US visa application for spouse

Posted on by sford

Background

Applying for my wife’s US visa to immigrate to the USA has been a long, difficult, and frustrating experience.  I write this post in the hopes of helping someone in similar shoes.

I met my wife during my Peace Corps in El Salvador. We got married in El Salvador. After my service was done, I knew moving straight to the USA would be difficult; both for my wife to adapt to an entirely different culture, and for us to absorb the significant financial cost after living the humble Peace Corps life.

As a compromise of moving and dealing with our financial issues, we moved in with my parents in Costa Rica, where we spent 3 years. After 2 years of adapting and enjoying our lives in Costa Rica, we started the process of applying for my wife’s visa.

My Case

The following information regards the Petition for an Alien Relative, in my case, my spouse.

  • Applying for visa for spouse
  • Married in foreign country (El Salvador)
  • Resident and applying for visa from a second foreign country (Costa Rica)
  • Not enough money to support initially, so used Sponsor (Brother)

Information gathering

The visa process is all about providing information.Here is a quick list of forms you’ll need. Your list might vary depending on your situation.

  • Are you eligible to apply for family? (Passport, US Birth Certificate, FS-240 Original report of birth abroad)
  • Is your wife eligible? (Petition for Alien Relative, I-130, Spouse country police certificates, and other countries where have lived. Birth Certificate for spouse. Copy of marriage certificate.)
  • Will you be able to support your wife? (Affidavit of Support, Form I-864, Tax Returns for last 3 years)
  • Who will help you support your wife? (Contract between Sponsor and Household Member, Form I-864A)
  • Is your wife eligible? (Yes, again, different department. Immigrant Visa Electronic Application, DS-260)
  • Who represents you in the USA (Choice of Address and Agent, DS-3032)
  • Was your absence from USA temporary? (ie Peace Corps Service report)
  • Evidence of continued ties to the USA (absentee ballots, letter from employer with intent to return, US bank account statements, amazon orders to US home)

Process

Well before you think about applying, I recommend building your own guideline with estimated times and dates. This will allow you to gather documents ahead of time as necessary before when you actually want or need to submit forms.

The whole process kicks off by submitting your Form I-130 to USCIS, via either your current country of residency’s USCIS international office, if supported, or otherwise the USCIS Chicago Lockbox facility.

I-130 packet

This packet will kick off the process. You can find more information about this form here. It should include in this order:

  • I-130 Form
  • Proof of US citizenship:
    • US Birth Certificate, or FS-240 if you were born abroad
    • Unexpired US Passport
  • Proof of family relationship:
    • Copy of marriage certificate (Translated and certified if not in English)
  • Passport style color photo of each of you and spouse, within 30 days of petition (name with pencil on back)
  • Biographic information, Form G325A for each you and spouse
  • Evidence the bona fides of marriage:
    • Documents of joint ownership, lease showing common residence, documentation showing co-mingling of financial resources, birth certificates of children, affidavits of people with personal knowledge of marital relationship (with full name and address, date and place of birth of person making affidavit, relationship to petitioner, explanation and details of how person acquired knowledge of marriage)
  • Check for $420

My packet included

  • the I-130
  • a form G-1145 (to get verification via email)
  • El Salvadoran marriage certificate (we got this from her town while on a visit)
  • translation of marriage certificate
  • Photo copies of my passport
  • Photo copies of my wife’s passport
  • Photocopy of my FS-240 birth abroad
  • a passport-style picture of my wife with name in pencil on back
  • a passport-style picture of myself with name in pencil on back
  • affidavit from my mom’s friend who lived with us in Costa Rica and knew of our marital relationship
  • affidavit from my dad who went to my wedding and also lived with us
  • affidavit from a US citizen friend of the family who worked in the El Salvador embassy and had also attended our wedding
  • check for $420

After this, you will get notice that they’ve received the application. Once processed, and if nothing was incorrect or missing, they will send approval notice and send the application to NVC.

You will then get correspondence from NVC asking to pay the Affidavit of Support (AOS) of $88, which can be paid online at www.immigrantvisa.state.gov. Also, you will have to submit the Choice of Address and Agent form, DS-3032.

Upon payment, you’ll receive a AOS receipt, with instructions for filling the DS-260 online. You should also receive a Document Cover Sheet, which will be required to be included in another packet which will be the Affidavit of support.

This part can be a little confusing, since 2 processes are happening simultaneously:

  • You need to complete the DS-260 online. Upon completion, you’ll get instructions to send in some more information. This will be the DS-260 packet
  • You need to create another packet with information for the Affidavit of support, I-864.

Sometime while the other 2 processes are going on, you’ll get confirmation of your registration of address and agent. This will have instructions for paying $230 for Immigrant Visa Application Processing, online at www.immigrantvisas.gov.

Packet DS-260

This packet follows the filling online of the DS-260. You’ll get instructions in what it should contain, which include:

  • Required supporting civil documents
  • Photographs that meet Department of State’s visa requirements
  • Review information specific to US Embassy where interview will occur

My packet included, in this order, and with the case number clearly printed on top of every single sheet:

  • Cover sheet with contents of package
  • Bar-coded document cover sheet (received by email after submitting DS-260 online)
  • Copy of letter from NVC requesting form DS-260 and supporting civil documents
  • Copy of submission confirmation form DS-260
  • Original marriage certificate (we got this from her town while on a visit)
  • Original birth certificate for my wife (we got this from her town while on a visit)
  • Original birth certificate for me
  • Original FS-240 report of birth abroad for me
  • Two identical color photos of my wife
  • Two identical color photos of myself
  • Original police certificate for my wife’s home country (We got this from the Salvadoran embassy in Costa Rica)
  • Original police certificate for my wife from Costa Rica, our residence and where we were applying
  • Photocopy of the Biographic data page of passport for my wife
  • Photocopy of the Biographic data page of passport for myself

Packet I-864

This packet is the Affidavit of Support packet, showing how your spouse will be supported once in the USA. In my case, my brother vouched to help support if required.

The packet should include:

  • Proof of employment by organization abroad such as US Government, or proof of temporarily living abroad
  • Intentions to re-establish domicile in USA after getting immigrant status for spouse
  • SSN
  • Proof of citizenship
  • Information on sponsor’s household size
  • Sponsor’s income and employment (annual income, tax return information for sponsor for last 3 years)
  • Assets of yourself, and intending immigrant
  • Sponsor’s contact information

My packet included:

  • Bar-coded document cover sheet
  • DS-3032 Choice of Address and Agent
  • Form-I-864 Affidavit of Support
  • Form I-864A contract between sponsor and household member, with last 3 years of tax returns of sponsor (my brother)
  • Letter signed by myself of leaving USA for Peace Corps service, along with a letter from peace corps as proof of service
  • My federal income tax return for the previous year, along with letter from my employee of my wages for that year (no W2s in Costa Rica)
  • Letter explaining why I did not have to file taxes in 2011 (along with Costa Rican social security documents showing my salary for 2011)
  • Letter stating evidence of continued ties to USA and intent on return, signed by myself, along with:
    • Email correspondence for absentee ballot to vote for presidential election 2012
    • Letter from employer stating current job description, salary, and intent to return to USA
    • Statements from my US bank account for several months of last few years showing continued movement in my US bank account
    • Amazon invoice orders showing purchases sent to my ‘domicile’, my brother’s house

Finally, you’ll get notice of receipt of these. Eventually, you’ll get a call with interview date.

Interview

Now you’re getting close! Exciting! Here you will need to finish convincing them your marriage is real (easily done if the marriage truly is real)!! You should prepare all documents, as well as practice common questions, and discuss about the importance of being truthful (marriage is real, so no need to worry).

For this, you should have proof about your marriage being real, including affidavits, photos, certificates, and everything you can take from above. Also, your spouse will be required to get several medical exams done.

My packet I took to the US Embassy was:

  • Affidavit from father about legitimacy of our marriage (he was at our wedding, and we lived with him for 3 years)
  • Sealed medical results
  • Interview appointment letter
  • Marriage certificates and certified translations
  • Valid passports
  • Bank statements with how much money you have, showing you’re prepared for the move
  • Pictures showing legitimacy of marriage
  • Letters to each-other showing legitimacy of relationship
  • Second copies of everything
  • You’ll also have to pay a $350 fee

My Timeline

2012-10-08    Sent visa App to brother’s address
2012-10-18    Visa app arrived to brother’s address
2012-10-23    Brother sent visa stuff to chicago lock box (USPS 70121010000136431448)
2012-10-24    Visa stuff arrived at lockbox
2012-10-26    Confirmation from USCIS that received visa app
2012-10-29    USCIS withdraws the check for $420
2013-02-28    Approved case sent from Chicago USCIS to Department of State
2013-05-04    Paid $88 AOS Fee, got receipt, with instructions to complete DS-260
2013-06-26    Sent I864 Form
2013-07-29    Got notice from NVC that incorrect data in I864 Form.
2013-07-11    Got confirmation from NVC of registration of Address and Agent, and directions to pay $230 for Immigrant Visa Application
2013-07-31    Resent corrected I864 form with correct tax information to brother (Visa Household member)
2013-08-08    Brother sends form to NVC
2013-08-13    Go to El Salvador embassy in Costa Rica to request Solvencia de la PNC
2013-09-06    Get email from NVC asking to fill out DS-260, submit Civil Documents
2013-09-10    Fill out DS-260 online
2013-09-12    Go to US embassy to get official request for Costa Rica police record.
Go to OIJ Edificio Anexo A to request police record
Go to OIJ (to certify)
Request Costa Rica birth certificate via internet
2013-09-13    Picked up birth certificate
Took police certificate to casa amarilla to get certified
2013-09-18    Picked up certified police record
Sent package directly to NVC
2013-09-25    USPS.com indicates packet arrives to NVC
2013-10-07    Called NVC. Say got package on Sept 26th, take up to 30 days to process it (so long due to Shutdown?)
2013-10-17    Called NVC. Said still processing, give up to 30 days.
2013-10-24    Called NVC. Said application has been completed, since October 18th.  Said now wait for schedule interview, and email advising.2013-10-25    Receive email notification from NVC that “has received all documentation necessary to complete pre-processing”. Wait for interview.
2013-12-17    Interview at US embassy
2013-12-28    Flight to USA

Conclusion

This whole process is very confusing, long, expensive, and stressful. That is why it is all the more satisfying when you finish! I hope this has helped you. Please feel free to request further advice via comments, and to share this or help me improve it.

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