Marriage Green Card Process: Living Outside the US and Married to a US Citizen
Welcome to Hope Immigration! This guide is specifically for couples living outside the US where one spouse is a citizen and one is applying for a green card through marriage.
Applying for your green card is an investment of time and money, but is an important step in being able to live with your spouse in the US. Hiring an attorney allows you to streamline the process and file with confidence. Book a consultation or email Attorney Parker to get started today.
Step 1: File the I-130, I-130A
The first step to completing a green card application is for the US Citizen spouse (also called, petitioner) to file an I-130, Petition for Alien Relative. This is the form that establishes the marriage relationship. The non-citizen spouse (also called, the beneficiary) will need to complete and sign the I-130A, Supplemental Information for Spouse Beneficiary to be filed with the I-130. Mail the forms to USCIS and check to make sure you are sending it to the right address. Within the couple weeks after you file, keep an eye out for an official receipt notice in the mail saying that USCIS received your filing.
Step 2: Receive your case number from the NVC, File DS-261, and pay the State Department's fees
Since the spouse seeking a green card is living outside of the United States, USCIS will transfer the case to the State Department's National Visa Center (NVC). The NVC will assign you a case number and, because you are the spouse of a citizen, begin processing your case immediately. It usually takes about 3-5 months from this point for them to forward the case to a US embassy or consulate in the applicant spouse's country of residence.
The NVC will send you a Welcome Letter by email or physical mail. Using the information in the letter, you can log in to the Consular Electronic Application Center (CEAC) to check your status, receive messages, and manage your case.
Once you receive your case number from the NVC, you should file form DS-261, Online Choice of Address and Agent. This form lets the NVC know how to communicate with you. At this time, you will need to pay the State Department's application processing fee and the financial support form fee, which currently totals at $445. To pay your fee, log into your case in CEAC and click the ‘PAY NOW’ button under Affidavit of Support Fee or IV Fee on your summary page.
Step 3: 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.
Step 4: Three pre-interview Requirements
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.
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.
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 5: 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 6: 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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