Marriage Green Card Process: Living Abroad and Married to a U.S. Green Card Holder 

This guide is specifically for couples where one spouse is a US permanent resident (green card holder) and the other spouse is a foreign national living outside the United States.  It explains the process of getting your marriage green card, which is sometimes called "Consular Processing." From start to finish, this process will likely take between 27-46 months.

Step 1: File the I-130, Petition for Alien Relative, & I-130A, Supplemental Information Form + Supporting Documents

 Step one is for the US green card-holder (also referred to as the  “sponsor” or “petitioner”) to file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). The purpose of this form is to establish the marriage relationship.

Along with this form, the spouse who’s seeking a green card (called the “applicant” or “beneficiary”) should complete the I-130A, Supplemental Information for Spouse Beneficiary.  Because the applicant is outside the United States, they are not required to sign the form before it is submitted.

Along with the I-130 & I-130A, you will also submit supporting documents. These documents typically include proof that the sponsor green card holder, that a legally valid relationship exists and that it's not fraudulent, and proof of identity and nationality.

Once you have completed the forms and gathered the documents, you can mail it to the designated  USCIS address. About two weeks later, you should receive an official receipt notice by mail. USCIS typically makes a decision on your I-130 within 7-10 months.  While they are reviewing your forms, if they need more information, they will send you a Request for Evidence (RFE).

Step 2: Waiting Period 

After the I-130 is approved, USCIS will transfer your case to the National Visa Center (NVC), run by the US State Department.  The NVC will assign a unique case number, which will be used to identify the case form that point forward.

There are limits for how many visas are available each year for spouses of US green card holders.  The State Department determines when a green card is available given various annual cap and published this information via the monthly visa bulletin.  This visa bulletin will let you know when it's your turn to file the green card application. Generally, the wait time is about 8-10 months after the I-130 is approved, but the wait time does vary depending on the beneficiary's home country.

Step 3: File the DS-261 & Pay Application Fees

Once the State Department determines that a green card is available, you can file the DS-261 form.  This is a simple form that tells the State Department how to communicate with you.  While there is no fee to file the DS-261, this is the time that you will pay the State Department's application processing fee and the financial support form fee.  It takes about a week for the NVC to process your payment and approximately 3 weeks to process your DS-261.

Step 4:  File DS-260, Affidavit of Support, & Supporting Documents

Once your payment has been processed, you may log in to CEAC to file the Immigrant Visa Application, DS-260. You will need your case number, beneficiary ID number, and your invoice number found on the welcome notice you initially received from the NVC.  Once you have submitted the DS-260 online, make sure to print the confirmation page so that you can bring it to your interview. Usually within the same day, the NVC will send you a receipt notice via mail or email confirming that they received your application.

You will then need to submit your supporting documents to the NVC.  Depending on which consulate is processing the application, you will either upload, email, or mail these documents.  It's important to submit the documents the way that the NVC instructs you to, as the different consulates have different requirements. This Document Finder can help you learn about the civil document requirements for each country.

In addition to supporting documents, you should submit the Affidavit of Support, Form I-864. There are several types of Affidavit of Support forms (I-864, I-864EZ, I-864W, and I-864A). You can find detailed information about Affidavit of Support requirements and forms on the USCIS website.  

If the NVC still needs more information from you after you submit your documents, they will send you a checklist of missing documents within a couple months.  After they have everything they need, the NVC will typically make a decision within 3-5 months.

Step 5: Three pre-interview Requirements

1. Medical Examination
   The spouse applying for the green card (as well as any derivative applicants) must have a medical appointment with an embassy-approved doctor, also known as the Panel Physician. Exams conducted by other physicians will not be accepted. Country-specific medical examination instructions can be found through the links on this page. Once the exam is complete, the doctor will either send the results directly to the embassy or give you a sealed envelope containing your exam results and vaccination record to take with you to the interview.

2. Passport Return Address
   Before your interview, you should let the consulate know which address you would like your passport to be returned to after an approved visa stamp is placed inside. Instructions for how to do this are posted on each consulate's website.

3. Fingerprinting Appointment

   In addition to instructions for submitting the passport return address, on the consulate's website you will find instructions for how to sign up for a fingerprinting appointment at a visa application support center. You won't be asked questions about the marriage at this appointment.  The purpose is just to get fingerprinted so that the government can conduct background and security checks.

Step 6: Interview

You will receive an Interview Appointment Letter from the NVC by email with a date and time for your interview appointment. The sponsoring US citizen spouse does not attend this interview. You must bring certain documents to the interview, including photographs and the original or certified copy of all civil documents that you submitted to the NVC.  However, you do not need to bring the Affidavit of Support or financial evidence that you submitted.

The main purpose of the interview is for the officer to make sure the marriage is authentic. It’s important to be honest during the interview, but you can always share with an officer if you don’t feel comfortable answering a certain question, as they can be quite personal.  You won’t know the exact questions you will be asked beforehand, but some common topics include the how your relationship started, the marriage proposal, what the wedding was like, the honeymoon, daily routines, habits, your kids if you have any, and questions about birthdays or other celebrations you have spent together. If you are feeling nervous about the interview, it may be helpful to practice talking about these subjects beforehand. 

Step 7: Decision & Next Steps to move to the United States

 If the application is approved, you will receive a visa stamp in your passport.  Make sure to pay the USCIS Immigrant fee here, so that USCIS will produce and mail you your physical green card.  Usually the green card will be mailed to your US address 2-3 weeks after the applicant spouse arrives in the US.

If you’ve been married for less than 2 years, you will receive a CR1, conditional green card. Conditional green cards are valid for 2 years and must be renewed by filing a form to remove the conditions.  If USCIS still believes your marriage is real when you file to remove conditions, you will receive a permanent green card.

 However, if you have been married for more than 2 years when your green card is approved, you will be issued an IR1, permanent green card, also known as an immediate relative green card. These green cards are valid for 10 years and renewing them is usually a simple process.

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