If you’re a U.S. citizen married to a foreign national who resides outside the United States, this guide is here to walk you through the process of obtaining a marriage-based green card. This process is officially called Consular Processing and is designed specifically for couples where one spouse is living abroad.
If your situation is different, consider exploring other Start-to-Finish Guides or an Overview of Marriage-Based Green Cards for more tailored information.
Estimated Time and Costs
- Processing Time: 11.5 to 15 months
- Total Estimated Costs: $1,540 (including government fees)
Important Note on Fees: Immigration filing costs may increase. Stay updated on potential fee hikes and additional costs with [Law and Visas’ Guide to USCIS Fees].
Step 1: Petition for Sponsorship
The first step in this process is filing Form I-130 (Petition for Alien Relative). This form, submitted to the U.S. Citizenship and Immigration Services (USCIS), establishes your marriage as valid in the eyes of the U.S. government.
- Who Does This?
The U.S. citizen spouse (known as the “sponsor” or “petitioner”) submits the I-130. The foreign national spouse (known as the “beneficiary”) is the one seeking the green card.
Government Forms and Fees for Sponsorship
- Form I-130: $675
- Supplementary Form I-130A: $0
You’ll also need to include supporting documents, such as proof of marriage and identity. Once the filing is complete, mail the package to the correct USCIS address. Within two weeks, you should receive a receipt notice from USCIS. If anything is missing, you might get a Request for Evidence (RFE), typically within 2–3 months.
Tip: [Law and Visas] can assist in preparing your petition to avoid unnecessary delays.
Step 2: Green Card Application (NVC Stage)
After USCIS approves the I-130 petition, the case moves to the National Visa Center (NVC). The NVC is responsible for gathering more documents and ensuring your spouse is ready for their green card interview at a U.S. consulate in their home country.
- NVC Case Number: Once the NVC receives your case, they assign a unique case number that will follow your application.
Key Steps at the NVC Stage
- Submit Form DS-261
This simple form lets the NVC know how to contact you. Processing usually takes up to three weeks. - Pay NVC Fees
- Immigrant Visa Application Fee: $325
- Financial Support Fee (Form I-864): $120
- Total: $445. Payments are made online, and processing can take up to a week.
- File the Visa Application (DS-260)
Use the DS-260 form to apply for an immigrant visa. After submission, print the confirmation page for the visa interview. - Submit Supporting Documents
- Form I-864 (Affidavit of Support)
- Evidence of the sponsor’s financial ability to support the beneficiary
Depending on the consulate, documents are submitted online, by mail, or in person.
Step 3: Pre-Interview Preparation
Once the NVC completes processing, your case is forwarded to the U.S. Embassy or consulate in the foreign spouse’s home country. However, several steps must be completed before the green card interview.
Medical Examination
The spouse seeking the green card must undergo a medical exam with a State Department-approved doctor.
- Cost: Varies by country but averages around $200.
- The doctor will provide a sealed envelope with the results, which must be taken to the interview.
Passport Delivery Registration
The foreign spouse must register an address for passport delivery after receiving the visa stamp. Registration instructions are provided by the consulate.
Fingerprinting Appointment
Fingerprinting is required to conduct background checks.
- This appointment is procedural and does not involve marriage-related questions.
Step 4: The Green Card Interview
The green card interview is the final step and often the most nerve-wracking. It takes place at the U.S. Embassy or consulate. Only the foreign spouse attends this interview; the U.S. citizen sponsor is not required to be present.
- What Happens at the Interview?
A consular officer will ask questions to confirm the legitimacy of your marriage. Be prepared to present all relevant documents, including proof of your relationship, medical exam results, and financial forms.
If the officer is satisfied, your visa may be approved on the spot!
What Happens After Approval?
- Visa Stamp: A visa stamp in the foreign spouse’s passport allows travel to the U.S.
- Immigrant Fee: Pay the $235 USCIS Immigrant Fee to receive the green card.
After arriving in the U.S., the physical green card is typically mailed within 2–3 weeks.
Special Considerations
Conditional vs. Permanent Green Card
- Conditional Green Card (CR1): For marriages under two years at the time of approval. Valid for two years, after which you must file to remove conditions.
- Permanent Green Card (IR1): For marriages over two years at approval. Valid for 10 years and easy to renew.
Frequently Asked Questions
Can My Foreign Spouse Visit the U.S. While Waiting?
It’s possible, but it depends on the type of visa used for entry and whether the immigration officer believes the spouse will return abroad after the visit. Always carry proof of intent to return to their home country.
We’re Not Married Yet. What Are Our Options?
Consider the K-1 Fiancé Visa, which allows the foreign partner to enter the U.S., marry within 90 days, and then apply for a green card.
How Do We Prove Our Marriage Is Real?
Submit evidence such as joint finances, photos, travel records, and affidavits from family or friends.
For personalized help and guidance through every step, [Law and Visas] is here to simplify the process and give you peace of mind. Start your green card journey today!
