Marriage green card outside the United States (consular processing)
If your spouse lives outside the United States, they normally get permanent residence through an immigrant visa. After the family petition, the case goes to the National Visa Center (NVC) and then to an interview at a U.S. consulate or embassy.
Are you a U.S. citizen or a permanent resident?
| The petitioner is | Category | Annual visa limit? |
|---|---|---|
| A U.S. citizen | Immediate relative (IR-1 or CR-1) | No |
| A permanent resident | F2A | Yes: you must wait until the priority date is current in the Visa Bulletin |
How it works
- Family petition. You file Form I-130 and include Form I-130A with your spouse’s information, along with proof of your status and that the marriage is legally valid and real.
- National Visa Center (NVC). USCIS normally sends the approved petition to the NVC. When the NVC says you can move forward, you pay the fees and submit the DS-260 visa application, the affidavit of support (I-864, unless an exemption applies), and civil documents. In F2A cases, preparation can begin before a visa is available to be issued.
- Medical exam and interview. When the interview is scheduled, your spouse follows the consulate’s instructions, has the medical exam with a doctor authorized by the consulate, and attends the interview.
- Visa and entry. If approved, your spouse receives an immigrant visa and becomes a permanent resident when admitted to the United States. The green card arrives later by mail.
- Conditional residence, if it applies. If you’ve been married less than two years when your spouse enters, the residence is conditional for two years, and your spouse must later apply to remove the conditions.
The petition, by itself, doesn’t give permission to travel to, live in, or work in the United States.
If your spouse is in the United States without status now
Leaving the country after accruing unlawful presence can trigger a three- or ten-year bar to admission. Being out of status and accruing unlawful presence aren’t always the same thing. In some cases a provisional unlawful presence waiver (I-601A) can be requested before leaving. It requires showing, among other things, extreme hardship to the applicant’s U.S. citizen or permanent resident spouse or parent. It only covers certain unlawful-presence bars. It doesn’t cure other grounds of inadmissibility or give status or a work permit. It doesn’t guarantee a visa or a return either. If this is the chosen strategy, it must be approved before leaving for the interview.
If your spouse was inspected and admitted, or received parole, they may be able to apply for a green card without leaving. The answer also depends on whether you’re a U.S. citizen or a permanent resident and on the other requirements: see adjustment of status. Your spouse shouldn’t leave the United States before these options are evaluated.
Cost
Basic government fees, in U.S. dollars, verified as of October 14, 2026:
| Step | Fee |
|---|---|
| I-130 | $675 on paper / $625 online |
| Immigrant visa application, per person | $325 |
| NVC affidavit of support review, when it applies | $120 per case |
| USCIS immigrant fee, per person, unless exempt | $235 |
| Example subtotal with an I-130 on paper | $1,355 |
With an I-130 filed online, the same example totals $1,305. These are subtotals for one spouse, with the charges shown. They don’t include the medical exam, whose cost varies by country, or translations, travel, waivers, or legal fees. Check the amounts at USCIS and the State Department.
Our fee: a flat representation fee. We give it to you at your consultation and in writing before we start. We offer payment plans.
Timing
The wait has several parts: review of the petition at USCIS, case preparation at the NVC, and interview availability at the consulate. If you’re a permanent resident, it also depends on the Visa Bulletin. After the interview, administrative processing can extend the process.
See USCIS processing times. There is no guaranteed total time.
Documents usually needed
- ✓ Marriage certificate and documents ending any prior marriage of either spouse.
- ✓ Proof that the marriage is real: communication, trips and visits, finances, photos, children together.
- ✓ Passports and birth certificates.
- ✓ Police certificates and other civil documents required by the NVC and the consulate, depending on age, countries of residence, history, and document availability.
- ✓ Form I-864 with tax returns and proof of income and of your U.S. domicile. A joint sponsor can help if your income isn’t enough, but you normally must also file your own I-864. The sponsor must be at least 18 and meet the U.S. domicile requirement. A joint sponsor doesn’t replace your domicile requirement. The I-864 creates legally enforceable financial obligations; there are exemptions in certain cases.
- ✓ Medical exam with a doctor authorized by the consulate.
What can complicate your case
- Prior entries to or exits from the United States, and unlawful presence accrued.
- Prior removal orders or visa denials.
- Criminal records or false information in earlier applications.
- Doubts about whether the marriage is genuine.
- Some of these factors may require a waiver or another process; not every ground has a waiver available. It’s best to identify and plan for this from the start, not halfway through.
- Entry or visa-issuance restrictions that apply to the case. Being the spouse of a U.S. citizen doesn’t create an automatic exception to every restriction.
Next step
Book a consultation with Visia to review your spouse’s history and choose between consular processing and adjustment of status before you file the petition.
General information, not legal advice. Reading this page alone does not create an attorney-client relationship. Every case requires an individual evaluation. Fees, policies, and processing times can change. Updated: October 15, 2026.