Immigrant Visa Application, Form
I-485 Adjustment, and a Suspect Marriage

1. The Process at the National Visa Center after Form I-130 Approval

After USCIS approves the Form I-130 petition, it is sent to the National Visa Center (NVC). Once received, the NVC will assign a case number for the petition. When an applicant’s priority date meets the most recent qualifying date, the NVC will send the Choice of Address and Agent, Form DS-3032 to the applicant. (If you have an attorney, the NVC will not send you the Choice of Address and Agent, Form DS-3032.) 

NVC will begin processing the applicant’s case by contacting the applicant and petitioner with instructions for submitting the appropriate fees. After the appropriate fees have been paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC, including the Affidavit of Support, application forms, civil documents, and more. 

To pay fees to the National Visa Center, you should follow the fee payment instructions on NVC's Immigrant Visa Processing web page (http://travel.state.gov/visa/immigrants/nvc/nvc_1335.html) when paying the Affidavit of Support and immigrant visa processing fees. Do not pay either fee until the NVC informs you to do so. Do not send payments to NVC’s address in Portsmouth, New Hampshire. 

Although USCIS does not charge a fee for Form I-864 - Affidavit of Support, the Department of State does charge a fee when the Affidavit of Support is reviewed domestically. This does not apply when the Affidavit of Support is filed abroad.

2. The Immigrant Visa Application at U.S. Embassy or Consulate

If a U.S. citizen marries an alien abroad, an I-130 petition must be filed after the marriage to begin the immigration process for the alien husband or wife. This can be filed with the U.S. Citizenship and Immigration Services in the United States.

The Immigrant Visa Unit at U.S. embassy or consulate will process the application for an immigrant visa. While no assurance can be given regarding the appointment date of the visa interview, the alien spouse should prepare for that appointment and obtain the documents required for the visa application. As a U.S. citizen, you should also be prepared to prove that you meet the income requirement of a sponsor. When your spouse has been scheduled for an immigrant visa interview with a consular officer overseas, or when your spouse is about to submit an application for adjustment to permanent resident (Form I-485), you will need to complete an I-864 Affidavit of Support.

In general, the following documents are required:

1) Passport valid for six months beyond the intended date of entry into the U.S.;
2) Affidavit of Support (I-864, I-864 EZ or I-864W, as appropriate) from the petitioner/U.S. sponsor.;
3) Application for Immigrant Visa and Alien Registration, Form DS-230, both Part I and Part II;
4) Two recent photographs.
5) Civil Documents for the applicant (such as birth and marriage certificates). 
6) Completed Medical Examination Forms.

The applicant must submit specific information about documentation requirements, including information on which documents may need to be translated. The consular officer may ask for more information. Take clear, legible photocopies of civil documents, such as birth and marriage certificates, and any required translations to the immigrant visa interview. Original documents can then be returned to you. The medical examination forms are provided by the panel physician after you have successfully completed your medical examination and vaccinations.

3. The Immigrant visa Interview, and the Medical Examination and Vaccination Requirements

Once the NVC determines the file is complete with all the required documents, they schedule the applicant’s interview appointment. NVC then sends the file, containing the applicant’s petition and the documents to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa. The applicant, petitioner, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address if available), containing the date and time of the applicant's visa interview along with instructions, including guidance for obtaining a medical examination. 

Applicants should bring their valid passports, as well as any other documentation not already provided to NVC, to their visa interviews. During the interview process, ink-free, digital fingerprint scans will be taken. Applicants will receive their original civil documents and original translations back at the time of interview.

As an alien spouse in preparing for interview, she or he will need to schedule and complete an medical examination and any required vaccinations before the interview. Before an immigrant visa can be issued, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. Applicants are provided instructions by NVC regarding medical examinations, including information on authorized panel physicians. U.S. immigration law requires immigrant visa applicants to obtain certain vaccinations prior to the issuance of immigrant visas.

4. The Form I-485 Adjustment of Status for a Spouse

Adjustment of Status (AOS) refers to the procedure that allows foreign nationals already in the U.S., who are eligible to receive an immigrant visa and for whom immigrant visa number is immediately available, to apply for immigrant status with the U.S. Citizenship and Immigration Services (USCIS). Adjustment of status within the U.S. is available for immediate relatives of spouses or parents of U.S. citizens provided the alien entered with a visa, even though the alien’s authorized stay has expired.

The Form I-485 adjustment of status application is for an applicant who is in U.S. already on a non-immigrant visa. If the eligibility of your I-485 application is based on an immigrant petition, you need to attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you. If your eligibility is based on the Form I-130 approval, you need to attach a copy of the Form I-130 approval notice. The medical examination, endorsed by a civil medical doctor on Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, is a necessary part of the Green Card application process.

 If your spouse is currently inside the United States, then your spouse may be eligible to file Form I-130 and Form I-485 concurrently.

5. A Suspect Marriage and Investigation of USCIS

The USCIS has the discretion to suspect and then accordingly to investigate a marriage that may bring immigration benefits to the aliens. If the USCIS has reasons to suspect that the marriage is a "sham marriage", the USCIS officers have the authority to investigate. Usually, the USCIS officers may visit the suspect couple at their residence, or visit their neighbors to investigate whether they reside together, share a household, or own property jointly, etc. 

Also, the USCIS officers may arrange interviews with the couple at their residence or at USCIS offices. In the interview, the USCIS officers may ask private questions regarding all aspects of their marital relationship, such as the brand of the other spouse's underwear or the favorite food, except those which are too offensively intrusive.


 

 

 


Greencardfamily.com - For Your Family-based Immigration Applications

© Family Green Card Service
www.greencardfamily.com