The DS-260 and DS-261 Explained: Key Steps in the U.S. State Department’s Green Card Process

Understanding the DS-260 Form

The DS-260 is the essential form for those applying for a green card from outside the United States. Officially known as the “immigrant visa electronic application,” it is processed through the National Visa Center (NVC) and coordinated with your local U.S. Embassy or consulate. This form marks the beginning of your journey toward U.S. residency, involving detailed information submission about your background and intentions.

The DS-261 Online Form

The DS-261 is a straightforward online form that establishes communication protocols with the State Department throughout your green card application process. It ensures that all correspondence and necessary updates reach you in a timely and efficient manner, streamlining the complexities of immigration procedures.

Application Process 

The first step in the green card application process is to file the I-130 family sponsorship form with the U.S. Citizenship and Immigration Services (USCIS), along with any necessary supporting documents. Within roughly two weeks, the sponsoring spouse typically receives a receipt notice from USCIS. Assuming all required information is present, USCIS will take between 13.5 and 40 months to either approve or deny the sponsorship petition, depending on the specific circumstances of the case. Upon approval, the case is forwarded to the National Visa Center (NVC) for subsequent steps.

NVC Case Management

Upon receipt of your authorized documents from USCIS, the National Visa Center (NVC) will send you a welcome notice via email or mail, depending on your preference. This notice contains crucial identifiers such as your case number, beneficiary ID number, and an invoice number. The beneficiary ID number is a unique identifier assigned to each beneficiary (e.g., the spouse seeking the green card), essential for submitting the necessary online forms and fees at the NVC's Consular Electronic Application Center.

For spouses of U.S. citizens, the NVC begins immediate processing of the case. For spouses of U.S. green card holders, the NVC holds the case until the "priority date" appears in the State Department’s visa bulletin. If visas are not currently available for your visa category, the NVC will send a notification advising you to monitor the visa bulletin for updates on visa availability.

Key Visa Bulletin Changes for Green Card Holder Spouses

In the April 2023 Visa Bulletin, the F-2A category for family-based immigration, which includes spouses and unmarried children under 21 of the U.S. Green Card holders, experienced a significant shift. Previously, the "Final Action Dates" for F-2A applications were current, meaning applications could be processed as their priority dates became due. This status has changed, and the "Final Action Dates" are no longer current, halting the processing of applications until their priority dates are reached again. However, the "Dates for Filing" remain current, permitting the submission of applications, but these will not be processed until the priority dates are current. For applicants from Mexico, the "Final Action Date" has retrogressed to November 1, 2018, and for all others, to September 8, 2020. This retrogression indicates a probable increase in waiting periods for green cards in the F-2A category. We will continue to provide updates on these developments in our monthly Visa Bulletin reports.

Filing the DS-261 Form

The subsequent step involves completing the DS-261 form, officially known as the "Online Choice of Address and Agent." This straightforward form serves to inform the State Department about your preferred communication methods, and there is no fee for its submission. Processing of the DS-261 by the NVC may take up to three weeks.

DS-261 Processing Costs

After your DS-261 form is processed by the National Visa Center (NVC), you will be required to pay two mandatory fees totaling $445. These consist of the State Department’s application processing fee of $325 and the financial support form fee of $120. Notification of DS-261 processing completion occurs when the fee invoices are made accessible at the NVC's Consular Electronic Application Center. The processing of your DS-261 payment by the NVC may take up to one week.

Initiating the DS-260 Application

Following the processing of your payment, you can proceed to file the DS-260, which is the principal immigrant visa application for relatives residing abroad, overseen by the Department of State.

Tips for Completing the DS-260

To start, ensure you have your case number, beneficiary ID number, and invoice number from the NVC's initial welcome notice. The DS-260 must be filled out entirely in English. If you're entering addresses or names not in the Roman alphabet, these must be transliterated. Include details of all your children, regardless of their age or whether they are joining you in the U.S. This includes stepchildren, adopted children, and biological children.

List every physical residence since you turned 16, not just your official permanent addresses. For example, if you listed your parents’ address as your permanent address while attending college elsewhere, include the actual residences during that period. As the green card's arrival at your U.S. address could take several months, ensure the provided mailing address remains valid throughout this period.

Corrections to the DS-260 cannot be made online after submission. If you discover errors post-submission, inform the consular officer during your interview to request corrections. After submitting the DS-260 online, print the confirmation page, as it is required for your visa interview at the U.S. consulate.

Submission of Supporting Documents

Upon submitting your DS-260 form, the National Visa Center (NVC) will confirm its receipt typically on the same day, via mail or email. You must then provide the necessary supporting documents to the NVC.

The method of submitting these documents varies based on the consulate processing your application; you may need to upload, email, or mail the documents directly to the NVC. The NVC compiles all forms and documents essential for your green card application and forwards them to the consulate, which will schedule and conduct your immigrant visa interview and make the final decision on your visa petition. It is crucial to follow the NVC's specific instructions for submitting documents. Some U.S. consulates require physical copies, while others accept digital copies via email or upload.

Required Documents from the Applicant:

1. Proof of Nationality: Include a copy of your birth certificate and the photo page of your passport.
2. Marriage Certificate: If applying for a marriage-based green card, include a copy of your marriage certificate.
3. Marriage Termination Documentation: If previously married, provide copies of divorce or death certificates.
4. Military Record: If applicable, include a copy of your military service record.
5. Police Certificates: These are required to show any past infractions or confirm a clean record. 

Obtain police clearance letters from:

1. Any location in your home country where you lived for six months or more after turning 16.
2. Any foreign location where you resided for at least one year after turning 16.
3. Any jurisdiction where you have been arrested or charged, regardless of the duration of stay or your age at the time.

Required Documents from the Sponsoring Relative

When sponsoring a relative for a U.S. green card, you must provide specific documents to prove your capability to support the applicant financially. For detailed information on what is required, refer to the guidelines on the Affidavit of Support (Form I-864).

1. Marriage Termination Documents: If you have been previously married, submit copies of divorce decrees or death certificates.
2. Proof of Domicile: This confirms significant ties to the United States. Sponsoring relatives living in the U.S. can provide a proof of address or state-issued ID. Those sponsoring from abroad should refer to specific guidelines for acceptable proof of domicile.

Additional Guidance for Document Submission

1. Check for Additional Requirements: Depending on the specifics of your case and the U.S. consulate handling your application, there may be additional documents required. Always review the instructions from the NVC closely for any special stipulations.
2. Submit Documents Together: Ensure all supporting documents are submitted in one package to streamline processing.
3. Copies vs. Originals: Submit copies of official documents to the NVC. However, be prepared to present the original documents during your green card interview at the U.S. consulate.

These guidelines are designed to ensure that your application process is as smooth as possible and comply with the requirements set forth by U.S. immigration authorities.

Interview Scheduling and Final Fee

After submitting your supporting documents, it typically takes a few months before your visa interview is scheduled. You will receive a notice from either the National Visa Center (NVC) or your local U.S. consulate that will inform you of the time and date of your interview.

DS-260 Processing and Costs

Following the approval of your visa, an immigrant visa stamp will be placed in your passport. Subsequently, you can pay the USCIS Immigrant Fee ($235) online. This fee is necessary for the production and mailing of your physical green card.

It is advisable to pay this fee immediately after receiving your visa stamp to ensure you receive your physical green card shortly after your arrival in the United States. You will use the immigrant visa stamp to enter the United States, and typically, your physical green card will arrive at your U.S. address within 3–4 weeks of your entry.

The DS-260 and DS-261 forms are crucial steps in securing a family-based or marriage-based green card for applicants outside the United States. By meticulously reading and following the provided instructions, you enhance your chances of a seamless application process, ultimately leading to the issuance of your green card. Additionally, being thorough and prompt with your documentation and fee payments can significantly expedite the final stages of your application.