February 23, 2009: Visa Processing For Spouse at Consulate

Visa Processing For Spouse at Consulate

I am filing for my husband who is living abroad. I have already been approved and submitted payments for the immigration visas and affidavit of support, but have not received the package yet from the NVC. I would love to get familiarize with the forms ahead of time. Can you assist with which forms will I need to fill out? Thanks in advance.
— anonymous

There are several forms and supporting documents that you will need to submit to the National Visa Center (NVC) for an immigrant visa processing case. For in-depth, country specific information relating to the immigrant visa process, visit www.travel.state.gov. Generally, the forms include the DS-230 Parts I and II and the Affidavit of Support.

It is very important that all of the questions are answered on all of the forms. An unanswered question will likely lead the NVC to send you a request for additional information to capture that missing information. Depending on the U.S. Embassy or Consulate General Appointment Post that your husband’s immigrant visa case is assigned to and the particulars of the case, he will have to provide certain civil documents to the NVC for document processing. The civil documents include, but are not limited to, marriage and birth certificates, criminal history records/police certificates, and military records. Remember that you will need to submit originals or certified copies of these documents.

Furthermore, all documents that are not in English must be accompanied by a certified English translation. As for the Affidavit of Support, you will need to provide evidence that your income is above 125% of the poverty guideline for your household size. Such evidence includes, but is not limited to, your most recent tax return, an original job letter, and recent pay stubs. You will eventually receive a large packet of information from the NVC regarding the processing of your husband’s case.

Many people feel overwhelmed when they receive this packet because of the large amount information being requested and it being their loved one’s immigration status at stake. It is important to note that if the forms and supporting documents are filed improperly, it will delay your husband’s immigration to the United States. It may be wise for you to consult with an immigration attorney with experience in consular processing to assist you with the forms and supporting documentation that will be required for your husband’s case to ensure that there are no unnecessary delays.

Michael Shane and Evan Shane, Immigration Attorneys