The process begins with filing Form I-130 with USCIS. This is identical to the AOS route. After approval, the case transfers to the NVC. No I-485 is filed at this stage — the beneficiary will apply for the immigrant visa abroad.

• Form I-130 and filing fee
• Supporting civil documents (same as AOS route)
• Proof of petitioner's U.S. citizenship or LPR status
• Bona fide marriage evidence (same standards as AOS)

After I-130 approval, NVC assigns a case number. The petitioner pays the affidavit of support fee and the immigrant visa fee. NVC then requests civil documents and the I-864 financial package. NVC reviews for completeness before scheduling the embassy interview.

• DS-260 Immigrant Visa Application — completed online by the beneficiary
• Civil document uploads: marriage certificate, birth certificates, passport, police clearances
• I-864 Affidavit of Support and financial documents (same standards as AOS)
• NVC processes documents in the order received; completeness determines speed

The embassy requires original or certified copies of all civil documents. Unlike USCIS, the consular officer has wide discretion to request additional evidence or return the case for further processing. Consistent, well-organized documentation is critical.

• Certified marriage certificate with English translation
• Birth certificates for both spouses
• Valid passport of the beneficiary (must be valid for at least 6 months beyond interview date)
• Police clearance certificates from all countries of residence for 6+ months since age 16
• Divorce decrees or death certificates from all prior marriages
• Military records if applicable

The beneficiary must undergo a medical examination with a physician approved by the U.S. Embassy or Consulate in the country where the interview will take place. This is separate from the USCIS Civil Surgeon exam used in AOS cases.

• Schedule with an embassy-approved physician — the embassy provides a list
• Bring vaccination records from childhood and adulthood
• The physician sends results directly to the embassy in a sealed envelope
• Results are typically valid for 6 months — plan the exam timing relative to your interview date

The I-864 requirements are identical to the AOS route. However, consular officers often scrutinize financial documents more carefully, particularly in countries where fraud or misrepresentation is a known concern. Joint sponsors are accepted and commonly used.

• Form I-864 signed by the petitioner
• Three years of federal tax returns (IRS transcripts preferred)
• Proof of current employment and income
• Joint sponsor I-864 if petitioner income is insufficient
• Evidence of the joint sponsor's relationship to the petitioner (if any)

Beneficiaries who entered without inspection (EWI) generally cannot adjust status in the U.S. and must depart for consular processing. Departure triggers the 3-year or 10-year unlawful presence bar. An approved I-601A Provisional Waiver is typically required before departure.

• Determine whether unlawful presence bars apply before scheduling departure
• If bars apply: file I-601A and wait for approval before departing
• Once I-601A is approved, schedule consular interview and depart with confidence
• Do not depart without an approved waiver if bars apply — this can result in years of separation