By: Jennifer Fabian-Verzosa, Esq.

IF YOU ARE CONSIDERING FILING A SPOUSE PETITION FOR YOUR WIFE OR HUSBAND OUTSIDE OF THE UNITED STATES, READ THIS USEFUL GUIDE TO LEARN MORE ABOUT WHAT THE SPOUSE IMMIGRATION PROCESS ENTAILS.



Whether you are a newlywed or have been married for a while, filing a petition for your spouse is an  exciting and intensive process that involves multiple steps and careful planning to ensure a smooth and successful outcome.

The first step in the process is to file  Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). You must be a U.S. citizen or lawful permanent resident to file this petition. You must include certain documents with your petition, such as proof of your U.S. citizenship or permanent resident status, a valid marriage certificate, and proof of your bona fide (or true) marriage. These can include evidence such as photos and joint bank accounts. The filing fee for this petition is currently $675 (filed by mail) or $625 (filed online). There are benefits and drawbacks to both processes. USCIS prefers the online filing process, and it is truly convenient. However, the online process can experience (and definitely has experienced) several technical issues since its inception, as most online platforms do.

Once your petition is approved, USCIS will notify you by letter. USCIS will forward your case to  the National Visa Center (NVC), which is like an organizational processing hub for your case.

This is the start of consular processing, and at this point you will have to pay immigrant visa application filing fees, and your spouse will need to complete the online immigrant visa application (Form DS-260).

If you are a U.S. citizen, your case will proceed immediately to this stage. There is no waiting for a visa to become available, and this is a significant advantage in the spouse immigration process. The overall processing timeline for your case is greatly reduced.

If you are a lawful permanent resident, before you can proceed to the consular processing stage, you will need to wait for your spouse’s priority date to become current, or in other words, for a visa to become available in your spouse’s immigration category. Visa availability depends on your spouse’s country of citizenship. You will have to check the  U.S. Department of State Visa Bulletin  for this information. Sometimes you will be permitted to submit your documents to NVC a little earlier, even if your priority date has not yet been reached, if your priority date has reached the designated ‘Dates for Filing’ date according to the visa bulletin.

Some people experience issues completing the online Form DS-260, due to technical difficulties and/or confusion about some of the questions on the form. The form is long due to the many questions, and takes a while to complete. Many people have to return at different times and days to complete the form entirely due to internet and technical issues that can occur. At this stage, having an experienced immigration attorney assist you with completing this process can be particularly beneficial and save you further headache. An attorney can assist you with understanding the questions, and a good immigration attorney can even draft the entire online form for you, and all you have to do is review and e-sign it afterwards!

After completing the DS-260 form, you will also need to submit civil and financial documents to NVC. I see a lot of people get their cases ‘stuck’ at this essential NVC document submission stage, because they struggle with providing the proper civil and financial documents to NVC.

If you submit an incorrect document, it will be rejected, which will add additional time to the overall process. If you submit insufficient documents, NVC will request more documents from you. This is especially significant if you are counting down the days to when you and your spouse can finally be together. If you are at this stage and need help, it is a good idea to seek the assistance of an immigration attorney to ensure that the correct documents and evidence are submitted to NVC. A good immigration attorney will be able to provide you with a checklist of documents for your case at this stage.

If NVC accepts your case documents, NVC will notify you and your case will be considered "documentarily qualified". If your priority date is already current, NVC will then work with the appropriate U.S. embassy or consulate in your spouse’s country of residence to schedule an interview. Sometimes it can take mere months, and sometimes it can take up to a few years to receive an interview date. It depends on the number of people ahead of you waiting for an interview. Fortunately, spouse cases are prioritized over other extended family member cases, but it can still take years to receive an interview at some heavily-backlogged consulates.

Once an interview is scheduled for your spouse’s case, your spouse will need to take the immigrant medical examination, provide fingerprints for an FBI background check, and finally attend the visa interview at the designated U.S. embassy or consulate.

At the interview, your spouse will need to present the required civil and financial documents, and be prepared to answer questions about your relationship, and your spouse’s family history and individual eligibility to immigrate.

If your spouse is approved, she or he will be issued a spouse immigrant visa which can then be used to apply for admission to the U.S. at a U.S. airport or land border. Once admitted to the U.S. by U.S. Customs and Border Protection (CBP), your spouse will now be considered a lawful permanent resident!

Our EXPERIENCED IMMIGRATION LAW OFFICE has helped many couples navigate the consular process and find their happily ever after in the United States. We would love to help you and your loved one reunite through the spouse immigration process. Contact us today for dedicated immigration help for your case: contact@law-jf.com or +1(619) 431-2407. We offer either in-person or remote legal services. You can also learn more about our legal services here.

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

** Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

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