​​​​​​​​​​​​​​​​​​​Spouse of US Citizen living outside the United States

If you are a U.S. citizen and your spouse is living outside the United States, the process of obtaining a green card is called consular processing. This means your spouse will apply for an immigrant visa through a U.S. embassy or consulate abroad, rather than filing for adjustment of status inside the U.S. Understanding how consular processing works can help you prepare for timelines, documentation, and potential challenges along the way.

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Step 1: Family Petition

The consular processing journey begins by filing a spousal petition with USCIS, using Form I-130 and Form I-130A. This step is designed to establish that a valid, bona fide marital relationship exists between the U.S. citizen petitioner and the foreign national spouse. At this stage, USCIS is not evaluating finances, prior immigration history, or admissibility. The sole focus is whether the marriage is real.

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To support the petition, we submit identification documents such as birth certificates and passports, along with the marriage certificate and evidence showing an ongoing marital relationship. This evidence may include photographs, communication records, travel history, or other documents reflecting a shared life as a married couple.

 

In situations where the marriage is recent or the couple has lived apart for a significant period of time, documentary evidence may be limited. In those cases, affidavits from family members or close friends can be used to explain how they know the couple and why they believe the marriage is genuine.

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Attorney Fee: $1500

✓ Processing Time: 6–13 months.

✓ Payment plans available in up to three installments, with a 3% processing fee.

✓ Government filing fees are not included in the service fees.

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Step 2: Immigrant Visa and Consular Interview

Once USCIS approves the spousal petition, the case moves forward to the immigrant visa stage, commonly referred to as consular processing. For spouses of U.S. citizens, immigrant visas are immediately available, meaning there is no waiting period after approval. This is an important distinction from cases involving spouses of lawful permanent residents, which may be subject to visa backlogs under the Visa Bulletin.

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At this stage, the government’s focus shifts from the marriage itself to the admissibility of the applicant. The U.S. government reviews prior immigration history, any criminal background, and other factors to determine whether the applicant is eligible to enter the United States. Another major component of this step is the Affidavit of Support, which addresses public charge concerns. The U.S. citizen spouse must show the ability to financially support the immigrant, typically through tax returns, pay stubs, and employment verification. If the U.S. citizen spouse is not currently employed or does not earn sufficient income, a joint sponsor may be used. The joint sponsor does not need to be a family member, but must be either a U.S. citizen or a lawful permanent resident.

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After the immigrant visa application and Affidavit of Support are submitted, the case is reviewed by the National Visa Center (NVC). Once the NVC confirms that all required documents are complete, the case is forwarded to the U.S. embassy or consulate in the applicant’s home country to schedule a visa interview. Prior to the interview, the applicant must complete a medical examination and bring the results to the appointment.

If the consular officer approves the case, the immigrant visa is issued, allowing the applicant to enter the United States within the authorized time period. Upon entry, the applicant becomes a lawful permanent resident, and USCIS will automatically mail the green card to the U.S. address listed in the application.

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Attorney Fee: $2000

✓ Processing Time: 2–6 months, subject to variation by country.

✓ Payment plans available in up to three installments, with a 3% processing fee.

✓ Government filing fees are not included in the service fees.

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Total Attorney Fee: $3500

✓ You may retain our firm on a step-by-step basis as the case progresses.

 

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At Dream Immigration Law, we’ve helped countless couples reunite and start their lives together in the U.S. Whether your spouse is abroad or already here, we’re here to make the process clear, honest, and stress-free — every step of the way.