USA SPOUSAL VISA APPLICATION

TO-DO LIST

U.S. Spousal Visa (CR-1 or IR-1) for a Foreign national married to a U.S. citizen:


Phase 1: Preparing for the Petition (I-130 Form)

Step 1: Gather Required Documents for the U.S. Citizen (Petitioner)

  • Proof of U.S. Citizenship (Passport, Birth Certificate, Naturalization Certificate, or Consular Report of Birth Abroad)
  • Marriage Certificate (Official government-issued)
  • Divorce or Death Certificate (If previously married)
  • Proof of Bona Fide Marriage (Photos, joint bank accounts, lease agreements, messages, call logs, affidavits from family/friends)
  • Proof of Physical Presence in the U.S. (If residing abroad, proof of intent to reestablish residency)
  • Form I-864 (Affidavit of Support) Evidence (Tax returns, W-2s, pay stubs, proof of assets if necessary)

Step 2: Gather Required Documents for the Vietnamese Spouse (Beneficiary)

  • Vietnamese Passport (Valid for at least six months beyond intended U.S. entry)
  • Birth Certificate (Certified copy from Vietnam)
  • Police Clearance Certificate (From Vietnam and any other countries where the applicant lived for over 6 months after age 16)
  • Divorce or Death Certificate (If previously married)

Step 3: Complete and Submit Form I-130 (Petition for Alien Relative)

  • Complete Form I-130 on USCIS website or by mail
  • Pay Filing Fee ($535 – paid via check, money order, or online via credit card)
  • Submit Form I-130 and Supporting Documents to USCIS Lockbox or Online Portal

Phase 2: USCIS Processing & National Visa Center (NVC) Stage

Step 4: USCIS Review (Processing Time: 6-12 months)

  • Receive Receipt Notice (Form I-797) confirming petition acceptance
  • Respond to any USCIS Request for Evidence (RFE) if needed

Step 5: NVC Processing (After I-130 Approval)

  • Receive Case Number and Invoice ID from NVC
  • Pay NVC Fees (Visa Application Processing Fee $325 + Affidavit of Support Fee $120)
  • Submit Form DS-260 (Online Immigrant Visa Application) via CEAC Portal
  • Submit Financial & Civil Documents to NVC
    • Petitioner’s Form I-864 (Affidavit of Support)
    • Beneficiary’s Civil Documents (Passport, Birth Certificate, Police Clearance, Marriage Certificate, etc.)
  • NVC Completes Document Review & Schedules Interview

Phase 3: U.S. Embassy Interview & Visa Issuance

Step 4: USCIS Review (Processing Time: 6-12 months)

  • Receive Receipt Notice (Form I-797) confirming petition acceptance
  • Respond to any USCIS Request for Evidence (RFE) if needed

Step 5: NVC Processing (After I-130 Approval)

  • Receive Case Number and Invoice ID from NVC
  • Pay NVC Fees (Visa Application Processing Fee $325 + Affidavit of Support Fee $120)
  • Submit Form DS-260 (Online Immigrant Visa Application) via CEAC Portal
  • Submit Financial & Civil Documents to NVC
    • Petitioner’s Form I-864 (Affidavit of Support)
    • Beneficiary’s Civil Documents (Passport, Birth Certificate, Police Clearance, Marriage Certificate, etc.)
  • NVC Completes Document Review & Schedules Interview

Phase 3: U.S. Embassy Interview & Visa Issuance

Step 6: Prepare for Interview at U.S. Consulate in your country of residence

  • Schedule and Complete Medical Exam at an Embassy-approved clinic
  • Gather Interview Documents:
    • Original Civil Documents (Marriage Certificate, Birth Certificate, Police Clearance, Divorce Certificates, etc.)
    • Copy of DS-260 Confirmation Page
    • Medical Exam Results (Sealed)
    • Passport & Visa Photos (2×2 inches, per U.S. specifications)
    • Proof of Bona Fide Marriage (Updated Photos, Communications, Financial Proof, etc.)
    • Affidavit of Support (I-864) & Financial Documents from Sponsor

Step 7: Attend Visa Interview at the U.S. Consulate

  • Answer questions honestly about marriage and background
  • Provide any additional requested documents if necessary
  • Receive Decision (Approval, Administrative Processing, or Denial)

Phase 4: Post-Approval & U.S. Entry

Step 8: Receive Visa & Prepare for Travel

  • Pick up Visa & Sealed Immigration Packet from U.S. Embassy
  • Pay USCIS Immigrant Fee ($220) online before entering the U.S.
  • Book Travel & Enter the U.S. within Visa Validity Period
  • Provide Sealed Immigration Packet to CBP at U.S. Port of Entry
  • Receive CR-1/IR-1 Stamp & Entry Confirmation

Step 9: Receive Green Card & Apply for Social Security Number

  • Green Card arrives within 2-3 months after arrival
  • Apply for SSN if not automatically issued

Additional Notes:

  • CR-1 Visa: Conditional Residency (if marriage is less than 2 years old)
  • IR-1 Visa: Immediate Permanent Residency (if marriage is 2+ years old)
  • Remove Conditions (I-751 Form) for CR-1 Holders after 2 years

 

This step-by-step To-Do List ensures the U.S. Spousal Visa (CR-1/IR-1) process is handled smoothly and efficiently.