Attorney Drafted Consulate Processing Application for DS-260
In California, you can successfully complete the consulate processing for a marriage petition. This guide, prepared by an expert immigration attorney, offers insights into the marriage petition and the consulate processing application.
What is Consulate Processing?
Consulate processing is a crucial step for couples seeking to reunite in the U.S. and live as lawful permanent residents. A well-prepared application is essential for a successful outcome. An attorney-drafted application ensures it is complete and accurate. It also ensures it complies with all immigration laws and regulations.
The Marriage Petition: Form I-130
The first step in the spouse petition process is submitting Form I-130. This form, called the Petition for Alien Relative, is sent to U.S. Citizenship and Immigration Services (USCIS). The U.S. citizen or legal permanent resident spouse, the “petitioner,” files the form on behalf of their foreign spouse, the “beneficiary.”
To complete Form I-130, the petitioner must provide information about both spouses. This includes personal details, contact information, and information about their marriage. This form proves a valid marriage and is a prerequisite for the foreign spouse to apply for a green card.
USCIS typically takes 7 to 10 months to process Form I-130. If the application is incomplete, USCIS may issue a Request for Evidence (RFE) within 2-3 months. This RFE asks for additional information or documents.
The Consulate Processing Application: Form DS-260
The main form in this process is the DS-260, the Online Immigrant Visa and Alien Registration Application. The foreign spouse must provide detailed information about themselves. This includes family background and immigration history. After submitting the DS-260 online, the foreign spouse must print the confirmation page. The NVC should then send a notice confirming receipt.
The Affidavit of Support: Form I-864
This form, the Affidavit of Support, is a pledge. The petitioner promises to financially support their foreign spouse if they cannot support themselves. To complete Form I-864, the petitioner includes tax returns, W-2 forms, and other financial documents.
Preparing for the Consular Interview
The foreign spouse should gather all necessary documents for their interview. This includes their passport, marriage certificate, police clearance, and medical examination results.
Post-Interview and Entry to the U.S.
If the consular officer approves the application, the foreign spouse will receive a visa packet. This packet allows them to travel to the U.S. They must enter the U.S. within six months. Upon arrival, they must present the visa packet to U.S. Customs and Border Protection (CBP).
Dealing with Denials and Appeals
If the consular office denies the application, they will explain the reason. The foreign spouse has one year to correct the application and reverse the denial.
Conclusion
Submitting a complete and accurate consulate processing application is essential for a successful outcome. It is a critical step in the spousal visa petition process.
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