In this video, we're going to do an overview of the consular process
based on marriage to a US citizen, also known as a CR1, general overview how this process works,
and with specific references to what's happening right now during the whole
COVID-19 crisis, with all the delays, embassies are closed and all that. So, make sure you watch
the video to the end because we have some pretty cool updates. I’ll see you on the other side.
In this video, I'm going to go through the timeline of the consular process based on
marriage, also known as CR1. Many of you have been asking, understanding… specifically those that are
kind of starting the process right now or in the middle, they want to know where they're heading,
or what does it look like, the whole process from A to Z. So in this video, I'm going to
go through this process. And I'm going to put some specific references to what's happening right now,
specifically with these whole pandemic delays. So, we’ll mention that as well. But
the overall process is really important for you to understand, and I wanted to make this video
just for you. Before we dive into the video, if you're here for the first time, make sure that
you subscribe to our channel, click that bell to be notified, and also give the video a big like
because many of you are going through this process, and we will make sure that
as many people as possible are going to be able to see this video. My name is Jacob Sapochnik and I'm
an immigration attorney located here in San Diego, California. And we represent clients in all 50
states and before embassies and consulates around the world. And we're excited to make this video to
make it easier for you to understand the process of CR1, consular processing based on marriage. So,
let's jump right in. So, the consular processing, also known as CR1, is a pretty lengthy process,
especially now as we are in this pandemic. It's taking a really long time and people are
really frustrated being separated from their loved ones. So in this video, I just want to…
let’s go through all the phases of this process. So, you know where you are in this whole cycle
and you know what to expect next. So, first things first, the first step, when you file for a spouse
from overseas, you're trying to immigrate your spouse, the first step is what is called the
USCIS filing. We have to file the I-130, marriage petition, with USCIS. That's step number one.
That includes all the supporting documents and everything we need to include in this package but
without this step where the US citizen spouse has to file the marriage petition, I-130, with USCIS.
Once that's filed, typically, before the pandemic it took a couple of weeks to get a receipt. Right
now… and again, I've done quite a few videos about that… it's taking quite longer to get a receipt.
Some people are waiting even six weeks to get the initial receipt notice, also known
as Notice of Action. So again, don't worry if it's taking a bit longer. It's okay, but you're
going to get it. But that's the first step, USCIS filing, and getting that first receipt.
After you file, after the first step, after you file the I-130, which is the marriage petition,
you pay the correct fee, and you receive your first receipt notice, which again may take
about six weeks now with these pandemic delays. Step number two will be probably after eight
to even 12 months. With these current delays, you'll be getting either an approval of your
I-130, of the marriage petition, or a Request For Evidence, which they may ask for more information,
maybe proof, maybe some documents are not legible, or maybe some proof of the relationship. They can
ask for anything. Or a third option is a denial. Sometimes, they can deny the case flat out
if you didn't qualify from the beginning. Could be different reasons. But those are the three things
that can happen in this Notice of Action within eight months or so to a year after you receive the
first receipt. But assuming that everything goes well and you get approved, we can move to step
number three, which is the National Visa Center. The National Visa Center is a buffer agency
between the USCIS and the embassy. At that point, you will receive an email with instructions
to pay the fees, with some forms, and how to proceed forward with uploading the documents to
National Visa Center. It is really important to do everything correctly. Any mistakes in that process
can delay this even further. The NVC currently has everything processed online so it's very easy
to complete the DS-260, which is the main application form that you have to complete
with all the supporting documents. Make sure that all the birth certificates, are added correctly,
translated correctly, or uploaded correctly. We've seen so many delays at the NVC phase which
could have been avoided. So, make sure that it’s done correctly. Like I said, right now, the NVC
is fairly backlogged as well during the pandemic but they’re still processing cases.
So, as long as you do everything correctly during the NVC stage, it will make it much easier for you
down the line. Once everything is done with NVC, your case will be sent to a queue to the interview
pending [inaudible]. Again, at the NVC stage, once your spouse's background checks come clear,
everything looks good, the forms are good, then the Bureau of Consular Affairs will send the case
to the US Embassy. At that point, you do not have to do anything, they will send the case directly.
A few weeks after the embassy will receive the file from National Visa Center, they will send
the foreign spouse a letter stating specifically instructions or scheduling the medical exam,
and then instructions on scheduling the interview. Now, this is typically how it works on a normal
basis. But right now, during the pandemic, this is a stage that has been currently frozen. So,
the embassies are not able to schedule appointments unless it's an emergency
or specific reason for an expedited. So typically, right now, the embassies are holding those files,
pending the opening of the different posts. And I've done a video before
where I specifically went through some of these embassies that are currently already open,
and some that are not open. That's why it's really important to be in contact with the US Embassy
as soon as you're done with the NVC stage to make sure you'll be in touch with your embassy to see
when they're going to be reopening so you'll be able to follow up after you receive that letter to
be able to schedule your… after the embassy sends the foreign spouse the letter of instructions,
it is really important to schedule the medical exam and pay the fees. Every embassy has a
different procedure in every country but you’ll get the instructions in the package. And so, it's
important that as soon as you get it to schedule the medical exam, and get it done. And like I
said, some embassies are currently reopening so it is possible to continue the process. So,
make sure you check with your embassy as soon as you get the instructions. Make sure you do
it right away because it's going to be a lot of backlogs coming up in the next few months. The
next step is the interview. Assuming the embassy is open, and you're able to schedule an interview,
make sure you prepare for the interview, you have all the documents sent to you by NVC. Make sure
to look at the instructions if you need to bring any additional documents to the interview that
are not sent already because you'll get that information in your instruction letter. So,
make sure you follow that letter carefully and come prepared for the interview. At the interview,
the officer will ask… the US citizen does not have to appear for the interview. That is a
question that I get all the time. The US citizen does not have to appear to the interview. It’s
just for the foreign spouse. The spouse will be asked certain questions about the relationship,
about different documents that are included in the package. Make sure that you prepare for the
interview. Go through your NVC package before and make sure there's no contradicting answers
to what was already provided before. After the interview, if all goes well, the visa could be
issued the same day or within a few days. Once you have the passport, you will see that there is…
you'll pay the immigrant visa fee to get the visa issued. And once you get the immigrant visa,
you’ll see that the visa is good for six months. You have six months to enter the United States at
that point. It's very important to know that once the immigrant visa is issued, you’re also going to
get a package from the US Embassy with specific documents. Those documents, you're going to give
to the agent at the port of entry and they're going to process those documents. And once you
enter the United States, typically, the green card will be mailed to you within four weeks.
And that's it. That's pretty much the whole cycle of the CR1 visa. What is important to remember
right now, during the pandemic, the biggest backlog right now, is for spouses to schedule
their interviews from the moment they are approved by the NVC and they’re waiting in the queue.
We have, right now, people have been waiting for their interviews for almost 10 months. We have
people that had been waiting for almost 10 months, 11 months. So, remember that the process that I
described to you, the big backlog is now happening between the NVC and the actual interviews because
right now, most of these consulates or embassies are closed. So, they're not able to schedule
interviews. They’re not are able to proceed with scheduling for medical exams and all that.
So, people have been waiting for almost a year now to get their interviews scheduled. So, our
suggestion right now is to stay close contact with your specific embassies. Specifically if you are
already past the NVC, make sure you call the NVC and find out if everything is done on their side.
You can actually call the NVC and they'll tell you if anything is missing or you're just basically
waiting in a queue. And if you are waiting in the queue, make sure you follow up with your specific
embassy to make sure that they have your case. And as soon as they reopened, you'll be able to
schedule your appointment right away. Okay? So, once again, hopefully, this overview was helpful.
Again, most people can still file their I-130s. Most people can still file their cases in the
USCIS. It will take about eight months to a year until it will be approved, and only then you will
be sent to the NVC so you don't have to worry about it. Even though there are delays right now,
even though the embassies are closed, you can file your immigrant green cards right now for spouses.
There's no problem with that. Because by the time you are going to get to the appointment
or to be scheduled for an appointment, hopefully, this backlog is going to be already over. But for
those of you that are now waiting, post NVC, make sure you follow up with the consulate and
talk to an attorney to see if there are any other alternative like Adjustment of Status or coming
to the United States. There may be some options for certain people that qualify. Once again,
thanks for watching. Make sure to subscribe to our channel, if you're here for the first time.
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description. This is a place where we'll continue the discussion and talk about issues that we don't
really cover in our videos. Once again, thanks for watching. I'll see you in our next video.