Step-by-Step Guide for a Marriage-Based Green Card from Canada

Step-by-Step Guide for a Marriage-Based Green Card from Canada

What Happens After Filing an I-130 Marriage-Based Green Card from Canada?

 

STEP 1: USCIS Receipt & Processing

  • Form I-130 is filed by the U.S. citizen or permanent resident spouse with USCIS (usually online or by mail).

  • USCIS issues a receipt notice (Form I-797C) within 2–4 weeks.

  • Processing times vary (typically 6–12 months).

  • During this time, USCIS may issue an RFE (Request for Evidence) if more documentation is needed.

STEP 2: I-130 Approval

  • If USCIS approves the petition, you receive an approval notice (Form I-797).

  • The case is then transferred to the National Visa Center (NVC) for the next phase.

STEP 3: Case Creation at the NVC

  • NVC assigns a case number (starts with MTL for Montreal) and sends instructions.

  • You’ll be invited to log into the Consular Electronic Application Center (CEAC).

At this stage you must:

  • Pay the Immigrant Visa Fee and Affidavit of Support Fee.

  • Complete Form DS-260 (Immigrant Visa Application) online.

  • Upload civil documents (e.g. marriage certificate, birth certificate, police certificates).

  • Upload the Affidavit of Support (Form I-864) and financial evidence.

STEP 4: Document Review by NVC

  • NVC reviews your submitted documents.

  • If everything is in order, you’ll receive a “Documentarily Qualified” notice.

  • Timeline: Review can take 1–3 months depending on workload.

STEP 5: Interview Scheduling at U.S. Consulate in Montreal

  • Once a visa interview slot becomes available, NVC forwards your case to the U.S. Consulate in Montreal.

  • You receive an interview appointment notice with instructions.

Before the interview:

  • Schedule a medical exam with a designated panel physician in Canada or the US.

  • Gather and organize original documents for the interview.

STEP 6: Visa Interview at Montreal Consulate

  • Bring your passport, original documents, medical exam results, and interview letter.

  • The officer may ask questions about the relationship to assess genuineness of the marriage.

  • If all goes well, the visa is approved on the spot or shortly after.

STEP 7: Visa Issued & Entry to the U.S.

  • Your immigrant visa is placed in your passport.

  • You will also receive a sealed visa packet (or now electronically shared).

  • You must enter the U.S. before the visa expires (usually 6 months from medical exam date).

  • Upon entry, you become a lawful permanent resident (green card holder).

  • The physical green card is mailed to your U.S. address in a few weeks.

Important Notes for Canadian Applicants

  • Canadians do not need a visitor visa to attend the consular interview but must bring valid ID and documents.

  • The Montreal consulate is the only location for immigrant visa interviews in Canada.

  • Police certificates are required from all countries lived in for 6+ months after age 16.

  • If the Canadian spouse is already in the U.S., they may consider Adjustment of Status (AOS) instead.

Ready to Take the Next Step?

If you're navigating a cross-border marriage, the process can be confusing—but you don’t have to do it alone.

Book a consultation with our cross-border immigration law firm to get expert guidance and personalized support every step of the way.

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Let us help bring your family together—legally, confidently, and as smoothly as possible.

 

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