Petitioner must live abroad with spouse. To even consider a direct consular filing, you have to be in a situation where the U.S. spouse and foreign spouse are already living together abroad. If you aren’t, then you should do the regular spouse visa process or one of the other options instead.

Couple must live in a country where this service is available. It would be logical to assume that, since the U.S. Department of State manages the operations of all the U.S. Embassies, that all the U.S. Embassies would basically run the same way. Interestingly enough, this could not be further from the truth. There are numerous quirks and differences between the various Embassies, and understanding the methods and preferences of different Embassies has been an important part of how our team represents clients. However, for purposes of direct consular filing, there are only some countries where it is possible to direct consular file, and the countries where it is possible vary over time. For clients who could be eligible for direct consular filing, we do research to determine whether their local Embassy has been authorized to accept direct consular filings, and if so, whether or not they are actually accepting these filings, and what their preferred process is. 

Couple must meet any country-specific requirements. In addition to being authorized to accept direct consular filings, an Embassy may have additional restrictions or limitations on which types of cases they will accept. For example, most embassies accepting direct filings required a showing of some type of emergency humanitarian situation or proof that the U.S. spouse would be relocating to the U.S. for a job with little advance notice. Every couple who lives abroad may not be approved to directly file their case.  

Embassy personnel is responsive. Because direct consular filing is relatively rare and restricted, many countries in which it is accepted do not have a clear process for initiating a direct consular file. Over the years, we have learned a lot about the best ways to get the attention of consular personnel and what to say in order to maximize our clients’ chances of being accepted to direct consular file. 

Eligible for a spouse visa. All of the other requirements for spouse visas also apply in this case. See our resource page on spouse visas for more information. Direct consular filing is a way to make the process go faster, but it does not in any way circumvent any of the other legal requirements.

Can I try both methods of filing a spouse visa simultaneously?

 In a word, no. Once a petition has been filed with USCIS, it is virtually impossible to get an Embassy to entertain the possibility of accepting a direct consular file. That’s one of the reasons it is so important to have good legal advice for your case before sending in a single document! We have seen numerous couples over the years attempt to begin their immigration cases without assistance, and then realize that they needed help. By the time they come to us for help, it’s not always possible for us to undo all of the missteps they have already made, such as rendering themselves ineligible for direct consular filing by starting their case in another way.