When you and your spouse are separated by borders, or there are specific barriers that require your spouse to obtain status while abroad, they may need to navigate consular processing in order to reunite in the United States. Understanding the process and requirements can help make this journey smoother and less stressful. In this blog, we provide an overview of consular processing specifically for a spousal visa (though other family members may also consular process), designed to guide you through each step.
What is Consular Processing for Spousal Visas?
Spousal Visa consular processing is when a foreign national spouse applies for an immigrant visa (a green card) at a U.S. consulate or embassy in their home country, rather than in the United States. This process is essential for spouses of U.S. citizens (USCs) or lawful permanent residents (LPRs) who are currently residing outside the United States or are required to leave the US in order for their application to be processed.
Who is Eligible?
Understanding the eligibility requirements for consular processing is crucial for ensuring a smooth application process. Both the petitioner (USC or LPR) and the beneficiary (foreign national spouse) must meet specific criteria to qualify for a spousal visa. Here’s an overview of the primary eligibility requirements:
Petitioner’s Legal Status
The petitioner must be a U.S. citizen or a lawful permanent resident (green card holder). U.S. citizens can apply for an immediate relative visa for their spouse, while lawful permanent residents can apply for an F2A (family preference) visa.Â
Proof of Relationship
The petitioner must provide evidence of a valid, bona fide marriage to the beneficiary. This includes a marriage certificate and other proof of the relationship, such as correspondence, joint financial records, travel itineraries, photos from significant life events, and letters of support from friends and family.
Financial Requirements
The petitioner must demonstrate the ability to support the beneficiary financially. This is usually done by submitting an Affidavit of Support (Form I-864) and meeting the minimum income requirements based on the U.S. federal poverty guidelines. Sometimes, a joint sponsor may be required if the petitioner does not meet the minimum income requirements.
Marital Status
The beneficiary must be legally married to the petitioner. Marriages must be recognized as valid under the laws of the country where they took place. Common-law marriages, same-sex marriages, and marriages conducted through religious ceremonies are generally accepted if legally recognized in the jurisdiction where they occurred.
If either the petitioner or beneficiary has been previously married, they must provide proof of the termination of all prior marriages through divorce decrees, annulment certificates, or death certificates.
Intent to Reside in the U.S.
The beneficiary must intend to live permanently in the United States with the petitioner upon receiving the immigrant visa. If both spouses are living abroad, things can get complicated. It can be advisable (though difficult) for the petitioner to return to the United States early to establish a household for the beneficiary to relocate to.
Inadmissibility Factors
The beneficiary must not be inadmissible to the United States. Grounds for inadmissibility include certain criminal convictions, immigration violations, communicable diseases, and security-related concerns. In some cases, waivers may be available for certain grounds of inadmissibility.Â
It is important to determine whether you are inadmissible before beginning consular processing to save yourself both time and money.
No Existing Immigration Petition
If the beneficiary has previously filed any immigration petitions or applications, they must disclose this information. It is important to ensure that there are no conflicts or discrepancies in the information provided to USCIS or the NVC.
What is the Application Process?
Consular processing for spousal visas involves several steps and can take a significant amount of time until the spouse receives their decision and can reunite with their family in the U.S. Below, we outline the main steps involved from start to finish.
File the Petition (Form I-130)
The USC or LPR (the petitioner) must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the petitioner and the foreign national spouse (the beneficiary).
USCIS Approval
Once USCIS approves the I-130 petition, it is forwarded to the National Visa Center (NVC). USCIS will send an approval notice to the petitioner, indicating that the petition has been approved.
NVC Processing
The NVC assigns a case number and provides instructions on how to proceed with the visa application. This includes submitting required documents and paying applicable fees. The beneficiary will also need to complete Form DS-260, the Online Immigrant Visa Application.
Submit Required Documents
The petitioner and beneficiary must submit various documents, including an Affidavit of Support (Form I-864), civil documents (such as their birth certificate, marriage certificate, police certificates, etc.), and financial documents to prove the petitioner’s ability to support the beneficiary.
Schedule the Visa Interview
Once the NVC has processed the case, they will schedule a visa interview at the U.S. consulate or embassy in the beneficiary’s home country.Â
Medical Examination
Before the visa interview, the beneficiary must have a medical exam done by a physician approved by the U.S. embassy or consulate. The results of this exam are typically sent directly to the embassy or consulate.
Attend the Visa Interview
The beneficiary attends their NVC interview and brings all required documents. Be prepared for the visa interview by reviewing potential questions and having all necessary documents organized and ready for presentation. If the beneficiary needs to update any information regarding their petition, this is the moment to do so. If the consular officer has any further questions or requires more information, they will inform the beneficiary and issue a Request for Evidence.
Visa Issuance
If the consular officer approves the visa application, the beneficiary’s passport will be stamped with the immigrant visa, allowing entry into the United States. The beneficiary will also receive a sealed packet of documents to present to the U.S. Customs and Border Protection (CBP) officer upon arrival in the U.S.
Entering the United States
The beneficiary must enter the U.S. within the visa’s validity period. Upon entry, the CBP officer will process the immigrant visa packet and admit the beneficiary as a lawful permanent resident. The green card will be mailed to the U.S. address provided during the application process.
Why Consider Consular Processing?
Consular processing is often the only viable option for spouses living outside the U.S. It allows the foreign national spouse to obtain an immigrant visa and enter the U.S. as a lawful permanent resident.Â
While the process may seem daunting, it’s a crucial step in reuniting families and providing stability for spouses. By following the outlined process and being aware of potential challenges, you can navigate this journey more confidently. At Hope Immigration, we are dedicated to guiding you through every step, ensuring that you and your spouse can be together in the United States as smoothly and quickly as possible. If you have any questions or need assistance with consular processing, don’t hesitate to contact our office for guidance.