Consular Processing

Basics of consular processing
(with a waiver of unlawful presence)

Required Forms

Step 1:

I-130

I-130A

Step 2: 

(if immigrant needs a waiver of unlawful presence);

I-601A

Step 3:

DS-260

I-864

Required initial evidence

Step 1 – Petition (I-130 and I-130A):

  • Proof of petitioner’s United States citizenship or residence;
    • United States birth or naturalization certificate;
    • Front and back of permanent resident card;
  • Immigrant’s relationship to petitioner:
    • Child/Parent: Birth and marriage certificates;
    • Spouse: Proof of valid marriage;
    • Birth certificates of children;
    • Cohabitation and financial commingling;

 

Step 2 – Waiver (I-601A) (skip if immigrant not in the United States):

  • Proof of relationship to QUALIFYING RELATIVE;
    • Spouse or parent only (NOT CHILDREN);
    • Birth or marriage certificate;
    • Proof of citizenship or residence (birth cert/green card);
  • Proof of Extreme Hardship to QR:
  • Emotionally, physically, or financially;
  • In the event of either separation or relocation from QR;
    • Highly recommended therapist for psych evaluation:
    • Caren Ex: See information in this section;

 

Step 3 – Visa application (DS-260) and Affidavit of Support (I-864):

  • Pay immigrant fees and complete visa application;
  • Pay electronically at ceac.state.gov;
  • Submit supporting vital and financial documents;
    • Birth, marriage, and divorce certificates, passport, etc.;
    • Petitioner’s tax returns and proof of employment;
    • Use additional forms and evidence for joint sponsor;
  • PREPARE FOR VISA INTERVIEW (government will send an email with the date about 4-6 weeks in advance);
    • Make a full copy of everything submitted for this step and bring it to interview and medical exam (see sample consular process packet for Mexico);
  • ATTEND VISA INTERVIEW
  • Enter or re-enter the United States as a resident

Intake forms and successful case example

Please use these biographical information forms and an example of a successful application to help you properly file your case. Make sure to use the most recent version of the forms by clicking on the Required Forms links above.