Immediate Relative Immigrant Visa (I-130) Petition
U.S. citizens residing in Taiwan may file immediate relative immigrant visa (I-130) petitions at the American Institute in Taiwan (AIT). To file an immediate relative immigrant visa petition at AIT, U.S. citizen petitioners must be able to demonstrate that they have permission to reside in Taiwan, and have been doing so continuously for at least six months before filing the petition. Individuals who are in Taiwan on a temporary status, such as tourists or students, would not be considered to meet the residency standard.
For additional information on filing Immediate Relative Immigrant Visa (I-130) petitions at AIT, you may contact us by e-mail at visaiv-ait@state.gov.
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: http://www.uscis.gov/files/form/I-130.pdf ).
All services requiring a personal appearance in Kaohsiung are by appointment only. Appointment must be made online. Please follow the links below.
The Immigrant Visa Process: Some Notes for American Citizens
This handout explains what the immigrant visa process is generally like for spouses (IR-1 or CR-1), children (IR-2) and parents (IR-5) of American citizens. Please keep in mind that no two cases are exactly alike, and so the requirements and time frames listed below will vary. While this handout is intended to be only an overview of the process, here are the basic steps you need to follow to obtain an immigrant visa for your relative:
- If you are a U.S. citizen residing in Taiwan and have maintained continuous residency in Taiwan for at least the preceding 6 months, AIT will consider accepting your petition. Although AIT can accept the petition, in certain circumstances, however, we may not approve the petition until the U.S. Citizenship and Immigration Services (USCIS) has conducted the required check and confirmed that the petitioner is eligible to file the I-130. You will need to pay a US$355 in either NT dollars or by credit card. We accept Visa, MasterCard, American Express, Diners Club and Discover. We do not accept personal checks or travelers checks.
If you are not present in Taiwan, you have to file your petition at your local USCIS office in the U.S.
- To file a petition for your children or parents, you will need only a, d and e, below. For your spouse you will need:
- A completed form I-130 (the "petition");
- Completed forms G-325A for your spouse and you;
- Photos of your spouse and you (see instructions);
- A household registry for your relative (spouse, children or parents), your marriage certificate and evidence of the termination of your spouse's and your previous marriages (if any). Documents shown as proof of termination of previous marriages should be either originals or certified true copies. All of these documents must be accompanied by an English translation; and
- Your relative's (spouse, children or parents) and your identification (passports are preferred).
- We will send information Packet 3 to your relative after the petition is approved. Packet 3 asks the applicant to prepare a set of documents, commonly including birth certificates, military records, photographs and necessary forms. These are described in Packet 3.
Note: Please do not ask for packet 3 in advance. Many of the documents must be submitted within certain time frames, and gathering them too far in advance may impede, rather than speed up, your case. If you need additional information, you may send e-mail to visaiv-ait@state.gov or fax to 886-2-2162-2253 to the Immigrant Visa Unit of AIT’s Consular Section.
- After receiving Packet 3 and assembling your documents, you need to return the enclosed form telling us that you are ready for your interview.
- If your relative has stayed in any countries other than Taiwan and the U.S., s/he may need to obtain a police certificate from some or all of those countries. These may take two months or more to obtain.
- About four weeks after you tell us the documents are ready, and after all of the required checks are finished, we will send you an interview notice (Packet 4) enclosing the forms for your relative’s medical exam. Your relative must go to one of our designated physicians to take the medical exam and must complete the exam on our forms.
- You may accompany your relative to AIT, but your relative must be interviewed (except for minor children) by him/herself. We will conduct the interview in English, Mandarin or Taiwanese as appropriate. If you accompany your relative, please bring your passport with you to AIT.
- If your relative qualifies for an immigrant visa, s/he must pay a US$380 fee in either US, NT dollars or by credit card for the visa. Your relative will generally receive his/her immigrant visa the next working day. The visa must be used to enter the U.S. within (usually) six months (or before a child's 21st birthday). If it is not used within the period of validity, the visa becomes invalid and you must start the process over again if you still wish your relative to immigrate.
We hope this overview is helpful at this early stage of the immigrant visa process. Each of the information packets you or your relative will receive explains each step in greater detail in both English and Mandarin. Please feel free to ask us any additional questions you may have at any step of the process.
Please click here to make your appointment with AIT Kaohsiung Branch Office under the "Request notarial and other services not listed above".