FAMILY-BASED IMMIGRANT VISAS

Family-based immigrant visas are issued only to people on whose behalf a petition has been approved by the new Bureau of U.S. Citizenship and Immigration Services (USCIS: formerly INS). A qualified person must file the petition with USCIS. An American citizen may file an I-130 petition at the Consular Section only if the beneficiary of the petition is his/her spouse, parent, or child. Children must be under twenty-one years of age and unmarried. A petition may be filed for a stepchild if the marriage that created the relationship was contracted before the child reached eighteen years of age. For all other visa categories, including the children of American citizens who are either married or over twenty-one years old, an I-130 petition may be filed only with the USCIS.

An I-130 petition may be filed at the Consular Section only if the beneficiary is a Bulgarian citizen or a third country national residing permanently in Bulgaria and possesses a valid Bulgarian ID card.

If the beneficiary of a petition is a:

Spouse, child, or parent of a U.S. citizen:

I-130 petitions filed on behalf of a spouse, child, or parent of a U.S. citizen are not subject to a numerical limitation. Therefore, after the time required for processing the petition and sending the paperwork to the overseas post where the visa will be issued, these petitions are immediately eligible for processing at the consulate.

Spouse or child of a Legal Permanent Resident, sibling of a U.S. citizen, or son or daughter of a U.S. citizen over 21 years of age:

I-130 petitions filed on behalf of a spouse or child of a Legal Permanent Resident, sibling of a US citizen, or son or daughter of a US citizen over 21 years of age are subject to numerical limits. A waiting period of several years therefore exists for beneficiaries in these categories. The waiting period begins from the date on which the petition is received by USCIS. For detailed information on eligibility dates and waiting periods for petitions in these classes, check the Visa Bulletin.

For information on other classifications of immigrant visas, please inquire with USCIS.

Filing an Immigrant Visa Petition at the Consular Section

In order to file an Immigrant Visa Petition at the Consulate, you must first contact the Immigrant Visa Unit for an appointment. Immigrant visas and petitions are processed on Wednesdays and Friday mornings. The petitioner (i.e.; the American Citizen who will file the petition on behalf of the eligible relative) must come to the appointment with all of the following documentation:

• The marriage certificate or birth certificate documenting the relationship of the petitioner to the beneficiary, with a certified English translation;
• The passport of the petitioner;
• The passport of the beneficiary;
• One color photo each, of the beneficiary and one of the petitioner, taken within 30 days of the date of the petition (photos are required only if the beneficiary is a spouse of the U.S. citizen). The photos must have a white background and be glossy, unretouched and not mounted. Using pencil or felt pen, lightly print the applicant's name on the back of each photograph;
• An I-130 petition;
  Two Biographic Information forms (G-325A), one for the petitioner and one for the beneficiary (forms G-325A are required only if the beneficiary is a spouse of a U.S. citizen);
• If the petition is being filed for a spouse, divorce decrees or death certificates for ALL previous spouses of BOTH THE PETITIONER AND THE BENEFICIARY, with a certified English translation, and any additional evidence supporting the relationship between the beneficiary and petitioner (photographs of the wedding and/or other occasions, samples of correspondence, etc.);
• The petitioner must submit one photocopy each of his/her own passport, the beneficiary's passport and all supporting documents;
• If the I-130 petition is filed for a spouse, the beneficiary must accompany the petitioner to the petition interview.

Please be prepared to pay the $185 fee for filing an I-130 petition. In the case of petitions approvedat the Consular Section, there will be a waiting period of at least ten business days before an Immigrant Visa Interview may be scheduled.

The Immigrant Visa Interview

If the Consular Officer approves the Immigrant Visa Petition, the beneficiary of the approved petition will then be required to schedule an Immigrant Visa Interview. It is not necessary for the American petitioner to be present at this interview. The applicant must pay the immigrant visa fee (currently $335.00 or the equivalent in Bulgarian leva) and bring the following documentation to the interview:

• A passport with at least eight (8) months validity beyond the expiration date of the immigrant visa;
• A Bulgarian court certificate indicating whether or not the applicant has ever been arrested or convicted of a crime. If the applicant has lived in any other country for more than one year since the age of 16, he or she must submit a Police Certificate from that country indicating whether or not the applicant has ever been arrested or convicted of a crime there. For information on obtaining such certificates from different countries, see the State Department website;
• Completed form OF-230 Application for Immigrant Visa, parts one and two (which you will receive by mail, or at the Consular Section if the petition is approved here);
• One passport-size photo of the applicant, against a light background, head facing the camera;
• Birth certificate. A Baptismal certificate may be accepted only if the applicant cannot obtain a birth certificate;
• Marriage certificate (if applicable);
• Divorce decree (if applicable);
• Marital status certificate (udostoverenie za semeino polozhenie) for all applicants over 18 years of age;
• A completed I-864 Affidavit of Support, accompanied by the petitioner's Federal Tax Returns from the three most recent years, W-2 forms and employment letter;
• If the petitioner does not meet the minimum income requirements a co-sponsor must also complete an I-864 Affidavit of Support and submit his/her Federal Tax Returns for the three most recent years;
• A completed form from a physical exam conducted by one of the two accepted Panel Physicians in Sofia, Bulgaria.

Important Note: If an immigrant visa has been denied because of incomplete documentation, applicants may later send the missing documents to the Consular Section or leave them in an envelope at the guard booth. The interviewing officer will review the case within two working days and if all documentation is in order, the application would be approved. Applicants who have been denied an immigrant visa do not have to be interviewed a second time unless the interviewing officer decides to call them for a second interview.