Instructions for Immigrant Visa Applicants

The visa applicant should complete and return form DS-230 (Parts I & II) as soon as possible to the U.S. Consulate General in Sydney. We can only accept original forms, not faxed or scanned copies.

When you have obtained all of the documents required for your case, complete and mail all of your documents (do not fax or scan) with Form DS-2001 & Overview Instructions to advise the U.S. Consulate General in Sydney that you are ready for your final visa.

Application for Immigrant Visa and Alien Registration Forms DS-230 Parts I and II

Background

The DS-230 Part I contains questions regarding specific biographical information required for the immigrant visa. A copy of this form is enclosed.

Who completes the form

Each family member that is eligible to travel to the United States with you under this visa classification is required to complete the DS-230 Parts I and II.

Completing the form

Please fill out the DS-230 Parts I & II completely. If a question does not apply to you then you must mark it with a N/A.

Questions

If you have any questions on completing the DS-230 Parts I & II, please write to the U.S. Consulate General, Sydney.

When complete

Please send the completed DS-230 Parts I & II forms immediately to the U.S. Consulate General Sydney. Do not sign DS-230 Part II. You should begin to collect all items applicable to your case that is listed below.

When you have gathered all documentation, complete & mail Form DS-2001 & Overview Instructions to the U.S. Consulate General, Sydney. That office will contact you with your immigrant visa interview time. Please do not fax forms DS-230 Parts I & II and Form DS-2001 & Overview Instructions, the original forms must be mailed.

Documents You Need to Obtain

Document requirements

Please obtain the original documents or certified copies from an appropriate authority for yourself and each family member who will accompany you to the United States. All documents that pertain to your petition are required, even if they were previously submitted to the U.S. Citizenship & Immigration Service (USCIS) office with your petition.

Please note: Civil documents must bear an original signature, stamp and seal of the issuing office or registrar. Copies certified by attorneys, Justice of the Peace, Notary Public etc., are not acceptable.

For marriage certificates: the certificate you sign before the celebrant on the day of your marriage cannot be accepted. You must provide an original copy issued by the Australian Registrar of Births, Deaths & Marriages or from the appropriate courts or registrar offices in the country where married.

Birth Certificates

Obtain the original, or certified copy, of the birth record of each family member (yourself, your spouse, and all unmarried children under the age of 21, even if the children are not immigrating with you).

The certificate must contain the:

• Person’s date of birth
• Person’s place of birth
• Names of both parents, and
• Annotation by the appropriate authority indicating that it is an extract from the official records

Information regarding the procedures for obtaining birth certificates is usually available from the embassy or consulate of the country concerned or by visiting the State Department website.

Unobtainable birth certificate

Your birth record may not be obtainable. Some reasons are listed below:

• Your birth was never officially recorded.
• Your birth records have been destroyed.
• The appropriate government authority will not issue one.

Please obtain a certified statement from the appropriate government authority stating the reason your birth record is not available. With the certified statement you must obtain secondary evidence. For example:

• A baptismal certificate that contains the date and place of birth and both parent’s names, providing the baptism took place shortly after birth
• An adoption decree for an adopted child, or
• An affidavit from a close relative, preferably the applicant’s mother, stating the date and place of birth, both parents names, and the mother’s maiden name.

Note: An affidavit must be executed before an official authorized to take oaths or affirmations.

Marriage certificates

Married applicants must obtain an original marriage certificate, or a certified copy, bearing the appropriate seal or stamp of the issuing authority.

Please note: the marriage certificate you signed on your wedding day is unacceptable. You must submit a copy issued by the Australian Registrar of Births, Deaths and Marriages or from the applicable Courts or Registrar offices of the country you were married in. The certificate must bear an original seal of that issuing office.

Information on how you may obtain a certified copy of your marriage certificate is available from the State Department website.

Termination of prior marriage

Applicants who have been previously married must obtain evidence of the termination of each prior marriage. Evidence must be in the form of original documents issued by a competent authority, or certified copies bearing the appropriate seal or stamp of the issuing authority.

Acceptable evidence is a:

• Final divorce decree
• Death certificate or
• Annulment.

Information on how you may obtain a certified copy of termination of any prior marriages is available from the State Department website.

Child custody

Any minor child immigrating with a parent or who has been petitioned for on his or her own must submit custody information. This may include:

• A court “Order of Residence” & “Relocation Order” verifying sole custody of the immigrating parent, or
• A legal document from the child’s other parent advising of his/her knowledge and consent for the child to live indefinitely in the United States. This must include a copy of a photo ID of that parent; or
• A certified death certificate of the other parent.

Police certificates

Police certificates are required for each visa applicant aged 16 years or older. The table below shows how many police certificates are required based on where each applicant lives and has lived previously. Present and former residents of the United States should not obtain any police certificates covering their residence in the U.S.

If the applicant…	And…	Then the applicant needs a police certificate from…
is living in their country of nationality at their current residence for more than 6 months	is 16 years old or older	the police authorities of that locality.
lived in a different part of their country of nationality for more than 6 months	was 16 years or older at that time	the police authorities of that locality.
lived in a different country for more than 12 months	was 16 years or older at that time	the police authorities of that locality.
was arrested for any reason, regardless of how long they lived there	was any age at that time	the police authorities of that locality.

The police certificate must:

• Cover the entire period of the applicant’s residence in that area, and
• State what the appropriate police authorities’ records show concerning each applicant, including all arrests, the reason for the arrest(s), and the disposition of each case of which there is a record.

Note: Police certificates from certain countries are unavailable.

For more information on obtaining police clearances from countries other than Australia, please visit the State Department website.

Court and prison records

Applicants who have been convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of any subsequent amnesty, pardon, or other act of clemency.

Court records should include:

• Complete information regarding the circumstance surrounding the crime of which the applicant was convicted, and
• The disposition of the case, including sentence or other penalty or fine imposed.

Please note: Court & Prison records from certain countries are unavailable.

More specific information is available from the the State Department website.

Military Records

Persons who have served in the military forces of any country must obtain one copy of their military record.

Please note: Military records from certain countries are unavailable.

More specific information is available from the the State Department website.

Passports

A Passport must be valid for travel to the United States and must have at least eight months validity beyond the issuance date of the visa. Children may be included on a parent’s passport, but if over the age of 16, they must have their photographs attached to the passport.

Deportation

Applicants who have previously been deported or removed at government expense from the United States must obtain Form I-212, Permission to Reapply after Deportation, from the U.S. Citizenship & Immigration Service, or from a U.S. Embassy or Consulate, and follow the instructions included on that form.

Translations

All documents not in English, must be accompanied by certified English translations.

The translation must include a statement signed by the translator that states that the:

• Translation is accurate, and
• Translator is competent to translate.

Affidavit of Support

It is mandatory for petitioners of all family-based immigrant visa applicants to submit an affidavit of support, form I-864, I-864A, or I-864EZ. The signatures on these forms must be originals and must be less than 6 months old at the time of interview.

For further detailed instructions for the I-864 Affidavit of Support, please see our immigrant visa page.

If your application does not require an I-864, your petitioner must complete the I-134 Affidavit of Support have it notarized, and submit with supporting documents.

Children who are about to reach 21 years of age

Important Information

If you have children who intend to immigrate with you to the United States, or to join you in the United States at a later date, please read this important information.

In order to immigrate with you to the United States, or to follow you at a later date, your children must be unmarried and under the age of 21 at the time they enter the United States.

Whom to notify

If any of your children will turn 21 within 60 days, please notify the U.S. Consulate General Sydney immediately.

Please note: If visas will be available in your category prior to your son or daughter’s birthday, your case will receive expedited processing in order to ensure that your son or daughter will be able to immigrate with you. Unfortunately, the United States Consulate cannot assist you if visas are not available in your category prior to your son or daughter’s birthday.

Failure to notify

Failure to notify the U.S. Consulate General Sydney that you have a child who will turn 21 could result in that child being above the legal age at the time your visa is issued. In that event, you will be required to file a separate petition for your child after you immigrate, and your son or daughter will face a waiting period before he or she will be eligible for visa processing.

What Happens Next?

Overview

The table below provides you with an overview of the steps that take place once you have obtained all your documents and have completed the necessary forms.

1. Mail the DS-230 Part I & II forms for each applicant.

   Immediately mail Form DS-2001 & Overview Instructions upon obtaining all applicable documents.

   Mail the forms to the U.S. Consulate General Sydney.

2. The United States Consulate at Sydney, will complete all necessary administrative processing of your immigrant visa application. You may be requested to provide additional information if you have incomplete or are missing documents.

3. You will receive an appointment letter containing the date and time of your visa interview along with instructions for obtaining a medical examination (only if the medical instructions were not included in this packet of instructions). An appointment will be scheduled for the first available date.

When to contact us

The United States Consulate cannot guarantee how long it may be before you are scheduled for an appointment for a visa interview. Please notify the U.S. Consulate General Sydney if the circumstances of your application have changed. For example:

• Change of address
• Change of marital status
• Death of petitioner, or
• Birth or adoption of additional children.