If you or a family member is applying for an immigrant visa through the National Visa Center (NVC), the online Form DS-260 now asks for significantly more information than it used to. The form now includes new or expanded questions about prior passports, travel history, past relationships, family members’ nationalities, and siblings.
Some of these questions are simple to answer. Others, particularly the new question about “domestic partners,” can have serious consequences for which visa category you qualify for.
What’s New on the DS-260
Prior passports and nationalities. The form now asks whether you have held any other passport in the past 15 years. You must list every current and prior nationality, including any nationality you have formally or legally given up. If a country you were a citizen of no longer exists, select the nationality for the country name now used for that location.
Travel history going back 15 years. The travel section used to cover the past five years. It now asks about travel to any country or region other than the United States in the past 15 years. If you answer “yes,” the form also asks who paid for the travel.
Current and former spouses or partners. The family section now asks about both current and former “Spouse or Civil/Domestic Partner.” As detailed below, this question deserves careful attention.
Nationality of spouses, partners, and children. The form now asks for the nationality of your current and former spouses or civil/domestic partners, as well as your children.
Siblings. A new section, “Family Information: Siblings,” asks how many siblings you have and, for each one, their full name, date of birth, and nationality.
The “Domestic Partner” Question
The term “domestic partner” creates uncertainty, especially for applicants from countries that recognize common-law marriage, marriage based on living together, customary marriage, or civil unions.
Depending on the law of the country involved and the facts of your relationship, a consular officer may ask for more information to decide whether your relationship counts as a marriage, or the equivalent of one, for U.S. immigration purposes. If you answer “yes” about a domestic or live-in partner, the officer could treat you as married.
Being treated as married can impact visa eligibility as some family-based categories are only for unmarried sons and daughters. For example:
- An unmarried adult son or daughter of a U.S. citizen (F1) who is treated as married could be moved to the category for married sons and daughters (F3).
- An unmarried adult son or daughter of a permanent resident (F2B) who is treated as married would no longer qualify for any family-based preference category.
If you have ever lived with a partner, or have a relationship that might be recognized as a marriage where you live, talk to an attorney before you answer this question.
Recommendations for Immigrant Visa Applicants
- Gather information early. Collect old passports, travel records for the past 15 years, and full names, birth dates, and nationalities for your siblings, children, and current and former spouses or partners.
- Be accurate and consistent. Your DS-260 answers should match your other records and anything you have told immigration authorities before.
- Get advice before answering relationship questions. If you have lived with a partner or had a customary, common-law, or civil union relationship, speak with an attorney first.
If you have questions about your DS-260 or your immigrant visa case, you can schedule a consultation appointment online: Schedule a Consultation
