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The first step in this process is to file the family sponsorship form (I-130) with USCIS, along with supporting documents. The sponsoring spouse will generally get a receipt notice in the mail from USCIS within about two weeks. Assuming that USCIS has all of the information that it needs, they will usually approve or deny this sponsorship petition within – months, depending on your situation. When approved, USCIS will forward your paperwork to the National Visa Center.
Once the National Visa Center (NVC) receives your approved paperwork from USCIS, they will send you a welcome notice by mail or email, depending on which notification method you choose. This notice will include your case number, a beneficiary ID number, and an invoice number. The beneficiary ID number is a unique number that the NVC assigns to each beneficiary in a case (e.g. the spouse seeking the green card). You’ll need all of these numbers in order to submit the online forms and fees described below at the NVC’s Consular Electronic Application Center.
For spouses of U.S. citizens, the NVC starts processing your case immediately after receiving it from USCIS. For spouses of U.S. green card holders, the NVC will hold the case until the “priority date” for the case appears in the State Department’s visa bulletin. In this scenario, the NVC will send you a notice (by mail or email) stating that “visas are not currently available for your visa category” and that you should watch the visa bulletin to monitor progress.
IMPORTANT UPDATE FOR SPOUSES OF GREEN CARD HOLDERS (March 24, 2023):
In the April 2023 Visa Bulletin, the F-2A family-based category underwent a significant change that affects spouses and unmarried children under the age of 21 of U.S. Green Card holders. Due to a buildup of cases in this category, the “Final Action Dates” for F-2A applications are no longer current, indicating that applications with priority dates that have reached the front of the line and can be adjudicated are no longer valid. However, the “Dates for Filing” for the F-2A category are still current, allowing applicants to submit their green card applications. Nevertheless, these applications will not be processed until their priority date becomes current. For Mexican applicants, the “Final Action Date” or priority date has retrogressed to November 1, 2018, while for all other applicants, it has retrogressed to September 8, 2020. Consequently, there will likely be a significant increase in wait times for green cards in the F-2A category. We will closely monitor this situation and provide updates in our monthly Visa Bulletin report.
The next step is to file the DS-261 form (technically called the “Online Choice of Address and Agent”). This is a relatively simple form that tells the State Department how to communicate with you, and there is no fee to file it. It can take up to three weeks for the NVC to process the DS-261.
Once the NVC has processed your DS-261, you will need to pay two required fees online, for a total of $445: the State Department’s application processing fee ($325) and the financial support form fee ($120).
You will know that your DS-261 has been processed when the fee invoices become available at the NVC’s Consular Electronic Application Center. It can take up to a week for the NVC to process your DS-261 payment.
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Once the NVC has processed your DS-261, you will need to pay two required fees online, for a total of $445: the State Department’s application processing fee ($325) and the financial support form fee ($120).
You will know that your DS-261 has been processed when the fee invoices become available at the NVC’s Consular Electronic Application Center. It can take up to a week for the NVC to process your DS-261 payment.
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After you submit your DS-260, the NVC will send out a notice (again via mail or email) confirming receipt of your DS-260, usually on the same day. You will then need to submit your supporting documents to the NVC as well.
Depending on which consulate is processing the application, you will either upload, email, or mail all of the supporting documents to the NVC. The NVC is responsible for gathering all the forms and documents needed to process your green card application and forwarding them to the consulate. The consulate is responsible for scheduling and conducting your immigrant visa interview and making a final decision on your immigrant visa petition.
It’s important to submit these documents in the way the NVC instructs you to—some U.S. consulates require physical copies, while others allow for emailing or uploading digital copies.
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Once you’ve sent your supporting documents, it generally takes – months before your visa interview is scheduled. You’ll receive a notice from either the NVC or your local U.S. consulate informing you of your interview time and date.
Once your visa is approved, you will receive an immigrant visa stamp in your passport. At this point, the USCIS Immigrant Fee ($235) can be paid online here. This fee is required for USCIS to produce and mail the physical green card.
It is best to pay this fee online as soon as you receive the visa stamp, so that you can receive your physical green card soon after you arrive in the United States. You will use the immigrant visa stamp to enter the United States, and you should receive your physical green card at your U.S. address typically within 3–4 weeks of entry.
The DS-260 and DS-261 are key requirements on the way to obtaining a family-based or marriage-based green card for anyone applying from outside the United States. By reading the instructions and following the directions carefully, you can increase the likelihood that your application process will go smoothly and end with an approved green card.
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