Your Step-by-Step Guide to Getting a Marriage-Based Green Card Through Consular Processing
Are you a U.S. green card holder married to someone living outside the United States? If so, you may be eligible to sponsor your spouse for an immigrant visa. This Green Card Guide will walk you and your spouse through every step of the process to get a marriage-based green card, commonly known as “Consular Processing.” If your situation is different, check out other guides on immigration options and the marriage green card process for tailored advice.
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- Processing Time: 29–40 months (detailed timeline below)
- Cost Estimate: $1,540 (breakdown provided)
Step 1: Filing the Sponsorship Form (Form I-130)
The first step in this process is to establish your relationship with your spouse by filing Form I-130, officially called the “Petition for Alien Relative.” This form proves your marriage is valid.
- The spouse filing Form I-130 is the sponsor or petitioner (the U.S. green card holder).
- The spouse applying for the green card is the applicant or beneficiary.
Fees and Documents
To start, you’ll need:
- Form I-130: $675
- Form I-130A: No cost
- Supporting documents, such as marriage certificates, proof of your relationship, and identity documents.
Once you’ve gathered your documents, send your complete I-130 package to the correct USCIS address. You’ll receive a receipt notice within about two weeks. If USCIS needs additional information, it will issue a “Request for Evidence” (RFE) within 2–3 months.
Step 2: Waiting Period for Visa Availability
Once USCIS approves Form I-130, your case moves to the National Visa Center (NVC). However, spouses of green card holders face a waiting period because of annual visa caps.
Understanding Priority Dates
USCIS will assign your case a priority date, which determines your position in line for visa availability. The State Department publishes these dates monthly in the Visa Bulletin. Only when your priority date becomes “current” can you file your green card application with the NVC.
- Learn how to track your priority date with Law and Visas’ Visa Bulletin Guide.
Step 3: Submitting the Green Card Application to the NVC
Once your priority date is current, you’ll submit your green card application to the NVC.
Filing the DS-261 and Paying Fees
- Complete the DS-261 form, which tells the State Department how to contact you.
- No fee is required.
- Processing time: up to 3 weeks.
- Pay $445 in fees online, covering:
- $325 for the application processing fee.
- $120 for the affidavit of support form fee.
Filing the DS-260
After USCIS processes your payment, file the DS-260 form (Immigrant Visa Application) online. You’ll need your case number, beneficiary ID, and invoice number. Print the confirmation page and keep it for your visa interview.
Step 4: Pre-Interview Requirements
After the NVC accepts your application, it sends your case to the U.S. embassy or consulate in your spouse’s country. Before the interview, you must complete the following steps:
Medical Examination
Schedule a medical exam with a State Department-approved doctor.
- Typical cost: Around $200 (varies by country).
- The doctor will provide a sealed envelope with your exam results, which you’ll bring to your interview.
Fingerprinting Appointment
Sign up for a fingerprinting appointment at a visa application support center. This step is required for background checks.
- The fingerprinting process is straightforward and stress-free.
Passport Delivery Registration
Register online and provide an address where USCIS will return your passport once it approves your visa.
Step 5: The Visa Interview
The visa interview is the final and most critical step. The applicant attends the interview at a U.S. embassy or consulate in their home country, while the sponsor does not need to be present.
What to Expect
- The consular officer will ask questions to verify the legitimacy of your marriage.
- If they are satisfied, your visa may be approved on the spot.
After approval:
- The U.S. will stamp your passport with a visa, allowing you to travel.
- Pay the USCIS Immigrant Fee of $235 online.
- Receive your physical green card at your U.S. address within 2–3 weeks after arriving.
Understanding CR1 and IR1 Green Cards
- CR1 (Conditional Resident): Issued if you’ve been married less than two years. Valid for two years, after which you must file to remove conditions.
- IR1 (Immediate Relative): Issued if you’ve been married for more than two years. Valid for 10 years and easily renewable.
FAQs About Consular Processing
Can my spouse visit me while the green card application is pending?
While it’s possible, entering the U.S. on a tourist visa during this process can be risky. Learn more about travel options and risks from Law and Visas.
What happens if we’re not married yet?
Consider the K-1 fiancé visa, which allows your partner to come to the U.S. to get married. Read our Fiancé Visa vs. Spousal Visa Comparison to choose the best option.
What documents do we need to prove our relationship?
You’ll need evidence like joint bank account statements, photos, and affidavits from friends and family. Check out Law and Visas’ Guide to Proving a Bona Fide Marriage for tips.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a Spouse Visa, Visitor Visa, or Study Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
