Family Abroad After I-130 Approval: NVC, DS-260 and the Consular Interview

After USCIS approves the I-130, the National Visa Center takes over: fees, I-864, DS-260 for each family member, civil documents, then the interview.

Reviewed by Ekaterina Fitenko, Esq. — Florida Bar #1064536. With 20+ years of experience in the legal field, she advises Russian- and Ukrainian-speaking clients on immigration filings and case strategy, in English and Russian.

After the I-130 Is Approved

When USCIS approves an I-130 for a relative who lives abroad, the case moves from USCIS to the State Department's National Visa Center (NVC). NVC sends a Welcome Letter, and the case is then managed online in the Consular Electronic Application Center (CEAC). The visa itself is decided later by a consular officer abroad.

Whether the case can move immediately depends on the category. Immediate relatives of U.S. citizens — spouses, unmarried children under 21 and parents of citizens who are at least 21 (INA section 201(b)) — are not subject to an annual numerical limit. Preference categories, such as spouses of permanent residents or siblings of citizens, are: an approved petition waits until its priority date, the date the I-130 was filed, becomes current in the monthly Visa Bulletin. If your relative is in the United States rather than abroad, the comparison is in our article on adjustment of status versus consular processing.

One deadline applies throughout: under INA section 203(g), a petition can be terminated if the beneficiary does not apply for an immigrant visa within one year of notice that a visa is available. Silence toward NVC is not a neutral delay.

Fees and the Order of Steps

The first step after the Welcome Letter is paying two NVC fees: the immigrant visa application processing fee and the Affidavit of Support fee. Both are paid in CEAC from a checking or savings account at a U.S. bank, one at a time. A small number of cases are exempt from the Affidavit of Support fee; the State Department asks those applicants to contact NVC before paying.

Allow 10 calendar days for NVC to process the payments; Form DS-260 does not open until then. Fee amounts change, so we do not quote them; CEAC shows the current ones.

The Affidavit of Support at NVC

The petitioner must sign Form I-864, Affidavit of Support, and upload it with financial evidence in CEAC. It is a legally enforceable promise: the sponsor's obligation usually lasts until the immigrant becomes a U.S. citizen or can be credited with 40 qualifying quarters of work.

The sponsor generally must show household income of at least 125% of the HHS poverty guidelines for the household size — 100% for a sponsor on active military duty petitioning for a spouse or child. If the petitioner's income is insufficient, a joint sponsor may sign a separate I-864, or a household member may join through Form I-864A. A shorter I-864EZ is available where there is one applicant on the petition and the income relied on is shown entirely on W-2 forms.

For financial evidence, NVC strongly recommends an IRS tax transcript for the most recent tax year. Income, assets and joint sponsors are covered in our article on the I-864 Affidavit of Support.

Form DS-260

Once CEAC shows the fees as paid, the applicant and each family member immigrating with them must complete Form DS-260, the Application for Immigrant Visa and Alien Registration. A spouse and qualifying children on the same case each need their own DS-260.

The State Department notes that submitting the DS-260 does not formally make the visa application; that happens only at the interview. Print the confirmation page and bring it to the interview. Keep the answers — addresses, employment, travel, prior U.S. visas — consistent with the I-130 and any earlier applications.

Civil Documents and Police Certificates

Each immigrating family member must collect civil documents issued by the official issuing authority of their country. Which document counts is listed by country in the State Department's Document Finder. The core set includes:

Police certificates are required from age 16: from the country of nationality if the applicant lived there more than 6 months, from the current country of residence on the same terms, from any other country where they lived for 12 months or more at age 16 or older, and from any place they were arrested. The State Department says police certificates expire after two years, with an exception for a former country of residence the applicant has not returned to. Present and former U.S. residents do not submit U.S. police certificates.

Documents not in English or in the official language of the country where the applicant applies need a certified translation with the translator's signed statement. Everything is uploaded in CEAC; NVC says never to mail originals, but the originals are brought to the interview.

NVC Review and Scheduling

After you press "Submit Documents" in CEAC, NVC reviews the case and replies with one of two results. "Corrections Required" means something is missing or wrong; you fix it in CEAC and submit again. "Documentarily complete" means NVC has what it needs and will work with the embassy or consulate to schedule an interview.

NVC states that it cannot predict when an interview will be scheduled. Embassies tell NVC which dates they hold interviews, and NVC fills them first-in, first-out; in preference categories, the priority date must also be current. Each correction notice adds another round of review, so check the Document Finder before uploading.

The Consular Interview

Before the interview, each applicant completes a medical examination with a panel physician approved by the embassy; examinations by other doctors are not accepted. The State Department says results can take up to 96 hours, so the exam is scheduled before the interview date, not on it.

The principal applicant attends regardless of age, along with family members on the same case who are 14 or older on the interview day. Bring the appointment letter, a passport valid for six months beyond the intended date of entry, two identical color photographs, the DS-260 confirmation page and the originals or certified copies of every civil document uploaded to CEAC.

If the officer needs more information, the visa may be refused under INA section 221(g) and the case may go into administrative processing. The State Department advises not to sell property, resign from a job or buy non-refundable tickets until the visa is issued. An approved immigrant visa is usually valid for up to six months, and the USCIS Immigrant Fee is paid after the visa is issued and before travel; see the USCIS fee schedule (Form G-1055) for the current amount.

Our family immigration practice handles the NVC stage in English and Russian for Florida clients whose relatives are abroad. For the petition stage, see our article on the I-130 for family reunification.

Frequently Asked Questions

What happens after USCIS approves the I-130 for a relative abroad?

USCIS sends the case to the National Visa Center. NVC sends a Welcome Letter, and the case continues in CEAC: fees, the I-864 Affidavit of Support, Form DS-260 and civil documents, then an interview at a U.S. embassy or consulate.

Who has to complete a DS-260?

The principal applicant and each family member immigrating with them, each with their own form. The DS-260 opens in CEAC only after NVC has processed the fees, and the confirmation page is brought to the interview.

Do we send original documents to NVC?

No. Documents are scanned and uploaded in CEAC, and NVC instructs applicants never to send originals. The originals or certified copies of every uploaded civil document must be brought to the consular interview.

Which police certificates are needed?

From age 16: from the country of nationality and of current residence (if lived there over 6 months), from any other country lived in for 12 months or more at 16 or older, and from any place of arrest. They generally expire after two years.

How long until the interview is scheduled?

NVC says it cannot predict that. Interviews are scheduled first-in, first-out once the case is documentarily complete and the embassy offers dates; in preference categories the priority date must also be current.

How much is the initial consultation?

$200 for 30 minutes, in English or Russian. Call (305) 315-3425 or email fitenkolaw@gmail.com to schedule, or start with the intake form.

This article is informational only and is not legal advice. Immigration rules, fees and processing times change; confirm current requirements with the agency or with counsel before relying on anything here.

Fitenko Law PLLC, 11555 Heron Bay Blvd, Suite 277, Coral Springs, FL 33076 (main office); 600 Three Islands Blvd, Hallandale Beach, FL 33009 (by appointment only). Phone: (305) 315-3425. Email: fitenkolaw@gmail.com