Consular Processing

If you are already married to a US citizen, but you are currently outside the U.S., you can apply for an Immigrant visa at a US embassy in the country where you are residing or domiciled now.

Procedure for visa application at an US embassy abroad (Consular Processing)

consular processing
Step 1) A Petitioner: an U.S Citizen spouse / Relative
Your US citizen spouse must file an Immigration Petition for you with United State Citizenship and Immigration Services in the U.S. Once it is approved, your case will be transferred to National Visa Center and eventually to the US embassy in the country where you are residing or domiciled.
Step 2) National Visa Center
Once USCIS approves the Immigration Petition filed on behalf of you, they transfer your files to the National Visa Center for the next step. You should submit DS260 to National Visa Center and other supporting documents such as your passport, birth certificate, affidavit of financial support, police certificate and others requested.
Step 3) Interview at an US embassy – Beneficiaries/Visa applicants
When your DS260 application is completed, National Visa Center send you a notification for interview at US embassy in the country where you indicated on your application to reside. The notification includes the interview date, time and location. Once you received the notification, you must register your visa interview online with the specific US embassy.
Your should bring Copy of your DS 260 Submit Confirmation Sheet, Interview Notification mail (or e-mail), medical examination result, and other documents specified to bring with you in the notification. If you successfully complete the interview, they will issue you an Immigrant Visa. The visa usually is valid for six months from the date of interview.
If your visa is refused, please refer to Inadmissibility and Waiver.

Visa Interview and Refusal of Visa

After interview for immigrant visa or K visas and your application for the visas were refused for reasons, you will be given a Notice of Rejection by the interviewing consular officer. The notice explains why your application was refused and how to further proceed with the application.
Inadmissibility under Immigration and Naturalization Act
Code Reason for Refusal
INA §221(g) Did not fully complete the visa application and/or provide all required supporting documents
INA §214(b) Did not establish eligibility for the visa category being applied for or overcoming the presumption of being an intending immigrant
INA § 212(a)(2)(A)(i)(I)

Was convicted of a crime involving moral turpitude;

  • A crime involving moral turpitude (other than purely political offense).
  • A controlled substance violation according to the laws and regulations of any country related to a single offense of simple possession of 30 grams or less of marijuana.
  • Two or more convictions, other than purely political ones, for which you received sentences of confinement amounting to 5 years or more.
  • Prostitution, including having procured others for prostitution or having received the proceeds of prostitution.
  • Unlawful commercialized vice whether or not related to prostitution.
  • Serious criminal activity but you asserted immunity from prosecution.
INA § 212(a)(2)(A)(i)(II)

Was convicted of a drug violation

No waiver is available expect for possession of 30g of Marijuana for own use.

INA § 212(a)(2)(B) Has two or more criminal convictions for which the total sentence of confinement was 5 years or more
INA §212(a)(4) Did not provide an adequate affidavit of support when one was required; therefore denied under public charge
INA §212(a)(6)(C)(i) Misrepresented a material fact or committed fraud to attempt to receive a visa
INA §212(a)(9)(B)(i) Previously remained longer than authorized in the United States

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