Step 1: Determine Visa Category
- You will be applying for an immigrant visa under the IR-1 or CR-1 category, depending on whether your spouse is a US citizen or a lawful permanent resident.
Step 2: Gather Documents
Collect the necessary documents, including:
- Passport: Valid passports for both you and your spouse.
- Marriage Certificate: Original marriage certificate, along with a certified English translation if it's not in English.
- Birth Certificates: Original birth certificates for yourself, your spouse, and any children.
- Proof of Relationship: Evidence of your genuine and ongoing marital relationship, such as joint financial accounts, shared bills, photos together, etc.
- Financial Documents:
- Bank statements showing your financial means for the last 6-12 months.
- Evidence of your spouse's income and employment in the US.
- Proof of joint financial responsibilities, if applicable.
- Medical Examination: Complete the required medical examination and obtain a sealed medical report.
- Police Certificate: Obtain police certificates from all countries where you've resided for more than six months as an adult.
- Affidavit of Support: Your spouse must submit a Form I-864, Affidavit of Support, to show that they have the financial means to support you in the US.
Step 3: File Form I-130 Petition
Your spouse must file a Form I-130, Petition for Alien Relative, on your behalf with the US Citizenship and Immigration Services (USCIS). They can file this form online or by mail.
Step 4: Attend Interview
Once your Form I-130 is approved, you'll be scheduled for an interview at the US embassy or consulate in Malaysia. Bring all the original documents and a copy of your interview notice to the interview.
Step 5: Visa Issuance
If your visa is approved, you will be given an immigrant visa stamp on your passport. This allows you to travel to the US and become a lawful permanent resident.
It's important to consult with an immigration attorney to ensure that you have a strong case and to avoid any potential issues or delays in the visa process.