Appearing for Immigrant Visa
Consulate Processing in California. You can successfully complete the process. Prepared by an expert immigration attorney, this guide offers valuable insights into the marriage petition, spouse petition, and consulate processing application process.
Introduction to Consulate Processing
This process is essential for couples who want to reunite and live together in the U.S. as lawful permanent residents.
The Importance of an Attorney Drafted Consulate Processing Application
Submitting a well-prepared Consulate Processing in California is crucial for a successful outcome. An attorney-drafted CP application for DS-260 ensures that your application is complete, accurate, and compliant with all relevant immigration laws and regulations.
How long does consular processing take?
The Marriage Petition: Form I-130
The first step in the spouse petition process is submitting Form I-130, the Petition for Alien Relative, to the United States Citizenship and Immigration Service (USCIS). This form is filed by the U.S. citizen or lawful permanent resident spouse, known as the petitioner, on behalf of the foreign spouse, known as the beneficiary.
Completing Form I-130
The petitioner must provide information about themselves and their spouse, including personal details, contact information, and information about their marriage. This form serves as proof of a valid marriage and is a prerequisite for the foreign spouse to apply for a green card.
What is the difference between USCIS and consular processing?
Form I-130 Processing Time
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 of submission, asking 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.
Completing Form DS-260
The foreign spouse must provide detailed information about themselves, their family, their background, and their immigration history.
Form DS-260 Processing Time
After submitting the DS-260 online, the foreign spouse must print the confirmation page. The NVC should send a notice by mail or email the same day, confirming receipt of the DS-260.
The Affidavit of Support: Form I-864
This form serves as a pledge to financially support their foreign spouse if they cannot support themselves.
Completing Form I-864
This includes tax returns, W-2 forms, and other financial documents.
Preparing for the Consular Interview
The foreign spouse should gather all necessary documents, including their passport, marriage certificate, police clearance, and medical examination results.
Post-Interview and Entry to the U.S.
If the consular officer approves the CP application, the foreign spouse will receive a visa packet that allows them to travel to the U.S. They must enter the U.S. within six months and present the visa packet to U.S. Customs and Border Protection (CBP) upon arrival.
Dealing with Denials and Appeals
If the consular office denies the CP application, they will explain the reason for the denial. The foreign spouse has one year to correct the application and reverse the denial.
Submitting a complete and accurate consulate processing application is essential for a successful outcome in the spousal visa petition process.