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Married to a U.S. Citizen or U.S. Legal Permanent Resident and need to do Consular Processing Abroad. Here’s a Guide.

Options for a foreign-citizen spouse or L.P.R.’s spouse who wants to do consular processing abroad to seek a U.S. Green Card:

Source: travel.state.gov  |  August 26, 2026

Where someone with a U.S. citizen spouse either voluntarily departed the United States or is living abroad has three possible paths to consular processing, depending on how (or whether) an immigrant petition has already been filed:

  • Option 1 — File for a K-3 nonimmigrant visa (spouse of a U.S. citizen).
  • Option 2 — Upgrade an existing I-130 petition, if it was filed while the U.S. citizen sponsor was still a lawful permanent resident (LPR).
  • Option 3 — Consular process directly for an immigrant visa (IR-1 or CR-1) as the spouse of a U.S. citizen.

1. K-3/K-1 Nonimmigrant Visa (Spouse of a U.S. Citizen) + Fiancé Visa

  • What it is: A nonimmigrant visa for the foreign-citizen spouse of a U.S. citizen.
  • Purpose: Shortens the physical separation between spouses by letting the foreign-citizen spouse obtain a K-3 visa overseas with a K-1 and enter the U.S. to await approval of the immigrant visa petition.
  • After entry: K-3 holders apply to adjust status to lawful permanent resident (LPR) with USCIS once the petition is approved.

A foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place.

Steps

  1. File Form I-130, Petition for Alien Relative. The U.S. citizen sponsor files this with the USCIS office serving their area. USCIS sends a Notice of Action (Form I-797) receipt notice confirming receipt. See the USCIS K-3/K-4/K-1 Nonimmigrant Visas page for details.
  2. File Form I-129F, Petition for Alien Fiancé(e). Filed for the foreign-citizen spouse and any stepchildren. See the “Direct Filing Addresses for Form I-129F” guidance for where to file for a K-3 visa.
  3. USCIS approval → National Visa Center (NVC). Once USCIS approves the petitions, they are forwarded to the NVC for processing.

Important: the K-3 case can be administratively closed

If both petitions (I-130 and I-129F) are approved by USCIS and sent to the NVC — or if the I-130 is approved before the I-129F — the need for a K-3 visa ends. When the NVC receives both approved petitions:

  • The nonimmigrant K-3 visa case is administratively closed.
  • The K-3 application process described above becomes unavailable to the foreign-citizen spouse.
  • The NVC contacts the U.S. citizen sponsor and foreign-citizen spouse with instructions to proceed on the IR-1 (or CR-1) immigrant visa track instead (see below).

2. Upgrading a Petition (Filed as LPR, Now a U.S. Citizen)

  • When it applies: The U.S. citizen sponsor filed a petition for their spouse back when they were a lawful permanent resident (LPR), and has since naturalized.
  • What must happen: The petition must be upgraded from Family Second Preference (F2) to Immediate Relative (IR) status.
  • How to upgrade: Send proof of U.S. citizenship to the National Visa Center (NVC).

Send to the NVC one of the following:

  • A copy of the biodata page of the U.S. passport; or
  • A copy of the certificate of naturalization.

3. Immigrant Visa for a Spouse of a U.S. Citizen (IR-1 or CR-1)

  • What it is: The standard consular processing route for the spouse of a U.S. citizen, resulting directly in an immigrant visa (no nonimmigrant K-3 step).

Step 1 — File the petition

  • File Form I-130, Petition for Alien Relative, with USCIS for the spouse to immigrate to the United States.
  • Where to file: See the USCIS website for filing instructions, including where to send the petition.

In certain circumstances, a U.S. citizen living abroad can file an immigrant visa petition outside the United States — see “Filing Immigrant Petitions Outside the United States.”

Step 2 — Fees, Affidavit of Support, and visa application

  • When USCIS approves the petition, it is sent to the National Visa Center (NVC), which:
  • Assigns a case number to the petition.
  • Instructs the applicant to complete Form DS-261, Choice of Address and Agent (skipped if the applicant already has an attorney on record).
  • Provides the applicant and petitioner with instructions to pay the required fees.
  • Once fees are paid, requests the necessary immigrant visa documents: Affidavit of Support, application forms, civil documents, and more.

Required documentation (general list)

  • Passport(s) valid for six months beyond the intended date of entry into the U.S., unless the local U.S. Embassy/Consulate specifically requires longer validity.
  • Affidavit of Support — Form I-864, I-864A, I-864EZ, or I-864W, as appropriate, from the petitioner/U.S. sponsor.
  • Form DS-260, Immigrant Visa and Alien Registration Application.
  • Two (2) 2×2 photographs meeting the required photo format.
  • Civil documents for the applicant — e.g., birth and marriage certificates. Bring original documents (or certified copies), legible photocopies, and any required translations to the interview. The consular officer may request additional documents at the interview.
  • Completed Medical Examination Forms — provided by the panel physician after the medical exam and vaccinations are completed.

Step 3 — Visa Interview

  • Scheduling: Once the NVC determines the file is complete with all required documents, it schedules the applicant’s interview appointment.
  • File transfer: The NVC sends the file — containing the applicant’s petition and the documents listed above — to the U.S. Embassy or Consulate where the applicant will be interviewed for the visa.
  • Appointment notice: The applicant, petitioner, attorney, and third-party agent (if applicable) receive appointment emails — or letters if no email address is available — with the date and time of the interview.
  • Instructions included: Guidance for obtaining a medical examination.

At the interview

  • Bring valid passports, plus any documentation from the list above not already provided to the NVC.
  • Ink-free, digital fingerprint scans are taken during the interview process.
  • Applicants generally receive their original civil documents and original translations back at the time of the interview.

Fees are charged at multiple stages of this process (petition, NVC processing, and visa application fees).

Source: travel.state.gov — Nonimmigrant Visa for a Spouse (K-3)

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