Immigrating to the U.S. through marriage is one of the most common ways for foreign nationals to obtain legal residency. A spouse visa is available to the foreign husband or wife of a U.S. citizen or lawful permanent resident. This guide provides detailed information on how to apply for a spouse visa, the process, and the key requirements you need to meet.
Types of U.S. Spouse Visas
There are two primary categories for obtaining a visa through marriage, depending on whether the U.S. citizen is currently residing in the United States or abroad:
- CR1 (Conditional Resident) or IR1 (Immediate Relative) Visa
This visa is available for the foreign spouse of a U.S. citizen. If the couple has been married for less than two years, the spouse will be issued a CR1 visa, which grants conditional residency. If they have been married for more than two years, an IR1 visa is issued, providing permanent residency. - K-3 Visa
This is a non-immigrant visa for the spouse of a U.S. citizen, allowing them to enter the U.S. while waiting for the approval of the CR1 or IR1 petition. However, the K-3 visa is rarely used today because the CR1 or IR1 petition usually gets processed faster than the K-3.
Eligibility Requirements
To qualify for a spouse visa, the following basic criteria must be met:
- The marriage must be legally valid in the country where it took place.
- Both partners must be legally free to marry, meaning they cannot be currently married to someone else.
- The U.S. citizen spouse must meet income requirements or have a co-sponsor to support the foreign spouse.
- The couple must prove the marriage is genuine and not solely for immigration purposes.
Steps to Apply for a Spouse Visa
The process for applying for a spouse visa involves several stages, and both the U.S. citizen spouse and the foreign national spouse have important roles in the process.
1. File Form I-130 (Petition for Alien Relative)
The process begins with the U.S. citizen spouse filing Form I-130 with the U.S. Citizenship and Immigration Services (USCIS). This form is a petition to establish the foreign spouse’s eligibility for a visa.
Documents Required:
- Proof of U.S. citizenship (e.g., U.S. passport, birth certificate, naturalization certificate)
- Proof of a legally valid marriage (e.g., marriage certificate)
- Evidence that the marriage is genuine (e.g., photos, communication records, joint financial documents)
- Any previous divorce decrees, if applicable
Once filed, USCIS will provide a receipt notice (Form I-797), indicating that they have received the petition.
2. USCIS Processing and Approval
After receiving the petition, USCIS reviews it and may request additional information or documents if necessary. Once the petition is approved, USCIS will forward the case to the National Visa Center (NVC) if the foreign spouse is abroad. If the foreign spouse is in the U.S. on a different visa, they may adjust their status while in the country.
3. National Visa Center (NVC) Processing
The NVC will contact the U.S. citizen spouse to provide further instructions and request the following:
Documents Required:
- Form DS-260 (Immigrant Visa Application)
- Police clearance certificates from the foreign spouse’s country of residence
- Medical examination report (conducted by an approved physician)
- Financial support documents (Form I-864, Affidavit of Support)
Financial Support Requirement:
The U.S. citizen spouse must demonstrate that they can financially support the foreign spouse by meeting or exceeding 125% of the U.S. poverty guidelines. If the U.S. citizen does not meet this threshold, they will need a co-sponsor.
4. Consular Interview
Once all documents are submitted and approved, the foreign spouse will be scheduled for an interview at the U.S. embassy or consulate in their country. The interview aims to verify the authenticity of the marriage and ensure all required documents are in order.
During the Interview, the Foreign Spouse Should Bring:
- Valid passport
- Form I-130 approval notice
- Confirmation of DS-260 submission
- Financial support documents
- Medical examination results
- Marriage certificate and other supporting documents
If the consular officer approves the application, the foreign spouse will receive an immigrant visa to enter the U.S.
5. Entry to the U.S. and Receiving a Green Card
Upon entry to the U.S., the foreign spouse will receive a CR1 or IR1 visa, granting them lawful permanent residency. A green card will be mailed to their U.S. address within a few weeks. If they were issued a CR1 visa, they must file Form I-751 to remove the conditions on their residency after two years to receive permanent status.
6. Adjustment of Status (for Spouses Already in the U.S.)
If the foreign spouse is already in the U.S. on another visa, they may adjust their status to permanent residency by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). They must wait until Form I-130 is approved before applying for a green card through this process.
Processing Time and Costs
The processing time for a spouse visa varies, typically ranging from 12 to 24 months. The K-3 visa, though rarely used, can be obtained faster (within 4 to 6 months).
Key Costs:
- Form I-130 filing fee: $535
- DS-260 processing fee: $325
- Form I-485 (if adjusting status within the U.S.): $1,140
- Biometrics fee: $85
Additional fees for medical exams, translation services, and any attorney costs should be considered.
Tips to Strengthen Your Application
- Gather extensive documentation: Submit a range of documents to prove the legitimacy of the marriage, such as joint leases, travel itineraries, and letters from friends and family.
- Ensure financial preparedness: Be sure to meet the income requirements or have a reliable co-sponsor.
- Prepare for the interview: Practice common interview questions and review your application materials thoroughly to avoid contradictions.
Conclusion
Applying for a U.S. spouse visa is a detailed and multi-step process, but with the right preparation, it can be successfully navigated. From filing the initial petition to the final green card approval, it is essential to follow each step carefully and provide thorough documentation to prove the validity of the marriage. If the process seems overwhelming, consider seeking advice from an immigration attorney to guide you through the process efficiently.