How Do I Bring My Spouse (Husband or Wife) to Live in the United States?
From VjWiki - The Immigration Wiki
Under Construction
Created by: Lotofpatience
First Created on: 05/12/2008
Posted by: Em4oAndKrisi
First Posted on: 08/13/2008
IMPORTANT!! This is MOSTLY for I-130, IR/1 and CR/1 cases. I-129 (K1 or K3) information still to be added.
USCIS Steps
Welcome to the United States Citizenship and Immigration Services USCIS !
The first step in bringing your spouse to the U.S. is to file an I-130 Petition (Immigrant Visa Petition) with the USCIS Service Center. The spouse in the U.S. is the Petitioner and the spouse in the foreign country is the Beneficiary. Once the I-130 petition is approved, the case is forwarded to the National Visa Center NVC. After NVC’s process, the case is forwarded to the Foreign U.S Consulate where the beneficiary appears for the immigrant visa interview.
I-130 is filed to obtain the Green Card (also called Immigrant Visa) for your foreign spouse. Meanwhile, once the Petitioner has I-130 Receipt Notice (NOA1), the Petitioner can file I-129F for the Beneficiary’s K-3 (Non-Immigrant) visa. There is no fee to file I-129F. Sometimes, K-3 visa may be faster than the IR-1/CR-1 Immigrant Visa (IV).
Always refer to USCIS Official Website for the latest Fees, Fees Payable to, Forms and the Address to mail the forms. You may register at the USCIS Website to get notification about the approval sent to your email address.
Step 1 – I-130 Filing
Please refer to I-130 Cover Sheet.
Write down petitioner’s Full Name and Date of Birth on the back side of petitioner’s photograph lightly. Write down beneficiary’s Full Name and Date of Birth on the back side of beneficiary’s photograph lightly.
It is important to put your full name on your mailbox to receive mail from USCIS.
Step 2 – I-130 Receipt Notice
USCIS mails the Receipt Notice to the Petitioner. It might take a couple of weeks from the filing date to get this notice. Meanwhile, you can check with your bank if the filing fee has already cleared.
The petitioner may file I-129F at this point in time.
Step 3 – I-130 Approval Notice
USCIS mails the Approval Notice to the Petitioner. It might take couple of months from the filing date to get this notice, depends on the Service Center. Some people can expedite the process based on valid reasons. Though it may not be helpful, it is a good idea to contact your congressperson/senator to inquire about your case at USCIS if your case has been pending for 3 months or more.
NVC Steps
Welcome to National Visa Center NVC !
Tel# (603) 334-0700
Email: NVCINQUIRY@state.gov
NVC Contact details can be found at: The US Department of State Official Website
If you follow these steps carefully, you can possibly be out of NVC in 4 to 6 weeks time.
Step 0 - Preparing For The NVC Process
Collect all the following general documents beforehand to speed up the NVC process. Note that these are general documents and it may differ case by case and country by country. For accurate details, please visit: Applicant Document Processing and select the Beneficiary’s Consulate.
Required documents from the petitioner for I-864 Affidavit of Support Package
- Last 3 years IRS Tax Transcripts (otherwise, last 3 years 1040 and W-2/1099)
- Original Employment Letter
- Original pay stubs (try to include all of them of the current year and/or one that includes salary to date)
- All of the above from any joint sponsors
Required documents from the Beneficiary for DS-230 Immigrant Visa (IV) Package
[NOTE: check at Reciprocity by Country (select your country and scroll down to bottom) to see what documents are available from your country - many don't have military or police documents available]
- Two passport-sized photographs (2X2 inches) of the beneficiary (Write down NVC Case# and beneficiary’s full name and date of birth on the back side of both photographs lightly)
- Completed and signed form DS-230 Part I by the beneficiary
- Completed and unsigned form DS-230 Part II by the beneficiary
- Photocopy of the beneficiary's passport biographic data page
- Original/certified copy of beneficiary’s birth certificate
- Original/certified copy of beneficiary’s and petitioner’s marriage certificate
- Original police certificate(s) of the beneficiary
- Original/certified copy of military record, if applicable
- Original/certified copy of divorce decree, death certificate, etc. of previous marriage, if applicable
Important:
• If any of the civil documents are not in English, translate them into English and get them notarized. NOTE: NOT necessary to notarize. Also, many sources say it's not necessary to translate, if the documents are in the language of the embassy where the interview will take place: see Documents The Applicant Must Submit
• Certified copy of the civil document must be from the respective agency. That means, birth certificate’s certified copy must be from the birth registrar’s office, etc.
• IRS Tax Transcripts can be obtained free by dialing 1-800-829-1040
• Forms start with “DS” (DS-3032, DS-230) are from the Department of State and must be completed by the beneficiary. Forms can be found at: Department of State Forms
• Forms start with “I” (I-864) are from the USCIS and must be completed by the petitioner. Forms can be found at: USCIS Immigration Forms.
Step 1 - NVC Assigns Case Number
NVC receives I-130 approval from the USCIS. Do not wait for I-130 approval notice from the USCIS. Dial (603) 334-0700 to check NVC’s Automated Voice Response system ( NVC's AVR). You need your I-130 Receipt Number to check the status.
If your NVC Case Number is assigned, get Invoice Identification Number NVC IIN – it is an 8-digit number – from an NVC live operator to pay the AOS fee and Immigration Visa fees online. Both NVC Case Number and IIN (Invoice Identification Number) are needed to login to The Department of State Online Payment System to pay the fees.
NVC Assigns the Case Number in the format LLLNNNNNNNNNN
Where:
LLL is three letter code of the Foreign U.S consulate where beneficiary appears, first NNNN is the four digit year NVC assigned the Case Number, second NNN is the three digit Julian Date NVC assigned the case,
last NNN is the three digit serial number of the day NVC assigned the case.
For example, if your case is at Chennai, India and the case is assigned on January 2, 2008 and it is the 2nd case on that date, your case # will be MDR-2008-502-002. That is MDR2008502002.
Step 2 – Choice of Agent Form (DS-3032) Generation & I-864 Fee Invoicing
- NVC Generates and sends a copy of the DS-3032 (Choice of Agent form) to the petitioner.
- NVC Sends the original DS-3032 (Choice of Agent form) to the beneficiary in the foreign country.
- NVC Invoices I-864 (Affidavit of Support) Fee to the petitioner online at The Department of State Online Payment System
There are now two independent tracks that run parallel within the NVC. For those who are using a lawyer, DS-3032 is NOT generated or sent by the NVC as the lawyer would automatically be designated as the agent.
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Step 3 - Finalization
Final Step 1 – NVC Case Completion
Time: Approximately 1 week after the last step of the above 2 independent tracks
Case is officially completed and NVC will set an interview date in conjunction with scheduling available at the foreign U.S. Consulate/Embassy.
Final Step 2 – NVC Case Forwarded to the Foreign U.S Consulate
Time: Approximately 7 to 10 days after above step
Case is officially forwarded to the U.S Consulate by DHL. All your Originals/Certified copies submitted to NVC along with all your files are mailed to the consulate in this step.
NVC mails out immigrant visa appointment letter to both the petitioner in the U.S and the beneficiary in the foreign country.
How to track your valuable originals?
Listen to NVC's AVR message, it will clearly say “Your case is completed and forwarded to the embassy or consulate in XXX on MM/DD/YYYY…” Once you hear this message, immediately go to DHL Tracking by Reference and track your shipment.
For example, if NVC's AVR says your shipment date is 06/05/2008, NVC actually called DHL one day before this date to pick up the shipment. So your reference date is 06/04/2008. Then enter EXP 04 JUN 2008A as your reference in the above DHL website. Then scroll down to your consulate link.
To be sure you can try a date range between 06/03/2008 to 06/06/2008 in the date range.
Foreign US Consulate Steps
Step 1 – Foreign U.S Consulate Receives NVC Package
Time: Couple of days depends on the location
Beneficiary may do the following:
- Try to get International Driving Permit (IDP) if he/she wants to drive in the U.S immediately after arrival.
- Purchase or block the air ticket since the interview date is known. It is recommended to block the ticket at least 1 week after the interview date to receive the passport by courier. For some countries, passport is delivered by courier.
Step 2 – Courier Office Visit
(This may be an optional step for some of you)
Once step# 1 is completed and you have interview appointment letter, proceed to the courier office.
Some countries may have courier service to courier the passport to the applicant after the visa interview. For example, in India it is VFS service. For more info, visit: https://www.vfs-usa.co.in/Home.aspx
Step 3 – Foreign U.S Consulate Receives NVC Package
Time: At least 1 week before the actual interview
Here is the general list of vaccinations, get it done by your family physician, if possible, before going to Consulate approved physician to cut the cost. If you have an official record of having these vaccinations and they are current, you generally will not have to have them done again. You will need to present the vaccination record to the panel physician. Please check with the panel physician if you are unsure as to whether or not your vaccination record will be accepted.
- Acellular pertussis
- Hepatitis A
- Hepatitis B
- Human papillomavirus (HPV)
- Influenza
- Influenza type b (Hib)
- Measles
- Meningococcal
- Mumps
- Pneumococcal
- Pertussis
- Polio
- Rotovirus
- Tetanus and diphtheria toxoids
- Varicella
- Zoster
Also, get and appointment with one of the panel physicians at least 1 week before the interview date to complete the medical.
Please take the following before proceeding to Medical:
- Visa interview appointment letter
- Applicant’s Original passport
- Applicant’s Photographs
- All prior vaccination records
- Fee (normally by cash – it can vary from $50 to $300)
- If you believe that you may have had some of the vaccinations already, but have no official record of them to present to the panel physician, you may contact the panel physician to see if a Titre Test will be accepted instead of having all the vaccinations again.
Step 4 – U.S Consulate Interview
Required documents:
- Visa interview appointment letter
- Applicant’s original passport
- Applicant’s photographs
- Medical Report from Step #3
- Excessive evidence to prove marital relationship in addition to the marriage certificate. This can be wedding album, honeymoon pictures, email/chat/phone records, joint bank account/joint property ownership etc. If the interview is to take place through a glass window, make sure things are flat enough to be passed through.
- I-130 set, I-864, DS-3032 and DS-230 sets provided by the petitioner
- Applicant’s identification info, such as driver license, voter’s registration card etc.
- All applicant’s education, employment and all personal files
- Petitioner’s original documents/copies are optional. However, it is a good idea to bring them too at interview time. You never know.
- Courier office receipts, if applicable
- Any other consulate-specific documents; call in advance to see if this applies
• Refer to your Consulate immigrant visa section for more details.
• Do not forget to collect all your originals back after the interview, which were submitted to NVC.
• Organize the files in the order of interview checklist or packet 4.
• Read the forms (I-130, G-325A of the petitioner and the beneficiary, I-864, DS-3032 and DS-230) carefully, so that your answers to the officer’s questions must match whatever is written on the forms.
• Take an additional photocopy of ALL the documents including the one submitted to NVC too.
• Dress appropriately for the interview - "business casual" - with minimal jewelry.
• Appear at the consulate a little earlier than the interview time.
• Listen to the officer carefully and answer properly and politely to each question.
• Do not provide extra information other than the right and truthful answer to the question.
• The visa is affixed inside the passport (validity will be 6 months) and the applicant is given a sealed envelope which should be hand carried, UNOPENED, to the U.S and submitted to the immigration inspector at the U.S. port-of-entry. If the sealed envelope is opened prior to arrival in the United States, the immigrant visa fee of $400 must be paid again at the American Consulate, and a new sealed envelope will be handed over to the applicant.
• Please complete all forms in CAPITAL letters and BLACK ink, if required.
• All dates are in the U.S. format MM/DD/YYYY (ie. for Aug 15, 2001, write 08/15/2001)
• All names must be as in the passport.
• Fingers should not have any cut or wound (there may be fingerprinting at U.S Consulate and at U.S Port of Entry).
• Do not fold any of the documents, take a large envelope.
• For example interview questions, refer to Consular Interview Questions or Interview Questions, Attachment # 5, below.
Arrival at U.S Port of Entry
• Ask someone which line you should go in - sometimes they say the visitor line, sometimes the permanent resident/citizen line.... Proceed to the immigration officer and hand over your passport and the sealed envelope. Officer might take you to another area and ask some questions. Listen carefully and answer politely and properly.
• Receive I-551 stamp in passport [PLEASE CORRECT THIS IF IT IS WRONG]. Make sure you get the IR-1 stamp if you have been married more than two years at the time of entry.
• Collect your checked baggage (if you are at an airport).
• If your spouse is not with you already, meet your beloved one waiting – you’re done! (Do not forget to give a big hug and a kiss and optionally a bouquet of roses!)
• Wait for Welcome Letter, Social Security card and Green Card to arrive in mail. The SS card should arrive in 10-14 days if you checked the box to receive it automatically on the DS-230. Alternatively, you can visit your local Social Security office to obtain a card. It might be 10-14 days before your number is available in their system. The Green Card takes longer to arrive - usually around 6-8 weeks.
• If you were married for less than two years when you activated your permanent residence status (by arriving at a U.S. Point of Entry), make a note to apply for lifting conditions 90 days before the two-year anniversary of your entry (NOT the two-year anniversary of your wedding). See Step-by-Step Guide on Removing of Conditions (Form I-751) for further information.
Attachment 1 – I-130 Cover Sheet
Delete items that don't apply to your case
Month Day, Year
<USCIS Address>
Subject: I-130 Petition for my spouse <Beneficiary’s full name>
Dear Sir/Madam:
I, <Petitioner’s Full Name>, a citizen of the United States, would like to file a petition I-130 for my spouse, <Beneficiary’s Full Name>.
Please find enclosed the following required and supporting documents:
- Completed and signed form I-130
- Check for I-130 filing fee
- Completed and signed form G-325A and photograph (petitioner)
- Completed and signed form G-325A and photograph (beneficiary)
- Copy of my U.S Passport to prove U.S citizenship OR Copy of my naturalization certificate to prove U.S citizenship
- Copy of my birth certificate
- Copy of our marriage certificate
- Copy of divorce decrees or death certificates of petitioner/beneficiary
- Copy of beneficiary’s birth certificate and passport
- Copies of affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of our marriage
Copies of the documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an immigration or consular officer at a later date.
I kindly request you to process the above petition and to provide the receipt notice as soon as possible.
If you have any questions or concerns on the above matter, please do not hesitate to contact me at (NNN) NNN-NNNN, or at the address below.
Thank you,
<Petitioner’s Signature>
<Petitioner’s Full Name>
<Petitioner's SSN>
<Petitioner’s U.S Address>
Attachment 2 – I-864 (Affidavit Of Support) Cover Letter
Delete items that don't apply to your case
Month Day, Year
National Visa Center
ATTN: CMR - AOS
32 Rochester Avenue
Portsmouth, NH 03801-2909
Subject: I-864 Affidavit of Support for my spouse <Beneficiary’s name as in the passport>
NVC Case# LLLNNNNNNNNNN
I-130 Receipt Notice# XXX-NN-NNN-NNNNN
Dear Sir/Madam:
I, <Petitioner’s full name>, a citizen of the United States, would like to file the Affidavit of Support I-864 for my spouse <Beneficiary’s full name>, who is the beneficiary of the immediate relative petition I-130 filed by me at <Service Center>. He/She is the intending immigrant to the United States.
Please find included:
- Bar-coded cover sheet
- Completed and signed form I-864
- IRS tax transcripts OR Federal Tax Return + W2 or/and 1099 for <last year> (you can include last three years - optional)
- A letter stating my employment
- Original Pay stubs for <year>
- Completed and signed form I-864 from <any co-sponsor>
- IRS tax transcripts OR Federal Tax Return + W2 or/and 1099 for <last year> (you can include last three years - optional) from <co-sponsor>
- A letter stating <co-sponsor's> employment
- Original Pay stubs for <year> from <co-sponsor>
- Copy of <co-sponsor's> passport
I kindly request that you process this Affidavit of Support as soon as possible.
If you have any questions or concerns on the above, please do not hesitate to contact me at (NNN) NNN-NNNN or at the address below.
Thank you,
<Petitioner’s Signature>
<Petitioner’s Full name>
<Petitioner's SSN>
<Petitioner’s Address>
Attachment 3 – DS-3032 Email Format
To: NVCINQUIRY@state.gov
Subject: <NVC Case#, Beneficiary’s Full Name and Date of Birth>
Body
NVC Case#: #####
USCIS Receipt#: #####
Petitioner's Name: #####
Petitioner's Date of Birth: #####
Beneficiary's Name: #####
Beneficiary's Date of Birth: #####
Re: Declaration of the Choice of Address and Agent for Immigration Visa applicant
To whom it may concern:
My name is <Beneficiary’s full name> and my visa case# is <NVC Case#>. Per the DS-3032 (Choice of Address and Agent for Immigrant Visa Applicants), I would like to appoint my spouse as my agent of choice to receive all future correspondence from the U.S. Department of State. My spouse’s contact information is provided below:
Name: <Petitioner’s Full name>
Address: <Petitioner’s U.S Address>
Phone: <Petitioner’s best contact number>
Email: <Petitioner’s email address>
All the mails from the U.S. Department of State concerning my immigrant visa application should be sent to the address above.
If you have any questions or concerns on the above matter, please do not hesitate to contact me at <Beneficiary’s phone number> or at the address specified below.
Thank you,
<Beneficiary’s Full name>
<Beneficiary’s Address>
<Beneficiary’s Phone number>
<Beneficiary’s Email address>
Attachment 4 – DS-230 Cover Sheet
Delete items that don't apply to your case
Month Day, Year
National Visa Center
ATTN: CMR
32 Rochester Avenue
Portsmouth, NH 03801-2909
Subject: DS-230 Immigrant Visa Application for my spouse <Beneficiary’s full name>
NVC Case#: ####
Beneficiary Name: ####
Beneficiary DOB: MM/DD/YYYY
I-130 Receipt Notice#: ####
Dear Sir/Madam:
I, <Petitioner’s Full Name>, a citizen of the United States, acting as the Agent of this petition, would like to file the Immigrant Visa Application DS-230 completed by my spouse <Beneficiary’s full name>, who is the beneficiary of the immediate relative petition I-130 filed by me at <Service Center>. My spouse is the intending immigrant to the United States.
Please find enclosed the following documents:
- Bar-coded cover sheet
- 2 Passport-sized photographs of the beneficiary
- Completed and signed form DS-230, Part 1, by the beneficiary
- Completed and unsigned form DS-230, Part 2
- Photocopy of the biographic data page of the beneficiary's passport
- Certified birth certificate of the beneficiary
- Certified marriage certificate of the beneficiary and the petitioner
- Certified divorce decree or death certificate for beneficiary's prior marriage(s)
- Original police certificate(s) of the beneficiary
- Original military certificate of the beneficiary
Also enclosed are photocopies of the following documents:
- Photocopy of the biographic data page of the beneficiary's passport
- Certified birth certificate of the beneficiary
- Certified marriage certificate of the beneficiary and the petitioner
- Certified divorce decree or death certificate for beneficiary's prior marriage(s)
- Original police certificate(s) of the beneficiary
- Original military certificate of the beneficiary
I kindly request you to process this Immigrant Visa Application as soon as possible and forward to <Beneficiary’s interview consulate>.
If you have any questions or concerns on the above matter, please do not hesitate to contact me at (NNN) NNN-NNNN or at the address below.
Thank you,
<Petitioner’s Signature>
<Petitioner’s Full name>
<Petitioner’s SSN>
<Petitioner’s Address>
Attachment 5 – Interview Questions
Q) Where and How did you meet?
Q) How long have you known each other?
Q) When and where did you marry?
Q) Do you have any photos of the ceremony and/or reception?
Q) Did you go for a honeymoon? If so, when and where?
Q) Where does he work and what position does he hold?
Q) What is his employer name and address?
Q) What is his current salary?
Q) How many days of the week he works?
Q) What do you do for living?
Q) Have you ever been in the USA?
Q) Have you ever issued/denied any visa to the USA?
Q) How long he has been in the USA?
Q) Where does he live in the USA?
Q) How long he has been in the current address?
Q) What are his contact numbers?
Q) What is his email address?
Q) What's your husband's address and phone# in India?
Q) Do you have any children?
Q) Were you married before this marriage?
Q) Does he have any children? How many ? What's the name of the child?
Q) Where does your husband's son/daughter live now?
Q) What's your husband's ex-spouse's name?
Q) What's your husband's parents' name?
Q) What is your husband's name, date of birth and place of birth?
Q) What is your husband's other names?
Q) What is your other names?
Q) When and where was your husband's prior marriage, if any?
Q) When and where was your husband's prior marriage termination/divorce, if any?
Q) Did you file a joint tax return this year? Do you have a copy with you?
Q) Do you own any property together? What property? Did you bring copies of the documents with you?
Q) What kind of automobile does your spouse have?
Q) Do you have an insurance policy listing your spouse as the beneficiary? If so, do you have a copy?
Q) Does your spouse have insurance policy where you are the beneficiary?
Q) When and where was your husband's last U.S port of entry ?
Q) What's your husband's immigration status in the U.S?
Q) When and where was his naturalization ?
Q) Does he have U.S passport & when and where was it issued?
Q) Do you need SSN when you arrive at the U.S?
Q) Do you plan to work in the U.S and what position?
Q) Have you ever been convicted?
Q) Has your husband ever been convicted?
Q) Have you ever been deported?
Q) Has your husband ever been deported?
Q) Describe your employment history?
Q) Describe your education history?
Q) What's your husband's bank in the U.S ? What are the accounts there?
Total Cost of Immigrant Visa
Fees as of July 1, 2008.
I-130 Filing Fee: $355
I-129F Filing Fee: Free
I-864(Affidavit of Support)Review Fee: $70
DS-230 IV Fee: $400
Medical Report Charges: Varies from $50 to $300
Police Certificate Charges: Varies
Photographs: Varies
USPS Mailing Charges: Varies
International Mailing Charges: Varies
Other Charges: Varies (Photocopies, Notarization, Affidavits etc.)
Total Cost: $1,500
