1. The Immigrant Visa Number and Priority Date

For the alien spouse, once the Form I-130 petition is approved, you must wait for an immigrant visa number. If you married a U.S. permanent resident, the you will be placed in category F2A of the family visa category as a spouse of U.S. permanent resident, and you may have to wait several years for the F2A Priority Date to become "current", depending on the number of people from your home country also waiting for immigrant visas in the category of U.S. permanent resident's spouse and children.

U.S. immigration law limits the number of immigrant visas that are available every year. This means that even if the USCIS approves an immigrant visa petition for an alien spouse, the alien spouse may not get an immigrant visa number immediately. In some cases, several years could pass between the time USCIS approves an immigrant visa petition and the U.S. Department of State gives the alien an immigrant visa number. In addition, U.S. immigration law also limits the number of immigrant visas available by country. This means an alien may have to wait longer if the alien comes from a country with a high demand for U.S. immigrant visas. If the number of applicants exceeds the number of visas available under a particular category, that category is considered oversubscribed.

The "Priority Date" is the date that the U.S. permanent resident file the immigrant petition of Form I-130 on behalf of the alien spouse. If you have already filed an immigrant petition, you can find the "Priority Date" on the top, left-hand corner of the Form I-797 Receipt Notice or Approval Notice you received after your filed Form I-130 with USCIS. In the case of an employer-sponsored petition, the priority date is the date the Labor Certification was filed with the Department of Labor. The State Department Visa Bulletin is a monthly publication that gives the changes in visa availability for priority dates. 

2. An Immigrant Visa Number Is Available If the Priority Date Is Current  

If a Priority Date is "current", it means that there is a "visa slot" available for your spouse. U.S. immigration law limits the number of people who enter the U.S. as lawful permanent residents (Green Card holders) on the basis of sponsorship by a U.S. citizen or U.S. permanent resident. Specifically, the U.S. has 114,200 "visa slots" per year reserved for individuals who are immigrating as the spouses and unmarried children (regardless of age) of U.S. permanent residents, plus unused visas from the First Preference. Each year, the number of approved immigrant petitions may exceed the number of "visa slots." Because of this, a backlog has occurred.

The U.S. Department of State processes visa applicants on a "first-come, first-serve" basis, which is determined by when the immigrant petition was filed. The Department of State allows visa applicants whose immigrant petitions were filed earliest to fill all the available slots. For this reason, it is important to file the immigrant petition as soon as possible.

The Department of State publishes a monthly Visa Bulletin that tells applicants when their Priority Date is current. You can check if the Priority Date is current by comparing the Priority Date that appears on the left-hand corner of the I-797 Approval Notice for the I-130 Immigrant Petition with the date that is published in the Department of State’s monthly Visa Bulletin. You spouse can figure out what the current Priority Date is by looking at the row marked "F2A" and the column that indicates his or her country of nationality. If the Priority Date on the I-797 Approval Notice is the same as or earlier than the date that appears in the cell reserved for applicants from your spouse’s country in the "F2A" Family preference category, then a visa number is available and your spouse can proceed with the "Green Card" application.

The U.S. permanent resident can file for a spouse under the 2nd family preference category, and it will take years of time. Numbers of available visas in the preference categories are limited. This waiting time cannot be speeded up. It it really a question of supply and demand. And as you can see from the Visa Bulletin waiting times, demand is a lot higher than the supply. It depends entirely on what country the person is from. 

3. The Requirement of Form I-130 Supporting Documents and Medical Examination

All applicants must submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents. The consular officer will inform visa applicants of the documents needed as their applications are processed. Also, all applicants need to submit an Affidavit of Support (USCIS Form I-864) if your adjustment of status application is based a relative visa petition (USCIS Form I-130) filed by your relative.

U.S. immigration law requires immigrant visa applicants to obtain certain vaccinations prior to the issuance of immigrant visas. In preparing for your interview, you will need to schedule and complete your medical examination and any required vaccinations before your visa 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.

The costs for such examinations must be borne by the applicant, in addition to the visa fees. The cost of each immigrant visa application processing fee (per person) will change from time to time. Fees must be paid for each intending immigrant regardless of age, and are not refundable. Local currency equivalents are acceptable. Fees should not be sent to the consular office unless requested specifically. 

4. The Requirement of Immigrant Visa Interview

Once the National Visa Center determines that the files are complete with all the required documents, they will schedule the applicant’s interview appointment. NVC then sends the files, containing the applicant’s petition and the documents, to the U.S. Embassy or Consulate where the alien applicant will be interviewed for an immigrant visa. 

The applicant will receive appointment emails or letters, 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, digital fingerprint scans will be taken. Generally, applicants will receive their original civil documents and original translations back at the time of interview.

If the beneficiary misses the interview appointment, the Immigrant Visa Unit will reschedule the interview appointment, generally one or two months from the date when the new appointment is requested. The beneficiary will be notified by mail for the new date.