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 told by NVC that my case is being transferred to U.S. Embassy Seoul. What are the next steps for me to prepare for the immigrant visa interview?
Seoul will send an arrival notice to your local address a few days after ithe petition arrives from NVC. After you receive this notice, please prepare for your visa interview by following the instructions for Immigrant, Fiance, Life Act Visa applicants in 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: seouliv@state.gov or: U.S. Embassy Seoul, CONS/PVU/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, Yes.
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.
Beginning January 1, 2008, USCIS will send 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 then forward the file to Seoul as a regular immigrant visa case once the required fees and forms have been received. When following-to-join family members receive a notice of case arrival from the Embassy Seoul, applicants can request an appointment for a visa interview by internet at http://www.asktheconsul.org/iv_appt.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, including your full name, date and place of birth, case number, your new mailing address, telephone number, and e-mail address.
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. If you have received the 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/PVU/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 Administration (SSA) issues SSNs to persons authorized to work in the U.S. or to receive Social Security benefits. New immigrants can only get a SSN after being admitted to the U.S. as lawful immigrants. Bring extra official copies of your family census register and marriage certificate, with English translations, to the U.S. You do not automatically get a SSN. If you are a first-time applicant, 18 or older, you must apply in person at the nearest SSA office. If you were previously issued a SSN that is restricted as “not authorized for employment,” you must have SSA remove this restriction after you gain lawful immigrant status. Visit the SSA website at www.ssa.gov for forms and instructions.
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