If your spouse lives outside the U.S., consular processing is a path to a marriage-based green card. The process begins with a petition filed here in the U.S. It is designed to help your spouse enter the U.S. as a lawful permanent resident (LPR).
Do I Qualify?
U.S. Citizen or Lawful Permanent Resident
You must be a U.S. citizen or green card holder.
Spouse Lives Outside the U.S.
Your spouse must currently reside outside the United States.
Financial Sponsorship
You must demonstrate the ability to financially support your spouse.
Legal Marriage
You must be legally married and able to provide a valid government-issued marriage certificate.
Bona Fide Relationship
You must be able to demonstrate that your marriage is genuine.
Spouse Must Be Admissible
The foreign spouse must be admissible under U.S. immigration law.
Documents to Gather
Proof of U.S. Citizenship or Permanent Residence
Valid U.S. passport, U.S. birth certificate, naturalization certificate, certificate of citizenship, Consular Report of Birth Abroad (CRBA), or a copy of your green card.
Marriage and Civil Documents
Government-issued marriage certificate for your current marriage and birth certificates. If either spouse was previously married, you must provide documentation for every prior marriage.
Proof of Bona Fide Marriage
Joint bank account statements, joint lease or mortgage documents, utility bills in both names, health or life insurance policies listing your spouse, travel records showing time spent together, and photographs documenting your relationship over time.
Financial Documents
Most recent federal tax returns, W-2s or 1099s, recent pay stubs, bank statements, and a letter of employment.
Foreign Spouse's Personal Documents
Valid passport for the foreign spouse, national identity documents, police certificates from every country where the foreign spouse has lived for six months or more since age 16, and any military records.
Additional Documents May be Required
Legal name change documents, prior immigration records, police and court records, affidavits from family or friends, certified English translations, and prior visa refusals or immigration decisions.
Filing Fees
Attorney Fees
Government Fees and Miscellaneous Costs
Timeline
Schedule A Consultation With An Attorney
Consular processing involves multiple steps and required documentation. The process typically begins with an initial consultation.
File Form I-130 With USCIS
USCIS processing times vary depending on current workload and the specific service center. For the most current information from USCIS, check their case processing times.
USCIS Approval and Transfer to National Visa Center
Once the I-130 is approved, it is transferred to the National Visa Center (NVC) and a case number is assigned. Please note, marriage-based petitions filed by LPRs may take longer due to visa availability and processing backlogs.
NVC Processing
The NVC collects immigrant visa fees, forms, and all required civil and supporting documents. Once the NVC determines the case is complete, a consular interview is scheduled. NVC processing depends on the current NVC workload. For the most current information from the Department of State, check their Immigrant Visa Scheduling Status Tool.
Medical Examination
Before the consular interview, the foreign spouse must complete a medical examination. This must be done by a panel physician approved by the U.S. Department of State in their home country.
Interview Preparation
Before the consular interview, we review the required documents and discuss what to expect during the interview process.
Consular Interview
The foreign spouse attends an in-person interview at the U.S. embassy or consulate in their home country. The consular officer reviews the case and, if approved, issues an immigrant visa.
Visa Issuance and U.S. Entry
If approved, the foreign spouse receives an immigrant visa and may travel to the United States. Upon admission, the foreign spouse generally becomes a lawful permanent resident.
Complex Case Factors
Prior Immigration Violations
Unlawful presence in the U.S., prior deportations or removals, or previous visa overstays.
Criminal History
Certain criminal convictions can affect eligibility or trigger additional scrutiny.
Country-Specific Processing Delays
Processing timelines vary depending on the U.S. embassy or consulate.
Disclaimer & Attorney Advertising: The information on this website is provided for general informational purposes only and does not constitute legal advice. Visiting this site, submitting a contact form, or contacting the Law Office of Ashley Weston does not create an attorney-client relationship. An attorney-client relationship is only established through a written, signed retainer agreement.
The Law Office of Ashley Weston is a Professional Law Corporation incorporated in Sacramento and licensed to practice law in the State of California. Our practice is limited to California Limited-Scope services and Federal Immigration Law nationwide. We do not practice the state laws of jurisdictions outside of California.
All legal matters are fact-specific, and prior testimonials or results do not guarantee a similar outcome. This website constitutes attorney advertising under California Rules of Professional Conduct and applicable rules in other jurisdictions. Attorney responsible for this advertisement: Ashley Weston, Esq., Sacramento, California.