Bringing a spouse to the U.S. from abroad comes with a unique set of challenges and requirements. One of these challenges is going through consular processing via the National Visa Center (NVC) for a marriage based visa, which includes several potential stumbling blocks for couples. However, as long as you understand the USCIS consular process while based in California, you shouldn’t run into any significant issues.

At The Berdugo Law Firm, APC, we are dedicated to providing our California clients with the legal representation they need as they navigate the NVC case status process in Los Angeles. Keep reading to find out how to bring a spouse to the U.S. from abroad and what the consular process is like for LA couples.

Step-by-Step Guide to Consular Processing

When you are bringing a spouse to the U.S. from abroad, they have to go through a process known as consular processing. The purpose of consular processing is to create a legal pathway for an individual to obtain lawful permanent residence in the U.S. before actually living there.

Here are the two main steps you will need to be aware of when it comes to starting the consular process.

Filing the Petition

The first step of this process is to file your petition, which is form I-130, otherwise known as a petition for alien relative. This form is essentially a formal request that your spouse be classified as a relative who is eligible for a green card.

When you file this petition, you need to provide proof of U.S. Citizenship or Legal Permanent Residence as the person petitioning on behalf of your foreign spouse. You also need to provide proof of marriage as well as evidence of a bona fide marriage to prove that it is not fraudulent.

If your petition is approved by USCIS, it will be forwarded to the NVC. The National Visa Center will then assign you a case number, request application fees, collect additional legal documents, and coordinate the medical examination.

Attending the Consular Interview

The next step in this process is to attend the consular interview at either a designated U.S. consulate or embassy. During this interview, your spouse will be interviewed by a U.S. Department of State officer regarding the details of their petition. The purpose of this is to further establish the legitimacy of the marriage and to confirm that the foreign spouse meets the eligibility requirements to immigrate to the U.S.

Also, it is important to note that the foreign spouse will need to have a medical exam done by an authorized physician before the interview. During this medical exam, a physical examination, vaccination review, and a tuberculosis screening are required.

When your spouse goes to the consular interview, they must bring specific documentation, including:

• Birth certificate
• Valid passport
• Police certificates, if applicable
• Financial documents
• Passport-style photos
• Divorce or death certificates, if applicable

Preparing for the Spouse Visa Interview

Being prepared for the consular interview is essential for successfully bringing your spouse to the United States. First, you need to hire a spouse visa lawyer in Los Angeles to assist you with this process, as they will also help to prepare your spouse for the interview.

To prepare, your spouse should practice answering questions that the U.S. Department of State officer may ask, such as:

• How you and your spouse met.
• Your spouse’s background, employment, and intentions when moving to the U.S.
• Your spouse’s criminal history, if applicable.
• The results of the foreign spouse’s medical examination.

The most important thing to remember about the spouse visa interview is that all of your spouse’s questions need to line up with the petition. Any conflicting information will look suspicious and could lead the officer to suspect that the relationship is fraudulent.

Common Delays and How to Avoid Them

Although consular processing for LA couples is relatively straightforward, there are some challenges you may run into. The good news is that there is almost always a solution available that can help you bypass these issues to bring your loved one to the United States.

Here are some examples of common consular processing delays and solutions:

• Request for additional evidence: If you do not provide enough evidence that establishes the legitimacy of the relationship, you may receive a request for evidence. This can result in significant delays, which is why you need to be thorough when providing documentation and evidence of a bona fide marriage.
• Inadmissibility issues: There may be instances where your foreign spouse is inadmissible to the United States due to things like immigration violations, criminal history, or health concerns. You should try to get ahead of these potential issues by determining whether or not your spouse is inadmissible, and if so, finding the correct immigration avenue that allows them to get around this.
• Failed interview: It is very common for individuals to fail the consular interview because they were nervous or were misunderstood by the officer. That is why it is so important that spouses know what to expect and have prepared for the questions they will be asked.

FAQ Section

How long does consular processing take in 2025?

Although it is dependent on each individual situation, consular processing usually takes 14.5 months on average as of 2025.

What happens if the visa is denied at the interview?

If your petition is denied at the interview, you may be eligible to re-file your petition if you have additional evidence or documentation to provide.

Can my spouse work in the U.S. right after arrival?

In some instances, foreign spouses can begin working immediately while their marriage-based green card is being processed. They may also be able to obtain a work permit or apply for an EAD.

What if we got married recently—does that raise red flags?

It can look suspicious, which is why you should provide a detailed explanation of why you are applying so soon after getting married.

Contact an Immigration Attorney at The Berdugo Law Firm

Does your spouse want to get a green card through marriage while living abroad? If so, this is an immigration option available to couples, as long as you go through consular processing. At The Berdugo Law Firm, we are committed to providing our clients with the reliable and straightforward legal representation they need as they navigate marriage-based immigration. Contact us today at 323-642-9933 to speak with an immigration attorney about your case.