Navigating the U.S. green card application process from outside the United States can be overwhelming, but understanding the DS-260 and DS-261 forms is key. These online forms are essential steps in applying for a family-based or marriage-based green card, allowing applicants to complete the process smoothly. Here’s everything you need to know to successfully complete these forms and increase your chances of getting your green card.
What is the DS-260?
The DS-260 is the primary application form for individuals applying for a green card from outside the U.S. Officially named the “Immigrant Visa Electronic Application,” the DS-260 is handled by the National Visa Center (NVC) and the local U.S. Embassy or consulate in the applicant’s home country. It collects critical information about the applicant’s background and eligibility for an immigrant visa (green card).
What is the DS-261?
The DS-261, also known as the “Online Choice of Address and Agent,” is another online form required in the green card process. Unlike the DS-260, which focuses on the applicant’s eligibility, the DS-261 tells the U.S. State Department how to contact you and who will represent you during the process. This form is relatively simple and must be completed before submitting the DS-260. It’s free of charge to file, though there are other fees associated with the green card application process.
Step-by-Step Process for Completing the DS-260 and DS-261
Step 1: Start the Process by Filing the I-130 Form
Before you can complete the DS-260 or DS-261, the first step is to file the I-130 form, which is a family sponsorship petition submitted to the U.S. Citizenship and Immigration Services (USCIS). This form is used to establish that a U.S. citizen or permanent resident is sponsoring you for a green card.
Once USCIS receives the I-130 form, the sponsoring family member will get a receipt notice within about two weeks. The processing time for USCIS approval typically ranges from 11 to 40 months, depending on the complexity of your case. After approval, USCIS will send your paperwork to the National Visa Center (NVC) to begin the next steps.
Step 2: The National Visa Center (NVC Takes Over)
Once the NVC receives your case from USCIS, they will send you a welcome notice by email or mail, depending on your preference. This notice will include important information like your case number, beneficiary ID number, and an invoice number. You will need these numbers to proceed with the DS-260 and DS-261 forms.
For U.S. citizen spouses, the NVC will immediately begin processing the case. However, if you are a spouse of a U.S. green card holder, the NVC will wait until your priority date is current according to the U.S. Department of State’s visa bulletin. In some cases, the visa bulletin may indicate that visas are not currently available, meaning there may be a waiting period before your application can be processed.
Important Update for Spouses of Green Card Holders (March 2023)
A change in the visa bulletin may affect the processing times for the F-2A category (spouses and unmarried children under 21 of U.S. green card holders). Although applicants can still submit their applications, their cases will not be processed until the priority date is current. For Mexican applicants, the priority date has retrogressed to November 1, 2018, while for other applicants, it has moved back to September 8, 2020. As a result, there will be longer wait times for green cards in this category.
Step 3: Complete the DS-261
After the NVC processes your case and you’ve received your welcome notice, the next step is to complete the DS-261 form. This form is simple and allows you to designate a representative and provide the preferred address for receiving notifications. There is no fee to submit the DS-261, but processing by the NVC may take up to three weeks.
How Much Does the DS-261 Cost?
While there’s no cost to file the DS-261 form, you will need to pay two required fees once the NVC processes it. These fees total $445, which covers:
- The application processing fee ($325)
- The financial support form fee ($120)
Once you’ve paid these fees, the NVC will provide you with invoices, and you’ll be able to continue with your green card application.
Step 4: Filing the DS-260 Form
After your payment is processed, you can begin filling out the DS-260 form. This is the main green card application, and it collects your personal details, travel history, and other essential information to assess your eligibility for a green card. You’ll need your case number, beneficiary ID number, and invoice number from the welcome notice to get started.
Tips for Completing the DS-260 Form
- The DS-260 must be filled out entirely in English. If any addresses or names are not in the Roman alphabet, make sure to transliterate them.
- Include information about all children (biological, stepchildren, and adopted children), regardless of their age or whether they will immigrate with you.
- List all addresses where you’ve lived since turning 16. Don’t just include your official permanent addresses; include any places where you actually resided, even if temporarily.
- Double-check your contact details, as the green card can take months to arrive after approval. Ensure the address you provide will remain valid during that time.
- The DS-260 cannot be edited once submitted, so double-check everything before you submit. If you notice a mistake after submission, inform the consular officer during your visa interview and ask for corrections.
After submitting the DS-260, print the confirmation page to bring to your visa interview at the U.S. consulate.
Step 5: Submit Your Supporting Documents
After the NVC processes your DS-260, you will need to submit supporting documents to complete your green card application. The NVC will notify you by mail or email when they receive your DS-260 and provide instructions for submitting the required documents.
Depending on your consulate, you may be asked to submit copies of documents either by mail, email, or via an online upload system. Common documents include:
- Proof of nationality (birth certificate, passport photo page)
- Marriage certificate (for marriage-based green cards)
- Divorce or death certificates (for any previous marriages)
- Police clearance certificates from any country where you’ve lived for at least 6 months after age 16
- Military service records (if applicable)
Make sure to follow the specific instructions from the NVC about how to submit your documents, and always submit copies, not originals, unless requested to do otherwise.
Step 6: Visa Interview and Final Fee
Once all your documents are submitted, the NVC will forward your case to the U.S. consulate or embassy. They will schedule a visa interview for you. At the interview, you’ll need to present your documents and answer questions about your application.
After your visa is approved, you will receive an immigrant visa stamp in your passport. At this point, you will need to pay the USCIS Immigrant Fee of $235 online, which covers the production and mailing of your green card.
It’s a good idea to pay this fee immediately after your visa is stamped so you can receive your physical green card quickly once you enter the United States.
The DS-260 and DS-261 are two crucial steps in applying for a family-based or marriage-based green card. By carefully following the instructions and submitting accurate information, you can ensure a smoother process and a higher chance of success. With thorough planning, your path to permanent residency in the U.S. can be more efficient and stress-free.
If you’re not sure which visa is right for you or need guidance through the process, it’s helpful to take an assessment to get a personalized plan. By doing so, you’ll better understand the next steps in your immigration journey.
