IV Applications
Immigrant Visa FAQ
Does the I-864 ever expire?
In general, the I-864 must be submitted to the consular officer during the immigrant visa interview.
After the I-864 has been submitted to and accepted by a consular officer, it does not expire. However, if the supporting documents are more than 12 months old, the consular officer may ask for new supporting documents, such as the most recent federal income tax return (1040) and a current employment letter.
As the wife or husband of a U.S. citizen, can I get an immigrant visa even if we are living in Korea?
Maybe not, or not yet. U.S. immigration law requires that in all family-based cases the petitioner be "domiciled", i.e., has his/her principal place of residence, in the United States. If your U.S. citizen spouse is living in Korea and is not affiliated with the U.S. military or U.S. government, your eligibility for an immigrant visa will depend in part on your ability to show that your spouse has moved his/her domicile to the United States. This does not mean that your spouse has to move to the U.S. physically before you do, but you will be required to show objective evidence that as a couple or family you are actively in the process of relocating to the U.S. Examples of such objective evidence might include proof you and/or your spouse seek or have found employment in the U.S., letter(s) of resignation from employment in Korea, proof of termination of an apartment lease in Korea, etc.
I have been notified of the interview date by NVC. What are the next steps for me to prepare for the immigrant visa interview?
After NVC collects all fees and documentation, they will notify the applicant that an interview has been scheduled. Once you receive such notice, please follow the steps below:
1. Review the information sent by the NVC to determine the Date, Time, and Location of the applicant’s immigrant visa interview.
2. Prepare for the Medical Examination. (Includes panel physician list by country)
3. Ensure that all necessary original documents will be available at the time of the interview. For list of documents required, please click here (SEO3.5 downloadable).
How do I update my address?
If your case is at the National Visa Center (NVC), inform: U.S. State Dept., NVC, 32 Rochester Avenue, Portsmouth NH 03801-2909, or fax 603-334-0791. When contacting NVC, be sure to always include your full name, date and place of birth, case number or CIS receipt number, and your new mailing address, telephone number, and email address.
If your case is in Seoul, write to: seoulinfo@state.gov or: U.S. Embassy Seoul, CONS/IV, 32 Sejong-no, Jongno-gu, Seoul 110-710 or APO AP 96205-5550. Include your full name, date and place of birth, case number, your new mailing address, telephone number, and email address.
How do I transfer my IV file to/from Seoul?
To transfer a visa case from one U.S. Embassy to another, the IV applicant must send a request by submitting a DS-3098 (Request for Transfer of Visa) form by mail, fax or e-mail, along with a justification for the request, to the intended receiving embassy. The intended receiving embassy then decides whether or not to accept the file. If the receiving embassy accepts the case, it will request the sending embassy to transfer it. The receiving embassy should accept the case if the applicant is a citizen of that country or is currently living in that country.
Can my spouse and/or children join me in the U.S. at a later time?
Yes, if a principal applicant has been issued an IV in Seoul.
If a principal applicant has been issued an IV in Seoul, following-to-join family members can request an appointment for a visa interview by internet at http://www.asktheconsul.org/iv_appt.html.
If the principal alien adjusted status in the U.S., please file I-181 or I-824 with USCIS for following-to-join family members.
Since January 1, 2008, USCIS sends these forms to the National Visa Center (NVC) which will process all of the follow-to-join cases through the document review process which involves the collection of IV fees and forms. The NVC will collect the applicant’s IV fees, forms, and civil documents, send the appointment packet, and schedule the immigrant visa interview. When Seoul receives the scheduled file from the NVC, applicants may check the status of their appointment by case number at http://korea.usembassy.gov/appointment_dates2.html.
I would like to apply for a visa in Seoul because my application for adjustment of status in the U.S. is taking so long.
You are welcome to apply for an IV in Seoul. This is the preferred method for immigrants to enter the U.S. If you have filed an I-824 in the U.S. as a beneficiary of an I-140 petition and you lived in Korea before going to the U.S. or you are a Korean citizen, you can apply for an IV in Seoul if you provide the following items:
- Original Notice of Action of an Approved Petition (I-797)
- Photocopy of Employment Petition (I-140)
- Original I-824 showing the applicant requested overseas processing
- Evidence the applicant lived in Korea before going to the U.S. or is a Korean citizen (generally a photocopy of the passport).
How do I apply for a reinstatement or extension of an IV application?
Section 203(g) of the Immigration and Nationality Act, as amended (INA) requires that your application and any petition for you be canceled if you do not apply for your immigrant visa within one year of being advised to do so. We send a first termination notice to your address of record if we do not hear from you in one year. To keep your case active, simply reply to that notice in writing, and include your full name, date and place of birth, case number, your new mailing address, telephone number, an e-mail address and a short statement that you want your case validity to be extended.
You may also extend your case validity before receiving a notice from this office. If the one year validity date is approaching, please contact us by e-mail at seoulinfo@state.gov with your full name, date of birth, case number and a short statement requesting extension of your case validity. Your case validity will be extended for one year from the date you contact us.
If you receive a second termination notice, you must show that your failure to pursue your IV application was due to reasons beyond your control to reinstate your case. If you have received the second notification from the National Visa Center (NVC), write to: U.S. State Dept., NVC, 32 Rochester Avenue, Portsmouth NH 03801-2909. If your petition is located in Seoul, write to: U.S. Embassy Seoul, CONS/IV, 32 Sejong-no, Jongno-gu, Seoul 110-710 or APO AP 96205-5550. Please keep copies of all correspondence.
How do I receive a Social Security Number (SSN)?
The Social Security Act requires that every new immigrant, regardless of age, be issued a Social Security number (SSN) at the time of admission to the United States for lawful permanent residence (LPR). Non-citizens applying to enter the United States may apply for their SSN on Form DS-230, Part II, Questions 33a and 33b (Application for Immigrant Visa and Alien Registration), if they will be 18 years of age or older upon their arrival. Those who do so can expect to receive their SSN card at their new U.S. address within three weeks of arriving.
Those who cannot or do not apply for their SSN cards on their visa application must visit their local Social Security office to apply once they have a permanent address in the United States. Applicants must bring their passport with their Machine Readable Immigrant Visa or Form I-551 if they have it; and their birth certificate and a birth certificate for each member of their family applying for a Social Security number.
Canceling a Petiton
In order to cancel a visa petition, a signed and dated request must be made by the petitioner (for a family-based immigrant visa case), or by either the visa applicant or the petitioner (in an employment-based immigrant visa case).
This written request to cancel the visa petition must be sent to either:
The National Visa Center, if the petition is on file at the NVC:
U.S. State Dept.
National Visa Center
32 Rochester Ave.
Portsmouth, NH 03801-2909
The U.S. Embassy in Seoul, if the petition is in Seoul:
e-mail : seoulinfo@state.gov
U.S. EMBASSY SEOUL, CONS-IV
32 Sejong-ro, Jongro-ku, SEOUL 110-710 KOREA
or
APO AP 96205-5550
INTL FAX : 822-397-4501
DOMESTIC FAX : 02-397-4501
DSN FAX : 721-4501
Updated: October 21, 2009