Embassy of the United States Bosnia & Herzegovina

How do I qualify to petition for an immigrant visa in BiH?

Immigrant visa petitions must be filed directly with U.S. Citizenship and Immigration Services (USCIS) in the United States.  If you are a U.S. citizen legally residing in BiH and want to file an immigrant visa petition for an immediate relative please follow the instructions listed in filing procedures.

Can my relatives petition for me to immigrate?

For family sponsorship, only immediate relatives can file a petition on your behalf. Immediate relatives are parents, U.S. citizen siblings, children and spouses. Depending on the visa applicant’s marital status, it is sometimes required that the immediate relative must be a U.S. citizen.

Can my U.S. citizen child petition for me to immigrate?

Petitioning children must have reached the age of 21 to be eligible to file a petition. Therefore, a U.S. citizen child must be 21 years or over to file for a parent.

Can American citizens resident in BiH file an immigrant visa petition at another U.S. consulate?

No, the U.S. Embassy in Sarajevo is the only visa issuing post in BiH. 

If I qualify to petition at U.S. Embassy Sarajevo, can I petition for an immediate relative immigrant visa for a third country national (non-BiH citizen)?

Exceptionally, in some instances, third country nationals may apply in Sarajevo.  First, that person must present a valid BiH residence permit  demonstrating they have the right to remain in BiH for the duration of the immigrant visa application process (generally six months or longer). 

What is the difference between a fiancé(e) (K) visa and an immediate relative immigrant visa (IR) for your spouse?

A U.S. citizen files a form I-129F petition for his or her fiancé(e) (or K) visa if the couple plans to marry in the U.S.  This visa will allow the fiancé(e) to enter the U.S. for 90 days to complete a legal marriage and then apply for and adjustment of status to legal permanent residence.  The new foreign citizen spouse generally cannot depart the United States during the adjustment period without permission from U.S. Citizenship and Immigration Services (USCIS).  The I-129F petition must be filed with USCIS in the United States and cannot be filed with U.S. Embassy Sarajevo.

A married U.S. citizen files a form I-130 petition for an IR (immediate relative) immigrant visa for his or her spouse, unmarried, minor child or parent if the relative currently resides outside of the U.S., and intends to immigrate to the U.S.  A person who enters the U.S. on an immigrant visa has the right to work upon entry to the U.S. and can use the stamped immigrant visa to enter and exit the U.S. during the first year of residency and does not need USCIS permission to leave the U.S.

An immediate relative petition must be filed with USCIS in the United States unless the U.S. citizen petitioner can prove that he or she has been living in BiH for the preceding six months on a legal status other than student or tourist.  (See below.)

I am married to a U.S. citizen.  My attorney says I should file for the K3 visa because I can move to the United States right away. How can I get that done?

If your U.S. citizen spouse is in the U.S., you might qualify for the K3 visa.  This petition must be filed with U.S. Citizenship and Immigration Services in the U.S.  Please visit U.S. Citizenship and Immigration Services website for further information.

Do I need a fiancé(e) (K1) visa if I want to travel to the United States to marry and then return to a residence abroad?

In general, no.  If you intend to make a short visit to the United States to marry and then return to a residence abroad you do not need a fiancé(e) visa.  You should apply for a B2 (visitor for pleasure) non-immigrant visa.  When you arrive in the United States under B2 status, you will have to prove to the immigration officer at the port of entry that you intend to make a short visit to the U.S. with the intention to marry, followed by a return to a foreign residence.

My fiancé(e) is petitioning for me, but what about my children – can they go with me?

Any unmarried children under the age of 21 can apply for a “derivative” fiancé(e) visa with you. The children must be under 21 years of age and unmarried at the time of their entry into the U.S. on such a visa.  Please visit the U.S. Citizenship and Immigration Services website for further information.

Can I enter the U.S. on my fiancé(e) visa, depart the U.S., and then re-enter on the fiancé(e) visa?

No.  The fiancé(e) visa is a single entry visa. You are required to marry within 90 days of your arrival and to apply immediately thereafter for an adjustment of status with USCIS. You may not depart the U.S. until after you have adjusted your status and have been granted lawful permanent resident status. Please visit the U.S. Citizenship and Immigration Services website for further information.

Can I buy a one-way ticket if I have a fiancé(e) or immigrant visa?

Yes.

How long does each type of visa take to process? 

Apply early!  The entire process from initial petitioning to visa issuance can take six months or more regardless of whether the petition is filed with U.S. Citizenship and Immigration Services in the United States or at a U.S. Embassy abroad.  Applicants are advised not make any major life changes (e.g. selling of a home, ticket purchases, leaving employment) until after delivery of the actual visa.  Once issued, a fiancé(e) or immigrant visa is generally valid for six months before travel to the United States is required.

Note:  Currently, visas for spouses, parents, and children under the age of 21 of U.S. citizens are not numerically limited and are subject to the above-listed processing times.  All other visa types are subject to annual numerical limitations set by law.  It can take several years for beneficiaries of these types to receive their visas.  Please visit U.S. Citizenship and Immigration Services website for more information.

If I am required to file with U.S. Citizenship and Immigration Services, where will my family member beneficiary’s interview take place?

The interview will take place at U.S. Embassy Sarajevo if your relative is resident in BiH.  Petitions are entered with a USCIS service center in the U.S.  They are then forwarded to the National Visa Center (NVC) for initial processing.  Cases are then forwarded to the appropriate U.S. Embassy abroad based on the family member beneficiary’s address listed in his or her petition.  That U.S. Embassy will then contact the family member with instruction on how to continue the application process. 

Visa types that are subject to annual numerical limitations (all types except visas for spouses, parents and unmarried children under 21 of U.S. citizens) are held at the NVC until a visa is available for family member beneficiary. 

Can I receive a refund if my visa petition for an alien relative or fiancé(e) is not accepted?

Neither USCIS nor U.S. Embassy Sarajevo can refund or reimburse funds if your petition is not accepted.

My U.S. citizen spouse has to start a new job in the U.S. We can’t wait to go through the immigrant visa process. What else can we do?

If it is your intention to move permanently to the U.S., you are advised to apply for an immigrant visa in advance of traveling to the United States if you intend to remain permanently in the U.S.  Attempting to enter on a nonimmigrant visa could result in your involuntary return to BiH and prolong any future application for an immigrant visa.

My lawyer in the U.S. has told me to apply for a tourist visa, and then apply for immigration or adjust my status after I arrive. Can I do that?

Generally not.  Many categories of immigrant visas involve long waiting periods before the visa can be issued. It is generally not possible to spend this period in the U.S.

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to BiH. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of USCIS at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to USCIS for an adjustment of status. If your application is approved, USCIS will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa through at the U.S. Embassy or Consulate in your country of residence.

Can I enter the U.S. and wait while the visa is being processed?

Generally not. Many categories of immigrant visas involve long waiting periods before the visa can be issued. It is generally not possible to spend this period in the U.S.

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to France. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of USCIS at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to USCIS for an adjustment of status. If your application is approved, USCIS will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa through at the U.S. Embassy or Consulate in your country of residence.

Can I visit the U.S. during my immigrant visa applicant process?

You must prove to a U.S. immigration officer that you intend to return to your residence abroad to complete your immigrant visa process after a short visit to the United States if you decide to visit the U.S. during your visa application process.  There is no guarantee of entry.  Refused entry to the U.S. could result in your involuntary return to BiH and prolong your application for an immigrant visa.

I need an interview urgently because:

• I’ve booked airline tickets; or
• I can’t be separated from my spouse/fiancé(e)/children; or
• I’ve sold my home/business; or
• I’m pregnant; or
• I’ve booked my wedding in the us; or
• Other.

Each application is important to us, so we schedule interviews on a “first come, first served” basis depending on when we receive notification of applicant readiness for an interview.  Appointments are scheduled on the earliest possible date.  If you need an earlier appointment, we can put you on a waiting list for any appointments that become vacant, again on a “first come, first served” basis.

I need to change my appointment date. What do I do?

Should you need to change your final visa interview appointment date, please e-mail us advising us of the reasons you are unable to attend the scheduled appointment. Upon receipt of your notice, we will respond with a new appointment for the earliest possible date.

I live a long way from Sarajevo. Why do I have to go there for an interview? 

The U.S. Embassy in Sarajevo is the only U.S. immigrant visa processing post in BiH.

Does the U.S. citizen petitioner have to attend the interview?

We urge the U.S. citizen petitioner to attend the interview if he or she is present in BiH.

Do my children have to attend the interview?

Yes, unless your children are already U.S. citizens. Children, regardless of age, who are applying for immigrant or derivative fiancé(e) visas, must attend the interview.

How long does the interview take?

Waiting times vary according to our caseload.  In general, you should be available to spend up to three hours or more at the Embassy.

Can I work after entering the U.S. on my immigrant visa?

Bearers of immigrant visas can work upon entry into the U.S.  Fiancé(e)s must first obtain permission to work from U.S. Citizenship and Immigration Services.  Please visit U.S. Citizenship and Immigration Services website for further information.

How soon can I travel once the visa is issued? How long is my visa valid?

You can travel as soon as you receive your visa.  Immigrant and fiancé(e) visas are valid for 6 months. Therefore, you must enter the U.S. with your visa within 6 months of its issuance.  In some cases, visas can be limited to expire before the 6-month period.  In this instance, you are required to enter the U.S. before the expiry date of your visa.

What if I don’t use the visa within the six months? Can it be extended?

Immigrant and fiancé(e) visas cannot be extended.  If the visa is not used within its period of validity, you must return it to this office for cancellation, along with a note explaining the reasons why the visa was not used. Upon return of the visa and explanation, we will inform you of the requirements for issuance of a new visa.  This involves the repayment of visa fees.

How long must I remain in the U.S. after I have entered on the immigrant visa?

U.S. law does not specify how long one must remain in the U.S. after first entering.  Immigration officials, at the time of your return to the U.S., will look very closely at the amount of time spent away from the U.S.  If they determine that you have been spending more time out of the U.S. than in the U.S., they are empowered to revoke your lawful permanent resident status.  You would then have to re-qualify for permanent resident status.

I have a family-based petition pending. I’ve changed my address. What should I do?

If your file is currently with us, you should e-mail us the details of any changes to your application, including your mailing address. You may also send us an e-mail message. If your application is being retained by the National Visa Center (NVC), you should write directly to NVC to advise them of any changes including your full name, date & place of birth, current address, full name of your petitioning relative, date & place of birth of your petitioning relative, his/her current address, his/her relationship to you, and the date of filing of your petition.

Can I apply for a Social Security number at the time of my visa application?

Immigrant visa applicants may apply for a social security number at the time of their application.  K visa applicants cannot and must apply in the United States.

I have sent form DS-2001 (Applicant readiness for interview) and form DS-230 (biographic data) – when will I be notified of the interview date?

Provided we have received the approved petition, an interview will be scheduled for all fiancé(e) and immediate relative applicants (spouses, parents & unmarried children under 21 years of age) within 1-2 months of receiving your form DS-2001.  Depending on the availability of visa numbers, all other family and employment based applications will be scheduled within 2-3 months.

My paperwork says there are 4 pages to form DS-230, but I only have pages 1 and 2. Where can I get the other parts?

Pages 3 and 4 will be sent with the appointment notification letter.

What sort of police check do I need?

You must provide a police record for BiH and each country where you have resided for more than one year (with the exception of the United States).   Police records cannot be older than one year on your interview date.

Do I need a medical exam?  Can my doctor complete the exam?

Each applicant requires a medical exam.  We will send you medical instructions with your appointment notice.  Please do not apply for exam until we send you the instructions. Medical exams can only be completed by an approved panel physician based in Sarajevo.

Why can’t I have the medical done by my own doctor?

The panel physicians must comply with U.S. health regulations to perform medical examinations for our visa applicants. These panel physicians, when accepted and approved to provide this service, are issued with U.S. medical handbooks. Each country can only have a limited amount of qualified and approved physicians to provide this service for the U.S. government.

I’m pregnant and can’t have the X-rays done. What can I do?

You are not expected to have X-rays taken when you are pregnant. The panel physician will advise you when, after you’ve given birth, it will be appropriate to have the X-ray done.

I don’t want to have the inoculations/vaccinations. Does that mean I can’t have a visa?

Should you not wish to receive any of the required vaccinations, you will be found ineligible to receive an immigrant visa. You may apply for a waiver of that ineligibility, but must establish that compliance with the vaccination requirements would be contrary to your religious beliefs or moral convictions.

To qualify for a waiver you must show that:

• You are opposed to vaccinations in any form;
• The objection is based on religious beliefs or moral convictions (whether or not as a member of a recognized religion); and
• The religious belief or moral conviction (whether or not as part of a recognized religion) is sincere.

A fee is applicable for a vaccination waiver and will be advised at the time of application. The waiver will be sent to a U.S. Citizenship and Immigration Services office for their consideration. These waiver applications can take several months to process.

I haven’t been required to file tax returns in the U.S.; can’t I use my BiH tax returns?

U.S. Immigration laws and regulations require that the petitioning relative or joint sponsor submit the most recent U.S. Federal Income Tax returns – not foreign tax returns. The U.S. Internal Revenue Service (IRS) requires Americans and lawful permanent residents who are working abroad to file a return even if most or all of their overseas income is excluded from U.S. taxes. 

I don’t understand the concept of domicile.

Domicile is a complex issue and must be determined on a case-by-case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. “Temporary” may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time;
• He/she intended to maintain a domicile in the United States; and
• He/she has evidence of continued ties to the United States.
• An American citizen or LPR spouse or dependent who has maintained a residence in the U.S. and/or whose spouse/parent works in one of the categories listed below would also qualify as a sponsor.

Please see Department of State Travel site for further information.

How do I calculate the number of people domiciled in the household?

The Sponsor’s Household Size on form I-864 clearly describes how you should calculate household size. If you still are in doubt on how to calculate the household size, send an e-mail message.

I need a joint sponsor. What are a joint sponsor’s responsibilities?

The joint sponsor’s responsibilities are the same as that of a petitioning relative. The affidavit of support is a legally binding agreement to provide financial support to the person(s) immigrating to the U.S.

How else can I immigrate to the U.S.?

You must qualify for an immigrant visa in your own right. There are only four ways in which to qualify – through family sponsorship, employment, investment, and the Diversity Visa Lottery program. Further information can be found at Department of State Travel - Immigrants to the United States  or on the U.S. Citizenship and Immigration Services website.