If you’re married to a U.S. citizen and hoping to move to the United States, you may already know that marriage to a U.S. citizen is one of the most common pathways for obtaining a U.S. green card (permanent residency). However, if your U.S. citizen spouse is living abroad, the immigration process is a bit different—and understanding these changes can make all the difference in ensuring a smooth and successful application.

Consular Processing: What’s Different?

Consular Processing is the procedure used when the foreign spouse lives outside of the U.S. The U.S. citizen must first file a Form I-130, Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS). After the petition is approved, the next steps are completed at a U.S. consulate or embassy in the country where the foreign spouse lives.

Key Steps in the Process for Couples Living Abroad

1. Petition Filing (Form I-130): The first step is for the U.S. citizen spouse to file a Form I-130 and establish the validity of the marriage. This petition can be filed with USCIS if the U.S. citizen spouse is living outside the U.S. as long as they meet the residence requirements. Once the petition is approved, USCIS forwards the case to the U.S. Department of State, specifically the National Visa Center (NVC).
2. NVC Processing and Document Submission: The NVC takes over the case after the I-130 petition is approved and begins preparing it for a visa interview at the U.S. embassy or consulate. At this stage, the foreign spouse must submit required documents, such as an updated police certificate, medical examination results, and proof of the relationship’s legitimacy. It is crucial that these documents are accurate and timely to avoid delays.
3. Consular Interview: The foreign spouse will be scheduled for an interview at the U.S. consulate or embassy in their home country. During the interview, consular officers will evaluate the authenticity of the marriage and verify the documents submitted. If everything checks out, the immigrant visa is approved, allowing the foreign spouse to travel to the U.S.
4. Entry to the U.S. and Green Card Issuance: Once the visa is approved, the foreign spouse enters the U.S. as a lawful permanent resident. Upon entry, the green card will be mailed to their U.S. address. If the couple has been married for less than two years at the time of entry, the foreign spouse will receive a conditional green card, which is valid for two years. Before it expires, the couple must apply to remove the conditions and obtain permanent resident status.

Common Challenges and Considerations

• Immigration Visa Delays: One of the main differences in consular processing for couples living abroad is the potential for delays. Depending on the U.S. embassy’s processing times, and the complexity of the case, it could take several months to over a year to secure the visa. That’s why having an experienced immigration attorney guide you through this process is essential.
• Document Accuracy: Every document submitted must be clear, complete, and authentic. Missteps in the paperwork could cause serious delays or even denial of the petition. With our help, we ensure that every step is taken meticulously to avoid any unnecessary complications.
• Financial Sponsorship Requirement: The U.S. citizen spouse must demonstrate that they can financially support the foreign spouse once they arrive in the U.S. This is done through an Affidavit of Support (Form I-864). If the U.S. citizen spouse lives abroad, they must show their financial situation meets U.S. income guidelines, which may include providing documents from their foreign employment or assets.

Navigating U.S. immigration law can be complex, especially when one spouse lives outside the U.S. With the stakes being so high, it’s crucial to ensure every step is taken correctly. From filing the initial petition to preparing for the consular interview, having an experienced immigration lawyer by your side can make a huge difference in reducing delays and minimizing risks.

At Rokas Law Office PLLC, we specialize in assisting couples in international marriages, providing expert legal support to guide you smoothly through the consular processing journey. We understand the unique challenges of long-distance marriage-based immigration and are committed to helping you reunite with your spouse in the U.S. as quickly and efficiently as possible.

Ready to start your immigration journey? Contact us today to schedule a consultation, and let us help you take the first step toward your new life in the United States.