

1. If you are a citizen, you may file an I-130 Petition for:
   A.  Your husband, wife or unmarried child under 21 years old.
   B.  Your unmarried son or daughter over 21, or married son or daughter of any age.*
   C.  Your brother or sister if you are at least 21 years old.*
   D.  Your parent if you are at least 21 years old.
   
   
2. If you are a lawful permanent resident, you may file this form for:
   A.  Your husband or wife.
   B.  Your unmarried child under 21 years of age.*
   C.  Your unmarried son or daughter over 21 years of age.*
   
   *Note:  If your relative qualifies under paragraph 1(B) or 1(C), separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.  If your relative qualifies under paragraph 2(B) or 2(C), separate petitions are not required for his or her unmarried children under 21 years of age.
   

Here you can obtain Form: I-130 Petition for Alien Relative

What Documents Do You Need To Prove A Family Relationship

You have to prove that there is a family relationship between you and your relative.  If you are filing for:

1. A Husband or Wife: submit the original or a certified copy of the following documentation:
   A.  Your marriage certificate.
   B.  If either you or your spouse were previously married, submit documentation  showing that all prior marriages were legally terminated.
   C.  A color photo of you and your spouse facing straightforward.  The photos must have a white background untouched and not mounted.  The photo must be approx. 5x5cm (approx. 2x2in).
   D.  A completed and signed G-325A (Biographic Information Form) for you and your spouse.

2. A Child and You are The Mother:  Submit the original or a certified copy of the child’s birth certificate showing your name and the name of the child.

3. A Child and You are The Father:  Submit the original or a certified copy of the child’s birth certificate showing both parents’ names and your marriage certificate.
   A.  A child born out of wedlock and you are the father:  If the child was not legitimated before reaching 18 years of age, you must provide evidence that a bona fide parent-child relationship existed between the father and the child before the child reached 21 years.  This may include evidence that the father lived with the child, supported him or her, or otherwise showed continuing parental interest in the child’s welfare.

4. A Brother or Sister:  Submit the original or a certified copy of your birth certificate and the original or a certified copy your sibling’s birth certificate showing that you have at least one common parent.  If you and your sibling have a common father but different mothers, submit the original or a certified copy of the marriage certificates of the father to each of the mothers and documents showing that any prior marriages were legally terminated.

5. A Mother:  Submit the original or a certified copy of your birth certificate showing your name and your mother’s name.

6. A Father:  Submit the original or a certified copy of your birth certificate showing the names of both parents.  Also submit the original or a certified copy of your parent’s marriage certificate establishing that your father was married to your mother before you were born.

7. Step-parent/Step-child:  If your petition is based on a stepparent-stepchild relationship, you must submit the original or a certified copy of the marriage certificate to the natural parent showing that the marriage occurred before the child’s 18th birthday.

8. Adoptive Parent or Adopted Child:  If you and the person you are filing for are related by adoption, you must submit the original or a certified copy of the adoption decree(s) showing that the adoption took place before the child became 16 years old.  If you adopted the sibling of the child you already adopted, you must submit the original or a certified copy of the adoption decree of the sibling showing the adoption occurred before that child’s 18th birthday.  In either case you must submit evidence that each child was in the legal custody of and resided with the parent(s) who adopted him or her for at least 2 years before or after the adoption.  

Fee

355USD. 

IMPORTANT NOTICE:

The American Embassy in Reykjavik is not able to act as your attorney and prepare the various application forms on your behalf.  Should you have one or two short and precise questions regarding the forms then you may address those questions here.  

I-130 Petitions filed with DHS in the U.S. 

Forms and instructions are available from INS in the U.S.  Once DHS approves the petition, they will send the petitioner a notice of approval, Form I-797.  DHS will also forward the approved petition to the National Visa Center, which will contact the intending immigrant with further information.