Immigrant Visa Processing for the Alien Spouse/(Step)Child of a U.S. Citizen in Vienna, Austria

Filing Process

A U.S. citizen (petitioner) married to a non-U.S. citizen, who has been residing in Austria for the past 6 months, may petition their spouse/(step)child (beneficiary) for immigration to the United States by filing a petition with the office of the U.S. Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS) in Vienna, Austria. No appointment is needed for filing the petition with the local USCIS office. A separate petition must be filed for each person immigrating.

The U.S. citizen petitioner must complete the Form I-130, Petition for Alien Relative, and submit it with proof of his/her U.S. citizenship (U.S. passport or birth certificate), proof of termination of all previous marriages for both petitioner and beneficiary, the marriage certificate, and one photograph each. In the case of a (step)child - an immigrant visa may be processed for a child only, if he/she has NO claim to U.S. citizenship - the Form I-130 must be submitted with proof of his/her U.S. citizenship and proof of relationship (the stepparent-stepchild relationship must occur before the child’s 18th birthday). The fee for filing the petition is $ 420 or equivalent in Euro, to be paid in cash at the U.S. Consular Section.

Application Process

Upon receipt of the approved petition from the USCIS office, the Immigrant Visa Unit will initiate processing of the immigrant visa by providing a Packet of Instructions to the beneficiary. It includes the Form DS-230 (pdf/1021kb) Part I (Application for Immigrant Visa and Alien Registration) which must be completed and returned immediately; the Form DS-2002, Instructions for Immigrant Visa Applicants (document checklist); as well as the instructions for the Form I-864, Affidavit of Support.

Since December 1997, U.S. immigration law requires all applications for family-based immigrant visas to be accompanied by a contractually binding Affidavit of Support (Form I-864), which has been signed by the petitioner.

The average processing time of an immigrant visa for the spouse/(step)child of a U.S. citizen is four to eight weeks upon receipt of the approved petition from the USCIS office. For certain nationals processing can take several months depending on the required special administrative processing procedures.

Interview

Upon receipt of the notification that the beneficiary is in possession of all required documents and the completion of all required administrative steps, the appointments for the medical examination and the formal interview at the Consular Section will be set, and the invitations will be mailed to the applicant. Interview appointments are Mondays, Tuesdays, and Thursdays at 1:00 pm.

Applicants found ineligible after a personal interview with the consular officer will receive instructions on further steps to be taken to possibly overcome their ineligibility.

Issuance

If the documentation submitted at the interview is complete and the consular officer determines that the applicant is eligible, the immigrant visa is issued within several working days after the interview. The immigrant visa is valid for six months which requires the applicant to travel to the U.S. within six months from the date of issuance of the visa.