Part 2 of 3: American Residency and Citizenship Process

Part 2

Detailed Residency Process: A step by step account of the application and approval process as the spouse of an American citizen

I've broken down this extensive process into 3 phases to make it more easy to comprehend. Some web addresses and information included are specific to the Dominican Republic, but across the board, this process for applicants with our qualifications is the same. 

PHASE 1:

As an American citizen overseas, married to a foreign spouse, the very first step in obtaining a green card for the foreign spouse is to file a petition for an alien relative with the office of USCIS (United States Citizen and Immigration Services). They generally have an office within US embassies/consular services. 

Before starting all the following paperwork, make sure you know where your US embassy/consular section is located in the country you currently live and that you can file there. Edited at a later date to add: as of August 2020, most overseas USCIS offices closed (only 7 international USCIS offices remain open) and most embassies/consular services sections are no longer able to process immigrant visa applications, except under exceptional circumstances. Because of this, Step 1 may look differently for you than it did for us. I always try to come back and keep links updated to current information, but please keep in mind that this article documents our particular case process, and any information contained here is not guaranteed to be applicable to your case. 

I recommend reading through all the steps on HERE before beginning your journey. 

Notes: The American citizen is the petitioner and the foreign spouse is the beneficiary (alien relative) 

Documents and Forms:

1. Confirmation of Appointment date – schedule an appointment online at: https://my.uscis.gov/en/appointment/v2. where you can find your country specific embassy. (Edited for DR: most applications now need to be mailed to USCIS or submitted online. Follow this link for updated steps on where to start.)
2. Completed Petition Forms: I-130 (petitioner) and I-130A (beneficiary) found at: https://www.uscis.gov/i-130. 
3. Legalized Birth Certificates for both the petitioner and beneficiary (American birth certificates need to have the raised seal on them. Other countries have their own definition of legalized documents. In the DR, we had to go to a Junta Central in one of the large cities that was able to legalize our Dominican documents.)
4. When filing overseas (outside of the USA), proof of the petitioner’s residence in that country (such as: a residency card; a dated work letter or work contract [should be dated no less than 2 years prior to filing the petition]; vehicle or land title in the petitioner’s name; rental or phone contract in the petitioner’s name [should start no less than 2 years prior to filing the petition]. Should have several of the above documents if possible. Rose’s notes: I used a dated "work" contract from the organization I came to the DR with, current "work" letter from the organization I was serving with in 2017, and vehicle titles – all dated throughout a 2 year period. 
5. Proof of legitimate marriage (such as: marriage certificate; birth certificates of children; rental contracts with names and signatures of both the petitioner and beneficiary; pictures of the relationship; joint bank account statements; etc.)  Rose’s notes: We had already moved once after getting married, so we had two rental agreements in both of our names; we also both work for the same ministry, so Miguel and I each had a work letter from the organization that was useful as proof that we had a legitimate relationship; and I printed out 30-40 pictures of our relationship together from dating through our wedding and after and dated them with a short description on the back (it’s good to have pictures with other people in them as well). Some people have relatives and friends write affidavits on their behalf, testifying to the legitimacy of their marriage, when they don't have children together or legal documents that include both their names.
6. Translations of all non-English documents. Rose’s notes: We had to get his birth certificate, our marriage certificate, and the rental contracts translated. The vehicle titles were small enough to not bother with, but a phone contract would need to be translated as well. Things like our work letters were written up in English to avoid further translation costs. 
7. ID card of beneficiary (in the DR this is a cédula).  
8. Passports for both petitioner and beneficiary (with no less than 1 year until expiration). 
9. Copies of all the above (including every page of the passports). Rose’s notes: they will give back most of the original documents and keep the copies.
10. Cost of filing in 2017 was $535. It may have increased since then. Pay at the USCIS office. 

Note: A document needed for Phase 3 should currently be on your list to take care of but is NOT submitted in this phase: Affidavit of Support, form found at: https://www.uscis.gov/i-864. This affidavit is filled and signed by a financial sponsor to ensure the petitioner and beneficiary will be financially stable and not intending to rely on government assistance when residing in the US. 

The USCIS agents are very helpful and willing to answer any and all questions you have when submitting the petition. They do their best to explain the entire process after this initial petition. 

Be ready to answer personal questions about yourselves and each other. 

Approval for this petition can take up to 90 days but if all paperwork is in order, it goes much faster. If there is any paperwork missing or they require another document not listed above, they will let you know and be in communication with you via email. Rose's notes: ours only took 2 weeks to get approved because no further documentation was needed for our case.

Once you receive approval for the I-130 petition filed with USCIS, that application and all the paperwork that you submitted gets sent to the US Department of State. They will contact you to let you know that you are approved. The approval letter is sent via email to the email address listed on the petition, as well as snail mail to the US address listed on the petition. You are now ready for Phase 2. 

PHASE 2:

This phase is broken down into 3 Steps because there are several appointments that need to be made and kept during this phase. 

Note: Both the USCIS office and the Department of State are usually all located in the US embassy/consulate, but the Visa Application Center or National Visa Center (VAC/NVC referenced below) may be located at a separate location. 

Documents and Forms:

Step 1:

1. In accordance with the instructions on the approval letter received above, go to https://www.ustraveldocs.com/ and create a profile. This will be used to fill the following form and create the continuing appointments. 
2. Form to Complete Online: DS-260 Rose’s notes: Review every single detail of this form before submitting. Make sure to check YES for the last two questions (concerning filing for Social Security card and sharing information with other departments/agencies). On our form, for some reason, NO was checked and we thought we would have to file an additional form after entering the US, but Miguel’s SS card came within 10 days, so apparently it was taken care of after all, but it did give us a bit of worry and potential heahache.
3. Print confirmation of submitting DS-260
4. Create consulate appointment and print confirmation of appointment. Rose’s notes: even if there is no available appointment for several months, you can book your appointment, then check availability every day until closer dates open up and change your appointment accordingly. 
5. Create VAC or NVC appointment and print confirmation of appointment

Step 2:

1. Google the embassy of your country for information on visa applicant medical exam requirements (wording to use “medical centers approved by US embassy in your country”). Rose’s notes: the Dominican Republic has 2 authorized medical clinics found on their website: https://do.usembassy.gov/medical-examination-fee-immigrant-visa-applicants/. (We used the second one on that list.) 
2. If making an appointment for the medical clinic/doctor’s office is necessary, make sure that the appointment date is set before your VAC/NVC appointment date (usually it can be the same day if you're trying to save on trips) and is 10 days-3 weeks before your consulate appointment date. Rose’s notes: in the DR, making an appointment is not an option. The beneficiary must show up early morning at one of the 2 clinics to get in line before opening time (recommended to be there around 5:30-6 am). We made sure our VAC/NVC appointment time was for that afternoon so Miguel had all morning available for his medical exam before heading over to the VAC/NVC. The medical exam does not have to be done on the same day as the VAC/NVC appointment, but it does need to be done before. 
3. Documents beneficiary must take to medical appointment: Rose’s notes: make sure to read the requirements on the US embassy page of your country. Some may require additional ID/passport size photos, a background check, or misc. information that were not required in the DR for the medical appointment. 
• Printouts of VAC/NVC and consulate appointments and confirmation of submitting form DS-260 
• Passport 
• ID card (cédula)
• Vaccination record (if available) - to avoid needing to pay additional for required vaccinations
• Glasses and prescription (if applicable)
• Medical records (if available)
4. The medical center/doctor will make notations in the beneficiary’s passport and let you know when the medical exam packet is available for pick-up (usually 7-10 days). DO NOT open the packet. This is needed for your consulate appointment.
5. Pay the required fee. The exact amount can be found on the US embassy’s site for your country. (If vaccinations are required, those may be billed separately at the medical facility.) Rose’s notes: in the DR, in 2017, we paid $275 for the medical exam and an additional $142 for the required vaccinations since Miguel does not have prior vaccination records. 

Step 3:

1. Keep your VAC/NVC appointment 
2. Documents beneficiary must take: 
• Printouts of VAC/NVC and consulate appointments and confirmation of submitting DS-260 
• Passport (they will check the notations from the medical exam contained in the passport)
3. The VAC/NVC appointment is to take the beneficiary’s fingerprints and visa picture.
4. They will note confirmation of the appointment and additional information on the beneficiary’s passport that will be used by the consulate. 

The availability of the appointment with the VAC/NVC (and possibly the medical facility depending on the country) will be a determining factor for how long Part 2 takes. 

Sometimes they do not ask for all 3 of the appointment/confirmation documents, but it is necessary to have them in hand at each appointment in case asked for.

Keeping the consulate appointment is part of Phase 3.  

PHASE 3:

This is the final and easiest, but also most important, phase of the entire residency process. You are now ready to keep your consulate appointment which decides whether or not the beneficiary is approved for residency.  

By now, you should have 

• Found a sponsor to fill and sign the Affidavit of Support, form I-864, if necessary (this document was referenced above in Phase 1). The sponsor’s income level must be above the poverty level of the US. And s/he must not have so many beneficiaries (spouse/children) so as to bring that level below the poverty level. A sponsor is not needed only if the petitioner’s income level is above the poverty line. There can be multiple sponsors. Form found at: https://www.uscis.gov/i-864. 
• Obtained a background check (in your current country) no more than 3 months in advance for the beneficiary. 

All other documents needed you should already have in hand from Phase 1 and Phase 2. 

Make sure to get to the embassy/consulate an hour or two ahead of time so as to allow time for long lines. 

Documents and Forms:

1. Printouts of VAC/NVC and consulate appointments and completion of DS-260 
2. Two Completed Forms I-864 - one completed and signed by the petitioner, regardless of income level, and one completed and signed by the sponsor
3. Copies of tax income forms for the previous 3 years from both the petitioner and the sponsor and their accompanying W-2 or 1099 forms. Rose’s notes: if the petitioner does not have these forms due to low income, they will have you sign a paper during your interview along with a written explanation of why you do not have these. In such a case, a sponsor is especially necessary. 
4. Copies of the main/picture page of both passports (petitioner and sponsor)
5. Copies of both social security cards (petitioner and sponsor)
6. All original documents compiled in Part 1 that accompanied the original petition (form I-130). This specifically includes birth certificates and marriage certificate with their translations, passports, and ID card/cédula. Rose’s notes: in our case, Dominican legalized marriage and birth certificates cost only around $8 a piece, so they kept the originals along with their translations when we submitted form I-130. We took two more originals in to our appointment, but they never asked for more originals (nor translations) since they already had those on hand. They did, however, ask to see my original American birth certificate since they only had a copy on hand. 
7. Background check, in your current country, of the beneficiary. 
8. Packet from the medical exam. 
9. Payment in 2017 was $325. It may have increased since then. Pay at the embassy/consulate.

They usually review all the paperwork then send you to make the payment. After this, they give you a receipt and the paperwork to take in to your interview. The interview can consist of many personal questions or only a few confirmation details. 

If the visa is approved, they give you a slip that says as much and they tell you when to pick up your passport at the location indicated on the DS-260 form. They give you all the instructions you need and answer any additional questions you may have, including how long you have until you need to enter the US with your visa to make your residency official. 

Note: If the beneficiary and petitioner are married for less than 2 years, the beneficiary’s residency status is only good for two years (called conditional residency). In your visa packet, they give you instructions on how to update that status to permanent once the time comes (the rights are the same for conditional residency, during those 2 years, as for permanent residency). 

Usually the visa packet and beneficiary’s passport arrive within 10 days. After it arrives, DO NOT open the packet. This packet is to be presented at the border along with the passport to be stamped by the border control agent upon approval to enter. The agent will tell you that upon signing the visa, the beneficiary now has every legal right of a US resident and the signed/stamped visa serves every purpose of a green card until the card arrives. 

With the visa packet, you will find a sheet with your DOS case number and A number. These are needed to make the final online payment. This payment is called “USCIS Immigrant Fee” and is used to process the green card. In 2017 the cost was $220. You can pay it after entering the US, but it will delay the green card’s arrival. In accordance with the directions on the sheet, payment is made online at: https://www.uscis.gov/forms/filing-fees/uscis-immigrant-fee. It is possible that the embassy will ask you whether you want to pay that final fee upon approval after your interview but we were not offered that option. 

Upon admission to the US, make sure the address you listed as your residency is correct since this is where they will send all further communications (including social security card and green card). If you plan to move before those arrive, make sure you notify USCIS. All this information should be included in your visa packet. 

Be sure to keep ALL paperwork in a safe place. Do not throw away any documentation used. Much of it will be reused when filing for citizenship or filing any other immigration paperwork that may come up in life.

Read Part 3: Detailed Citizenship Process...