If you're already married to your foreign spouse (or planning to get married abroad), the spouse visa (CR-1 or IR-1) is your path to bringing them to the United States as a permanent resident. Unlike the K-1 fiance visa, which requires marriage after arrival, spouse visas are for couples who have already tied the knot.
This comprehensive guide walks you through everything you need to know about the spouse visa process, from determining which visa type you need to what happens when your spouse finally arrives in America with their green card in hand.
What is a Spouse Visa?
A spouse visa allows a foreign citizen married to a U.S. citizen or lawful permanent resident to immigrate to the United States. There are two types:
CR-1 Visa (Conditional Resident)
For: Couples married less than 2 years at the time the visa is approved
Status: 2-year conditional green card
What happens: Must file to remove conditions before the 2-year anniversary
IR-1 Visa (Immediate Relative)
For: Couples married 2+ years at the time the visa is approved
Status: 10-year permanent green card immediately
What happens: No conditional period—full permanent residence from day one
Note: The process is identical for both. The only difference is the length of marriage determines which you receive at the end.
Spouse Visa vs. K-1 Fiance Visa: Which is Better?
| Factor | K-1 Fiance Visa | CR-1/IR-1 Spouse Visa |
|---|---|---|
| Processing Time | 12-18 months | 14-20 months |
| Marriage Requirement | Marry after arrival | Already married |
| Status on Arrival | Nonimmigrant (K-1) | Permanent Resident |
| Work Authorization | Must apply, 3-5 months wait | Immediate |
| Travel | Cannot leave until Advance Parole approved | Can travel immediately |
| Total Cost | ~$2,500-$3,000 | ~$1,500-$2,000 |
| Best For | Couples not yet married | Couples already married |
Bottom line: If you're already married, the spouse visa is usually the better choice—it's cheaper, your spouse gets immediate work and travel rights, and there's no 90-day marriage deadline.
Spouse Visa Eligibility Requirements
For the U.S. Citizen Petitioner:
- Must be a U.S. citizen or lawful permanent resident
- Must be legally married to your foreign spouse
- Must meet minimum income requirements (see below)
- Must be willing to financially sponsor your spouse
For the Foreign Spouse:
- Must be legally married to the U.S. citizen/LPR
- Marriage must be legally valid
- Must not be inadmissible to the U.S. (criminal history, health issues, etc.)
- Must have intent to live permanently in the U.S.
Income Requirements (Form I-864 Affidavit of Support)
The U.S. sponsor must prove income at 125% of the Federal Poverty Guidelines:
- For household of 2: $24,650/year (2024)
- For household of 3: $31,075/year
- For household of 4: $37,500/year
If you don't meet income requirements:
- Use assets (savings, property) to make up the difference
- Get a joint sponsor (family member or friend who meets requirements)
- Combine household income if living with family
The Spouse Visa Process: Step-by-Step
Step 1: File Form I-130 (Petition for Alien Relative)
Timeline: 10-15 months for USCIS processing
What you need:
- Form I-130
- Filing fee: $675 (as of 2024)
- Proof of U.S. citizenship (passport, birth certificate, naturalization certificate)
- Marriage certificate
- Proof of bona fide marriage (photos, correspondence, travel records)
- Divorce or death certificates from prior marriages
- Passport-style photos of both spouses
Proving a bona fide marriage: USCIS wants to ensure your marriage is genuine, not just for immigration benefits. Provide:
- Wedding photos and ceremony details
- Joint bank accounts, leases, or insurance policies
- Communication records (emails, messages, call logs)
- Travel receipts showing visits
- Letters from family and friends who know you as a couple
Step 2: Wait for USCIS Approval
USCIS will review your petition and may issue an RFE (Request for Evidence) if they need additional documentation. Once approved, your case moves to the National Visa Center (NVC).
Step 3: National Visa Center (NVC) Processing
Timeline: 2-4 months
The NVC will send you:
- Case number and invoice ID
- Instructions for paying fees and submitting documents
Fees to pay:
- Processing fee: $325
- Affidavit of Support fee: $120
Documents to submit online:
- Form DS-260 (Immigrant Visa Application)
- Civil documents (birth certificate, marriage certificate, police certificates)
- Form I-864 (Affidavit of Support) with financial evidence
- Passport copies
- Photos
Step 4: Medical Examination
Your spouse must complete a medical exam with an approved physician in their country. This includes:
- Physical examination
- Vaccination records (must be up to date on required vaccines)
- Blood tests and chest X-ray
- Mental health evaluation if applicable
Cost: $200-$500 depending on country
Step 5: Interview at U.S. Embassy/Consulate
Timeline: 2-6 months after NVC forwards case to embassy
Your spouse will receive an interview appointment at the U.S. embassy or consulate in their home country.
Documents to bring:
- Passport valid for at least 6 months
- Interview appointment letter
- DS-260 confirmation page
- Medical examination results (in sealed envelope)
- Police certificates
- Marriage certificate
- Birth certificate
- Evidence of relationship
- Passport photos
Interview questions to expect:
- How did you meet your spouse?
- When and where did you get married?
- Have you visited each other? When and where?
- What does your spouse do for work?
- Where will you live in the U.S.?
- Do you have children? (From this or previous relationships?)
- Details about your spouse's family
Tips for the interview:
- Be honest and consistent with information in your application
- Answer questions directly without over-explaining
- Dress professionally
- Bring organized documentation
- Stay calm and confident
Step 6: Visa Issuance
If approved, your spouse's passport will be returned with the immigrant visa stamped inside. The visa is valid for 6 months, during which your spouse must enter the United States.
Important: Your spouse becomes a permanent resident the moment they're admitted to the U.S. The physical green card will arrive by mail within 2-3 weeks.
After Arrival: What Happens Next
At Port of Entry
Your spouse will:
- Present their immigrant visa and passport
- Be fingerprinted and photographed
- Answer questions from a CBP officer
- Receive a stamp in their passport as temporary proof of permanent residence
First Few Weeks
- Green card arrives by mail (2-3 weeks)
- Apply for Social Security Number (can do at port of entry or at SSA office)
- Your spouse can work immediately
- Your spouse can travel internationally immediately
If You Have a CR-1 (2-Year Conditional Green Card)
You must file Form I-751 (Petition to Remove Conditions on Residence) within the 90-day window before your 2-year anniversary.
What you'll need:
- Form I-751
- Filing fee: $715
- Evidence your marriage is still genuine (joint accounts, taxes, lease, photos, etc.)
Once approved, the conditional status is removed and your spouse receives a 10-year green card.
Special Circumstances
What If You're a Permanent Resident, Not a Citizen?
Lawful permanent residents (green card holders) can sponsor spouses, but:
- Processing times are MUCH longer (2-5+ years depending on country)
- Your spouse falls under the F2A visa category (limited annual quotas)
- Income requirements are the same
- Consider naturalizing to U.S. citizenship first if possible
Same-Sex Marriages
U.S. immigration law recognizes same-sex marriages on the same basis as opposite-sex marriages. The process is identical.
Previous Immigration Violations
If your spouse has previously:
- Overstayed a visa in the U.S.
- Worked without authorization
- Been deported or removed
You may need a waiver or face bars to re-entry. Consult an immigration attorney.
Common Reasons for Spouse Visa Denial
- Insufficient evidence of genuine marriage: Provide extensive documentation of your relationship
- Sponsor doesn't meet income requirements: Get a joint sponsor or use assets
- Criminal history: Some crimes make applicants inadmissible; may need waiver
- Prior immigration violations: Overstays or fraud can trigger bars
- Incomplete application: Missing documents or forms
- Medical inadmissibility: Certain communicable diseases or failure to vaccinate
Total Cost Breakdown
- I-130 filing fee: $675
- NVC processing fee: $325
- Affidavit of Support fee: $120
- Medical examination: $200-$500
- Police certificates: $0-$100
- Travel to embassy: $50-$500
- Document translations: $50-$200
- USCIS Immigrant Fee (paid after visa approval): $220
- Total: $1,640-$2,640
Optional costs:
- Immigration attorney: $2,000-$5,000
- Premium processing (not available for I-130)
- Flight to U.S.: $500-$2,000
Processing Times by Country
Total processing times vary significantly by country due to embassy workload and local conditions:
- Canada/Western Europe: 14-18 months
- Philippines: 18-24 months
- India: 16-20 months
- Mexico: 16-22 months
- China: 18-24 months
Check current processing times at USCIS.gov and your specific embassy website.
Do You Need an Immigration Attorney?
Most straightforward spouse visa cases can be handled without an attorney. Consider hiring one if:
- Either spouse has a criminal record
- Prior immigration violations or denials
- Complex financial situations
- You've been married and divorced multiple times
- Large age gap between spouses (USCIS scrutinizes these more)
- You want professional guidance and peace of mind
Tips for a Successful Application
- Organize everything: Create a binder with all documents, organized chronologically
- Make copies: Keep copies of everything you submit
- Meet in person regularly: If your spouse is abroad during the process, visit when possible
- Document your relationship continuously: Keep taking photos, save messages, maintain joint accounts
- Be consistent: Make sure all forms have matching information
- Respond promptly to RFEs: If USCIS requests more evidence, provide it quickly and thoroughly
- Stay patient: Immigration takes time—maintain your relationship during the wait
Living Apart During the Process
Most couples remain in their respective countries during the 14-20 month process. Here's how to cope:
- Maintain regular communication despite time zones
- Plan visits when financially feasible
- Join online support communities (VisaJourney, Reddit's immigration forums)
- Use the waiting time productively (save money, research housing, find jobs)
- Celebrate milestones (approval notice, interview scheduled, etc.)
Final Thoughts
The spouse visa process is lengthy and requires patience, but at the end, your spouse enters the United States as a permanent resident with immediate work and travel rights. That's a huge advantage over the K-1 fiance visa route.
Stay organized, be thorough in your documentation, and support each other through the waiting period. Thousands of couples successfully complete this process every year—and soon, you'll be one of them.
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