IMMIGRANT VISAS

Immediate Relatives

U.S. citizen relatives of those who plan to base their immigrant visa applications on family relationship must complete a Form I-130, Immigrant Petition for Relative. A separate petition must be filed for each person immigrating.

Where to file form I-130

If you are a U.S. citizen and a resident of Spain for at least the preceding six months, you may file an immediate relative immigrant visa petition (Form I-130) for your alien spouse, child (under 21 years of age and unmarried) or parent at the U.S. Embassy in Madrid. You may not file by mail, but must come to the embassy for an interview with a consular officer. Please bring the following documents to support your petition (original and photocopy):

1. Evidence that you are a U.S. citizen: U.S. passport, birth certificate, naturalization certificate, or consular report of birth.
   

2. Proof of paternal, marital or filial relationship: Marriage or birth certificate or Libro de Familia. If either the husband or wife was married before, you must provide documents to show that all previous marriages were legally ended.
   

3. Proof the U.S citizen has been residing in Spain for a least the preceding 6 months or a copy of U.S. government orders or military orders if he/she is a member of the U.S. military stationed in Spain.
   

4. If you are filing for your spouse, a front view color passport-size of yourself and your spouse.
   

5. Photocopy of your relative’s passport.

6. Form G-325A. This form can be downloaded at www.uscis.gov

The fee for filing an immediate relative petition is $355.00. All immigrant visa petition fees and application fees may be paid in U.S. or Euro currency, credit cards, or U.S. money order made payable to the U.S. Embassy Madrid. We do not accept personal checks.

Adopted and Stepchildren

U.S. citizens may also file immediate relative petitions for their minor stepchildren, if the children were less than 18 years old when the marriage establishing the relationship occurred. Evidence must be presented that the stepchild has legal authorization to leave Spain permanently. U.S. citizens may file immediate relative petitions for children they have adopted if the adoption occurred before the child was 16 years old and the child was in the petitioner’s legal custody for at least two years.

If you wish to file a petition for a child you have not yet adopted, or who has been in your custody for less than two years, please contact us directly for additional information on visas for adopted children or see the State Department Visa web page.

After your interview with the consular officer, consular staff will give you the “Instruction Package for Immigrant Visa Applicants”, with a list of the documents the beneficiary of the petition (your immediate relative) has to present at his/her immigrant visa interview. The DS-230 part I form must be completed by the beneficiary and returned to this office as soon as possible.

Once the beneficiary notifies the Embassy consular section that s/he has obtained all these documents and we have completed all administrative processing, the immigrant visa unit will schedule the required final visa interview with the beneficiary. Appointments are necessary for immigrant visa interviews: however, the US citizen petitioner is not required to attend the immigrant visa interview.

The fee for the immigrant visa is $400.00 dollars or the equivalent in euros. The fee for the medical exam is not included in these fees. Applicants must schedule their medical exam, and pay the medical fee (in Euros only) directly to the clinic.

If you are a U.S. citizen living in the United States, you may file the immigrant visa petition at the U.S Citizenship and Immigration Service (CIS). The petition will be forwarded to the National Visa Center (NVC) in Portsmouth, NH. The National Visa Center will send information regarding the visa process to the benificiary. Once the case is completed, the National Visa Center will schedule the appointment to come to the Embassy. Once the case is completed, is completed, the National Visa Center will schedule the appointment to come to the Embassy for an interview and will send a notification to the applicant or his/her agent.

The petitioner is not required to attend the immigrant visa interview. Applicants must schedule their medical exam, and pay the medical fee (in Euros only) directly to the clinic.

The U.S. Embassy in Madrid, also processes Family Based immigrant and Employment Based immigrant visas

Once the beneficiary has received his/her immigrant visa, she/he must enter the United States within 6 months of visa issuance.

The Immigrant visa is placed inside the bearer’s passport, adhered to one of the pages. At the port of entry, upon the CBP officer’s placement of an admission stamp on the Machine Readable Immigrant Visa (MRIV) the alien is admitted to the United States as a permanent resident. This constitutes a temporary I-551 valid for one year from the date of the endorsement on the admission stamp. This stamped visa is acceptable for travel and employment purposes. Should the immigrant wish to leave the U.S. and his/her stamp has expired and s/he has not yet received the Alien Registration Receipt Card, s/he should contact CIS in the U.S. before departure to ensure permission to return to the United States.

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 to the U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security for a Reentry Permit. 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.

IMPORTANT NOTICE

If at the time of admission to the United States, you have not celebrated the second anniversary of your marriage, which is the basis of your immigrant status, you are subject to the provisions of section 216 of the Immigration and Nationality Act. Under these provisions, you will be granted Conditional Permanent Resident Status at the time of your admission to the United States. You and your spouse will be required to file a joint petition (form I-751) with the CIS in the United States How Do I Remove The Conditions On Permanent Residence Based On Marriage? to have the conditional basis of your status removed. This petition must be filed within the ninety-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status. If a petition to remove the conditional basis of your status is not filed within this period, your conditional permanent status will be terminated automatically and you will be subject to deportation from the United States.

To know more about your new life in the United States, check the following guide: Welcome to the United States: A Guide for New Immigrants Home Page

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For additional information for all Foreign Visitors:
• http://travel.state.gov.
• Visa wait time information page
• Department of Homeland Security
• Internal Revenue Service
• U.S. Customs Service