Family-based immigration via the National Visa Center and Filing an I-130 online with the USCIS:
Navigating the process to obtain green card or an immigrant visa through a U.S. citizen or lawful permanent relative petitioner can be done via various paths. Here we introduce the path called consular processing, or processing via the National Visa Center and an interview at a US embassy or consulate abroad.[1] Understanding the steps will help simplify this journey.
Processing times can range from four to twenty-four months, and once you choose a path, you cannot switch to a shorter one. Talk to an attorney before choosing a path.
Step One: Filing the I-130 Petition
The first step in the process is for a US citizen or lawful permanent resident relative to file the I-130 petition to the United States Citizenship and Immigration Services (USCIS). Petitioners are divided into non-preference / immediate relative categories, and preference categories. Marriage partners are immediate relatives. The processing time for the I-130 petitions varies, and can be checked at the USCIS website. Petitions can be filed either electronically or by hard copy. The convenience and efficiency of electronic filing is recommended as a method to reduce processing times.
A petitioner should indicate the embassy or consulate where the beneficiary will interview for their immigrant visa.
Step Two: Petition Sent to the National Visa Center
Once the petition is approved by the USCIS, it is sent electronically (if filed electronically) to the National Visa Center (NVC). The NVC is part of the Department of State, and it does some of the work of the US embassies and consulates abroad.
Step Three: Visa Processing Fees
The NVC will begin reviewing the case only after fees, forms, and financial documents have been paid and provided. These fees include the Immigrant Visa Application (DS-260) Processing Fee and the Affidavit of Support Fee. You can see the fees current at the time of writing of this article here. After payment, these fees can take 10 calendar days to process, after which the NVC portal will open for submitting the DS-260, related civil documents and the Form I-864/ Affidavit of Support.
Steps Four and Five: DS-260 and Civil Documents Upload
After the fees are processed and documents received, the applicant must complete Form DS-260, the Application for Immigrant Visa and Alien Registration, through the Consular Electronic Application Center (CEAC) website.
After the DS-260 is submitted, the visa applicant's clear, color scans of the required civil documents are requested to be uploaded to the portal. Incorrect or incomplete submissions may result in delays, as additional or corrected documents may be requested after the NVC does its review. A recent technical hurdle in this step involves issues with the NVC server and data storage, leading to portal instability and refusal to accept uploads. Civil documents must be translated into English and certified as good translations, if they are not in English. Examples of civil documents to scan and upload include:
- Birth certificates
- Adoption records
- Criminal records (if applicable)
- Marriage and divorce certificates
- Passport biographic data pages
- Civil documents of the petitioner
At the interview stage months later, a printed copy of the DS-260 confirmation page must be brought to the embassy interview, along with original copies of the civil documents.
Steps Six and Seven: Affidavit of Support and Financial Documents
The petitioner must submit the Affidavit of Support (Form I-864) and indicate their financial responsibility for the applicant. The sponsor must be domiciled in the U.S., which can be challenging to prove, if they reside abroad. A sponsor must be able to show an intention to move back to the US if living abroad. Evidence of this can include having a job offer and searching for housing in the United States, and US ties like a bank account. Contact Chavin Immigration Law Office for guidance on demonstrating domicile while living abroad, especially if you lack a W-2 or employment in the United States.
The Affidavit of Support and related financial documents prove the sponsor’s ability to support the applicant. The financial documents include Internal Revenue Service tax transcripts for the past three years or income evidence, such as Forms 1099 or W-2. Tax transcripts are summaries of Form 1040, the US income tax return. Tax transcripts can be downloaded from an account created on the Internal Revenue Service website.
Steps Eight and Nine: NVC Review and Transfer of Case to Embassy
Once all documents are uploaded, the immigrant visa applicant hits submit. NVC reviews the materials and decides whether the applicant’s file is documentarily complete or documentarily qualified. When the filing is documentarily complete, the NVC notifies the applicant. The NVC can then coordinate with the relevant consulate or embassy to schedule an interview.
Steps Ten and Eleven: The Physical Exam and The Embassy Interview
The next steps of the process involve preparing for and attending a visa interview. In the case of an immigrant visa application with the US Embassy in London, the embassy mails an invitation to the applicant with an interview appointment date and a request to register themselves with an appointment account online. This account can be used to reschedule an interview after an appointment date has past. The letter from the US Embassy has a lot of information on other preparation and interview details. For example, the applicant is directed to have a physical exam at the London doctor’s office licensed for US visa related exams.
The interview process can differ among Consulates or Embassies. Therefore, for more detailed and accurate guidance on how to navigate the interview stage of an immigrant visa application, see the website of the appropriate US Consulate or Embassy.
Footnotes
[1] Consular processing is in contrast to adjustment of status using Form I-485, which is done fully inside the United States, when the beneficiary of a family based immigration petition is located in the United States.