Normally, if a relative of a U.S. citizen is outside the U.S. they will need to go through Consular Processing to obtain and immigrant visa and come to the U.S. There are two groups of relatives — immediate relatives and other relatives. Spouses, children or parents of U.S. citizens are called immediate relatives. Immediate relatives generally go through the Consular processing immediately after their visa petition is approved. When I refer to children, I am referring to children of US citizens who were not born US citizens. Children who are born US citizens, of course, do not need to immigrate. Other relatives, such as siblings and adult children of U.S. citizens undergo the same immigrant process, but they usually have years to wait after the visa petition is filed and before they can start the Consular processing.
Consular processing is the process of obtaining an immigrant visa and entering the United States.
The immigration process is started when a U.S. citizen files a visa petition for his relative with the USCIS. Immediate relatives get preferred processing — their petitions are processed somewhat expeditiously — it might be two or three months — but it also might be eight months to a year. Right now it seems to be taking about five to seven months. Other relatives, because they have a long backlog, might not get their petitions approved for a couple of years or more (this is because there is no reason for the USCIS to hurry. Even if the USCIS would hurry, that would not allow them to come any sooner because the backlog is at the Consulate (which is part of the Department of State).
After the USCIS approves a visa petition it sends the petition packet information to the Department of State — to the National Visa Center (NVC). The NVC is in charge of gathering the documents. Currently, for most applicants, all the required documents — birth, marriage, and police certificates, and Affidavits of Support, among others — are uploaded to the NVC website. Also, visa and Affidavit of Support processing fees are paid to the NVC. The applicant will also need to fill out an on-line visa application. The NVC can be quite picky about the documents it accepts. I have had it repeatedly reject an acceptable document — I finally convinced it to accept the document, but we lost a substantial bit of time. Once the NVC gathers all the documents, it will put the applicant in the queue for an interview. Usually it takes two to four months to get to the interview from the time the Visa petition is approved. Unfortunately, it is taking much longer right now.
Once the Interview is finally scheduled, the applicant needs to get a medical examination from an approved doctor. You want to get it as close to the time of the interview as possible because you have to enter the US within 6 months of the date of the examination. The interview will be at the consulate. If you are the spouse of the US citizen, you should expect some questions about your relationship.
After the interview, presuming that the visa is approved, you will get your visa from the Consulate. You will then need to pay an on-line immigrant fee to the USCIS. Then you can enter the U.S. You must do it before the expiration date on your visa. Once you pass customs, you will receive lawful permanent resident status. Your green card should come in the mail within the next several weeks, but it could take months. Your stamped visa will serve as proof of your lawful permanent resident status until your green card comes in the mail.
I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consult an attorney if you think any of this may apply to your situation.
Gunnar Armstrong