Marriage Consular Processing

Green Card Through Marriage Processing

Marriage is a significant milestone for many individuals, and for U.S. citizens and lawful permanent residents, it can also open the door for their spouse to obtain a Green Card. One of the most common paths to obtaining permanent residency in the U.S. is through marriage to a U.S. citizen or Green Card holder. For individuals who are living abroad, the process of obtaining a Green Card through marriage involves consular processing, which is a way to apply for a Green Card from outside the United States.

Consular processing is the procedure through which individuals who are outside the U.S. can apply for their marriage-based Green Card. The process begins once a U.S. citizen or Green Card holder spouse files a petition for their foreign spouse. The foreign spouse then applies for an immigrant visa at a U.S. consulate in their home country. Once the visa is approved, the spouse can enter the U.S. as a permanent resident.

How to Apply for a Green Card Through the Consular Process

The process of applying for a Green Card through consular processing includes several important steps:

1. Petition Filing (Form I-130): The U.S. citizen or Green Card holder spouse must file a Form I-130, Petition for Alien Relative, with USCIS. This petition is to prove the legitimacy of the marriage and the relationship between the spouses.

2. USCIS Approval and Case Transfer to NVC: Once USCIS approves the I-130 petition, the case will be transferred to the National Visa Center (NVC). The NVC will assign a case number and request additional documents.

3. Submit Required Documents: The foreign spouse will need to provide several documents, including proof of the marriage, passport, birth certificate, police clearance certificate, and medical exam results. Additionally, the U.S. citizen spouse may be asked to submit financial documents such as tax returns and proof of income to ensure they can financially support the spouse.

4. Consular Interview: Once the NVC completes processing, the case will be sent to the appropriate U.S. embassy or consulate for an immigrant visa interview. The foreign spouse will be scheduled for the interview, where they must provide biometric data (fingerprints, photo), undergo medical examinations, and answer questions about their relationship.

5. Visa Issuance: If the interview goes smoothly and the consular officer approves the application, the foreign spouse will receive an immigrant visa, which allows them to enter the U.S. as a permanent resident.

6. Entering the U.S. and Receiving the Green Card: After arriving in the U.S., the foreign spouse will be processed as a lawful permanent resident and will receive their Green Card in the mail.

Green Card Through Marriage Processing Time

The processing time for a Green Card through marriage consular processing can vary depending on several factors. Generally, it can take anywhere from 12 months to over 18 months from the time the petition is filed until the immigrant visa is issued. Some of the factors affecting processing time include:

1. U.S. Citizenship and Immigration Services (USCIS) processing time: The USCIS will first need to approve the I-130 petition, which can take several months depending on their workload.

2. National Visa Center (NVC) processing time: After USCIS approval, the case is transferred to the NVC for further processing, which can take additional time, typically 3-6 months.

3. Embassy/Consulate scheduling: The scheduling of the visa interview at the U.S. embassy or consulate in the foreign spouse’s country can affect the processing time, depending on the embassy’s availability and security checks.

Marriage-Based Green Card Interview Questions

The marriage-based Green Card interview is one of the most nerve-wracking parts of consular processing. This interview ensures that the marriage is legitimate and not a “fraudulent” marriage intended to gain immigration benefits.

The consular officer will ask a series of questions about the couple’s relationship to determine if the marriage is genuine. Common marriage-based Green Card interview questions include:

• How did you meet your spouse?
• When and where did you get married?
• What is your spouse’s job?
• How do you communicate (phone, email, in person)?
• Have you met your spouse’s family?
• What are your plans for the future?

It is essential for the couple to answer these questions truthfully and consistently, as discrepancies could raise suspicions.

How To Apply for a Marriage Green Card From Abroad?

If you’re applying for a Green Card from abroad, follow the consular processing steps outlined above. However, keep in mind that some countries may have specific requirements or procedures, so it is crucial to follow the instructions provided by the U.S. embassy or consulate in the foreign spouse’s home country.

The key steps are:

1. File Form I-130 with USCIS.
2. Wait for approval and transfer to NVC.
3. Submit required documents to NVC.
4. Schedule and attend the consular interview.
5. Receive your immigrant visa and enter the U.S.

How an Immigration Lawyer Can Assist with Marriage Consular Processing?

Navigating the Green Card through marriage consular processing can be complex, especially for those unfamiliar with U.S. immigration laws. An immigration lawyer can help by:

1. Ensuring Proper Documentation: An immigration lawyer will ensure that all the necessary forms, documents, and evidence are properly completed and submitted. Missing or incorrect paperwork can delay the process.
2. Providing Expert Guidance: An immigration lawyer can provide guidance on the entire process, from petition filing to interview preparation, helping to avoid mistakes that could jeopardize the application.
3. Interview Preparation: Immigration lawyers can prepare couples for the consular interview by helping them understand what to expect and practicing the questions they may be asked.
4. Handling Complications: If there are any issues with the petition or interview (such as past immigration violations or criminal history), an immigration lawyer can help resolve these matters and increase the chances of a successful outcome.