Marriage Based Green Card While Living Abroad

Congratulations on your marriage! If you’ve married a U.S. Citizen and are now living outside the U.S., you may still apply for your U.S. permanent residence or “green card” while remaining abroad. If you’ve married a U.S. Lawful Permanent Resident, you can read about that process here: “I Married a U.S. Lawful Permanent Resident. Can I Apply for My Own Green Card?”

Consular Processing

You may apply for your green card through consular processing. You’ll apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence then enter the U.S. using that visa and receive your green card within 90 days of your entry.

I-130 Petition

The first step is to file Form I-130 and I-130A with the USCIS. This is used to show your bona fide marriage/relationship to USCIS. Once approved, USCIS will forward the case to the National Visa Center (NVC).

DS-260 Application

Once the NVC receives the approved I-130 petition, they will create an online case for the foreign national and send log in credentials by email. You’ll then complete the DS-260 application for immigrant visa and submit online, along with supporting documents and Form I-864. The Form I-864 can be found on the USCIS website but will be uploaded and submitted to the NVC.

Within 2-4 weeks, the NVC will confirm by email whether they’ve received all required forms and documents to process the immigrant visa. They will then work with the Embassy or Consulate to schedule your interview.

Embassy Interview

Processing times vary and depend on how busy your Embassy or Consulate happens to be. Once the interview is scheduled, you’ll complete a medical exam and attend your appointment. You can find a list of required documents for each Embassy location here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/list-of-posts.html.

If your visa is approved, the Embassy will keep your passport and issue the immigrant visa. After you receive your passport with the visa stamp, you’ll pay one final fee to the USCIS, online.

Entering the U.S.
You have 6 months to enter the U.S. using your immigrant visa. Once admitted, congratulations! You’re considered to be a U.S. lawful permanent resident and your green card will be mailed within 90 days.

Conclusion

Consular processing is one of the more complicated family-based immigration processes since you work with three different government agencies. So we highly recommend at least a consultation with an attorney to help ensure you’re clear about each step. You may also learn during the consultation that the adjustment of status process is an option, who knows!

Schedule a consultation today to feel more confident as you embark on this journey as a married couple and into the world of U.S. immigration.