The main goal of this article is to provide you with the framework for the basic steps involved when applying for a K-1 fiancé(e) visa or a family-based green card through the consular process. For those seeking to bring their fiancé, spouse, or immediate family to the United States, the process can seem daunting. However, obtaining a fiancé(e) visa or a family-based green card through the consular process is possible with the right information. In this article, we will discuss the basic steps involved in applying for a K-1 visa or family-based green card through the consular process. By understanding these steps, you can increase your chances of success and reuniting with your loved ones in the United States.

What is Consular Processing?

The consular process is a way for people from other countries to apply for a US visa from outside the US. The term consulate refers to petitions that originate through a US Embassy or Consulate located in countries outside of the United States. The consular process can differ based on the type of visa you’re applying for and your unique situation. Our team at SimpleCitizen is here to help guide you through the process, whether you’re applying for permanent residency or a K visa.

The consular process for a family-based green card or fiancé(e) visa is a multi-step process that involves coordination between different government agencies. Those are the US Citizenship and Immigration Services (USCIS) which is a division under the Department of homeland security, and the National Visa Center (NVC), which is a division under the US Department of State. Let’s take a look into what processing looks like for each application type!

Applying for Permanent Residence Through the Consular Process

If you live outside of the United States and are eligible to apply to become a lawful permanent resident, you may be able to do so through the consular process. This process involves applying for an immigrant visa at a US embassy or consulate in your home country or country of residence. If you are approved for an immigrant visa, you can then travel to the United States and become a lawful permanent resident. The green card obtained through the consular process is similar to a green card obtained through adjustment of status within the United States, but the application process is different. In this section, we will provide an overview of the green card application process through the consular process, including the forms and documents required, the interview process, and important considerations for applicants.

1. File Petition through USCIS: The US citizen spouse must file a Form I-130, Petition for Alien Relative, with USCIS to establish the relationship between the foreign national spouse and the US citizen. On average, it can take anywhere from 8-12 months for USCIS to process the I-130. Processing times depend on the number of applications that USCIS has at any given time, and their capacity to review them.
   
2. The petition is Approved: USCIS will review the I-130 petition and, if approved, will notify the petitioner and send the approved petition to the National Visa Center (NVC) for further processing.
   
3. USCIS Transfer Petition to NVC: Once the I-130 petition has been approved, it will be forwarded to the National Visa Center (NVC) for further processing. The NVC will review the application and any necessary supporting documents that have been submitted. Once all required documentation has been received, the NVC will forward the application to the US consulate or embassy in your home country.
   
   During this process, the NVC will also contact the petitioner with instructions on how to set up an account on the Consular Electronic Application Center (CEAC) website. This account will allow the petitioner to keep track of the application status and complete any necessary forms and fees. The NVC will also provide details on which additional steps are needed to proceed with the application.
   
   The timeline for this process can vary, and it may take approximately 1-2 months for USCIS to transfer the petition to the NVC. If you have any questions or concerns about this process, please do not hesitate to contact us for further assistance.
   
4. NVC Forms: Using the online account provided by the NVC, the petitioner must file Form DS-260 and Form I-864 as well as pay the associated fees.
   
5. Schedule Interview and Complete Medical: The interview is scheduled by the US consulate or embassy. The foreign national will be required to attend the consular interview and will need to prepare for the interview by gathering all necessary documents and information, such as a valid passport, police certificates, and evidence of the bona fide nature of the marriage or relationship with the family member. They will also need to complete a medical exam through an approved doctor and bring the results to the interview.
   
   The consulate or embassy will provide instructions on when, where, and how to complete the medical exam. The specifics of what needs to be brought to the interview can vary depending on the consulate/embassy, so be sure to become familiar with the specific requirements of the office conducting the interview.

 
Note: Processing times can vary greatly depending on which Embassy or Consulate is processing the application.

6. Complete Interview: The foreign national will attend a consular interview at the US consulate or embassy in their home country OR in the country where they currently hold residence. During the interview, a consular officer will review the foreign national’s application documentation and ask questions to determine the validity of the relationship and the eligibility for a green card.
   
7. Decision Issued: After the consular interview, the consular officer will make a decision on the green card application. If approved, the foreign national spouse will be instructed on how to pay the visa issuance fee and how to obtain the green card. If denied, the foreign national spouse will be notified in writing of the reasons for the denial. Here is what to expect going forward if your visa is approved:
   
   1. The consulate or embassy will place the visa inside your passport. Please verify the information contained both on the visa and on the letter stapled to the package to ensure that the information is correct. If not, please contact the embassy or consulate you are working with. A visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have the authority to grant or deny admission.
      
   2. If you receive a sealed packet with your passport, do not open the sealed visa packet. You must carry it unopened to an immigration officer at a port of entry with your passport and valid visa.
      
   3. If your visa has the annotation “IV Docs in CCD,” you will not receive a sealed packet.
      
8. Pay Immigration Fee: Once the immigrant Visa has been granted, the applicant should pay a $220 Immigrant Fee BEFORE entering the US. This fee can also be paid after entering the US but can delay the speed at which the green card is issued.

Note: Government fees are subject to change.

9. Enter the United States: When entering, give the CBP officer the sealed Visa Packet (if available). CBP will inspect and admit you. If admitted, you will have Legal Permanent Resident status. You must arrive in and apply for admission to the United States by the visa expiration date printed on your visa. An immigrant visa is usually valid for up to six months from the date of issuance unless your medical examination expires sooner, which may make your visa valid for less than six months.
   
10. Receive Green Card in Mail: Green card will be sent in the mail as long as you have paid your immigrant fee. It usually takes several months for DHS to process and send the legal permanent resident card to you. In the meantime, the passport stamp permits employment and travel until the card arrives.

Refer to the NVC website for more information on what happens after the interview for those seeking an immigrant visa through the consular process. 

K-1 Fiance Visa Steps

The K-1 fiancé(e) visa is a nonimmigrant visa that allows a foreign national fiancé(e) of a US citizen to enter the United States for the purpose of getting married. Here are the general steps in the K-1 fiancé(e) visa process:

1. File Form I-129F: The US citizen sponsor must file a Form I-129F, Petition for Alien Fiancé(e), with the US Citizenship and Immigration Services (USCIS). On average, it can take anywhere from 8-12 months for USCIS to process the I-129F, though the wait can be longer or shorter at times. Processing times depend on the number of applications that USCIS has at any given time and their capacity to review them.
   

2. USCIS Review: USCIS will review Form I-129F and, if approved, will send the approved petition to the National Visa Center (NVC) for processing. The NVC will provide an application number and send the petition to the US Embassy or Consulate where the fiancé(e) lives. It can take about 1-2 months for USCIS to transfer the petition to the NVC.
   
   The NVC will send a Welcome Letter by e-mail or physical mail. With the information in this letter, applicants can log in to the NVC Consular Electronic Application Center (CEAC) to check their status, receive messages, and manage their application.  

3. NVC Processing: The NVC will review the approved I-129F and, once all necessary documentation has been received, will forward the application to the US consulate or embassy in the foreign national fiancé(e)’s home country. 

4. NVC Forms: Next, the sponsored fiancé must complete the State Department’s online DS-160 Online Nonimmigrant Visa Application and the I-134 Affidavit of Support may be requested.

5. Interview Preparation: The embassy will reach out to the applicant with the scheduled interview time, location, etc. AND instructions on how to complete a medical exam. The foreign national fiancé(e) will be required to attend a consular interview and will need to prepare for the interview by gathering all necessary documents and information, such as a valid passport, police certificates, and evidence of the bona fide nature of the relationship.
   
   1. The US Embassy or Consulate will provide instructions regarding medical examinations, including information on authorized panel physicians. See Medical Examination for more information.

6. Consular Interview: The foreign national fiancé(e) will attend a consular interview at the US consulate or embassy in their home country (or country of current legal residency). During the interview, a consular officer will review the foreign national’s application and ask questions to determine the validity of the relationship and the eligibility for a K-1 visa.

7. Decision Issued: After the consular interview, the consular officer will make a decision on the K-1 visa application. If approved, the foreign national fiancé(e) will be instructed on how to pay the visa issuance fee and how to obtain the visa. If denied, the foreign national fiancé(e) will be notified in writing of the reasons for the denial. 

Here is what to expect going forward if your visa is approved:

1. If you are issued a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the US Embassy or Consulate.
2. With your visa, you can apply for a single admission at a US port-of-entry during the validity of the visa, which will be a maximum of 6 months from the date of issuance.
   
3. Enter the United States: Upon arrival in the US, the foreign national fiancé(e) must marry the US citizen fiancé(e) within 90 days of entering the country.
   
   Please be aware that K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. However, if married after the 90-day period, the couple may file a Form I-130, Petition for Alien Relative. 

9. Application for Permanent Residency: After the marriage, the foreign national spouse needs to apply for permanent residency by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. 

Conclusion

The consular process is a key part of the journey for those who are eligible and wish to come to the United States. The process includes several important steps, like filling out a visa application, having a consular interview, and getting your visa. Depending on the type of visa you’re applying for, and your personal circumstances, the steps involved may vary. But don’t worry; the consular process is designed to make sure you’re eligible for a US visa and that your time in the US follows all immigration laws. With the help of helpful organizations like SimpleCitizen, the consular process can be a breeze!

Planning to apply for a K-1 visa to bring your fiancé to the United States through the consular process? Consider using SimpleCitizen to help you prepare your application. 

Already have a K-1 visa and now looking to file a green card application? We can help with that too! Learn more about our package offerings here!