What is the Form I-130?

Form I-130 is used by a U.S. citizen or lawful permanent resident (LPR) to apply for permanent residency for a qualifying relative who wishes to come and live in the United States permanently and get a Permanent Resident Card (also called a Green Card). Filing Form I-130 is the first step in helping a relative apply to immigrate to the United States and get Green Card. The filing or approval of this petition does not immediately give the relative any immigration status or benefit.

The U.S. Citizenship and Immigration Services (USCIS) will generally approve your Form I-130 if you can establish a relationship between you and your relative that qualifies them to immigrate to the United States. Generally, once the petition is approved, your relative may apply to become an LPR. This is the second step in the process. Certain relatives must wait until a visa number is available before they can apply. If your relative qualifies as an immediate relative, an immigrant visa always is available and may even file the green card application at the same time as the I-130, if they are currently in the United States.

After the USCIS approves your I-130 petition, it will send the approval to the National Visa Center (NVC). NVC's role is to ensure you are prepared for your immigrant visa interview at a U.S. Embassy/Consulate General, and to schedule your interview appointment. It is responsible for collecting any applicable fees, the Immigrant Visa Application, supporting civil documents, police certificate(s), Affidavits of Support, and financial documents needed for the interview at a consulate/embassy abroad.

What is the National Visa Center (NVC) Process?

Below is a summary of the NVC Process:

1. Sign onto your CEAC account. You will receive correspondence from the NVC directing you to log on to the Department of State's Consular Electronic Application Center (CEAC) at https://ceac.state.gov/IV where you can check your case status, pay any necessary fees, upload and submit documents, and read messages from NVC.

2. Pay Fees. You may pay for the Immigrant Visa Application Fee (IV Fee) of $325 and the Affidavit of Support Fee of $120 on your CEAC account. Currently, you cannot pay these two fees at the same time; the online system will ask you to pay them one at a time. Fees may increase and in the future, you may be able to pay for these simultaneously.

3. Submit Affidavit of Support. An Affidavit of Support, also called the Form I-864, is a document the petitioner signs to accept financial responsibility for their relative who is coming to live in the United States. The person who signs the Affidavit of Support is also called the “sponsor.” If the petitioner’s income is below the minimum annual income amount for their household size, a joint-sponsor may agree to also complete an I-864 on the applicant’s behalf. For example, John, a U.S. citizen petitions for his wife, Jane, who lives abroad. John works part-time and makes $20,000 a year. Since his income is below the threshold amount of $21,550 for a family of two (Jane and him), he needs a joint-sponsor who will agree to submit a form I-864 and meets the income requirements. By signing form I-864, this joint-sponsor is agreeing to use their resources, if necessary, to financially support the beneficiary and any dependent(s). They are also agreeing to reimburse the government if the applicant uses any government benefits. This responsibility lasts until the applicant becomes a U.S. citizen.

4. Submit Financial Documentation. The NVC will request financial documentation from the petitioner and any joint-sponsors including: tax transcripts, evidence of current income, proof of assets, and proof of U.S. status/identification.

5. Complete the Immigrant Visa Application Form, DS-260. The beneficiary and each qualified family member immigrating must complete the Application for Immigrant Visa and Alien Registration (Form DS-260). After completing the online form, you must print the confirmation page and bring it to your interview. You can print this from your CEAC account at any time after you complete your DS-260 application. Here is a sample DS-260 to give you an idea of the information needed for the application.

6. Collect, Scan and Upload your Civil Documents. You will need to gather civil documents such as birth/adoption certificates, marriage/divorce certificates, copy of the beneficiary’s passport biographic page, as well as court/prison/military service records, if applicable. If you are 16 years of age or older, you must obtain a photocopy of a police certificate from all countries you have lived in or where you may have an arrest record. Generally, police certificates expire in a year and if your police certificate has expired at the time of the interview, you will be required to bring a new one. Documents in a language other than English must be accompanied by certified translations. The translation must include a statement signed by the translator stating that: (1) the translation is accurate, and (2) the translator is competent to translate. The translation does not need to be by a professional company and may be by any third-party.

7. Prepare for your Interview. After NVC completes the review of your documentation, they will send you, your petitioner, and your agent/attorney (if you have one) an email noting the consulate interview appointment date and time.  Each consulate has different requirements, so check their requirements to make sure that you have everything you need for the interview. If you fail to bring the required documents, the consular officer will not be able to complete the processing of your visa and may necessitate another interview appointment and delay visa issuance.

8. Schedule and Complete your Medical Examination. Schedule a medical appointment with an authorized physician (called a "Panel Physician”) in the country where you will be interviewed. Exams conducted by other physicians will not be accepted. You must complete your medical examination, along with any required vaccinations, before your scheduled visa interview date.  Click here to find out the country-specific medical examination instructions. After your exam, the Panel Physician will either send the exam results directly to the embassy or give you a sealed envelope. If the doctor gives you an envelope, do not open it. Instead, bring it to your visa interview and give it to the consular officer.

How long does it take for my case to be transferred to the NVC?

The U.S. Citizenship and Immigration Services (USCIS) has recently made a pledge in March 2022 to speed up its processing times for cases that it adjudicates, and we have begun to see in August 2022 that some, but not all, cases are beginning to be adjudicated more swiftly. So, it is a good idea to plan ahead and be prepared to wait. You can get an approximate idea of what the NVC timeline is on their website.

The first timeframe is the Case Creation Time. This is how long it is currently taking the NVC to create a file after USCIS transfers the approved petition. As of 14-Aug-23, the NVC is working on cases received from USCIS on 11-Jul-23.

How long does it take for the NVC to review my documents?

This is determined by the posted Case Review Time. As mentioned above, you will need to upload the required documents (affidavit of support, financial documents, applicant’s DS-260 and civil documents) to the NVC portal. If there are any problems with the documents uploaded, you will receive a message from the NVC asking you to correct those errors. If everything is adequate, the NVC will send you a message stating you are “Documentarily Qualified.” This means that the NVC has all of the documents it needs to send to the U.S. Consulate to schedule your interview. As of 14-Aug-23, NVC is reviewing documents submitted through the portal on 2-Aug-23.

I have submitted all my documents but I still haven’t heard from the NVC. What can I do?

If you have already submitted your documents and your case is beyond the case review time posted on the NVC website, you may send a public inquiry to follow up on your application. As of 14-Aug-23, NVC is responding to inquiries received on 8-Aug-23.

How long does it take before I get scheduled for an interview?

This depends on your visa category and the caseload at the Consulate where you will be obtaining your visa. It can take months to a couple of years as there have been pandemic related backlogs in addition to already existing delays. In short, be prepared to wait as the process is not a quick one and it can take years for your loved ones to be able to move to the United States.

Attend the Consular Interview

When the Consulate is ready to see you for the interview, you will receive an interview Appointment Letter which contains important information about the interview including what to bring:

• Appointment Letter . The interview appointment letter you received from NVC.

• Passport. For each applicant, an unexpired passport valid for six months beyond the intended date of entry into the United States

• Photographs. Two identical color photograph(s) for each applicant, which must meet the general Photograph Requirements.

• DS-260 Confirmation Page

• Supporting Documents . Original or certified copies of all civil documents you uploaded into CEAC and anything else specifically listed on your appointment notice.

If you cannot appear at your scheduled interview, contact the U.S. Embassy or Consulate as soon as possible.  If you do not contact the U.S. Embassy or Consulate within one year of receiving your interview appointment letter, your case may be terminated and your immigrant visa petition cancelled, and any fees paid will not be refunded.

What happens after the interview?

If your visa is approved, you will be informed how and when your passport containing your immigrant visa will be returned to you. After you receive your passport with your visa, you may pay the USCIS Immigrant Fee before you depart for the United States. USCIS will not issue a Permanent Resident Card (Form I-551 or Green Card) until you have paid the fee. You must arrive in and apply for admission to the United States no later than the visa expiration date printed on your visa.

If you have any questions or concerns about your immigrant visa application, please contact us. We are here to help. Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news.

UPDATED, August 18, 2023.

Torregoza Legal PLLC is the law firm for immigrants, by immigrants. We are founded on the motto of LegalEase: we do away with the legal jargon and make law easy to understand, so you can focus on what’s important to you – going for your American Dream.
Contact us at (888) 445-7066 or info@legalease.us. We are also on social media and on Skype: @LegalEaseUS. || www.LegalEase.us
This website and blog constitute attorney advertising. Do not consider anything on this website or blog legal advice as the law is dynamic, particularly in the immigration field and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.