Under US law, foreign spouses of US citizens and of US lawful permanent residents do not automatically gain immigration rights in the USA. To secure the right to enter or remain in the United States, they must make an appropriate application to the US immigration authorities. This means evidencing that they meet the US spouse visa requirements and following the relevant – complex and protracted – petitioning process.

 

What is the US Spouse Visa?

 

There is no single spouse visa for the US. Instead, there are two categories: the CR1 visa and IR1 visa, which allow foreign spouses of US citizens to live and work in the United States as permanent residents.

The CR1 visa is for spouses who have been married for less than two years. It grants conditional residency for two years, after which the conditions must be removed to obtain permanent residency.

The IR1 visa is for spouses who have been married for more than two years. It grants immediate permanent residency without conditions.

Applicants must ensure they apply for the appropriate type. Both require the US citizen spouse to file a petition (Form I-130), provide proof of a genuine marriage, and meet financial requirements to support the foreign spouse. Once approved, the foreign spouse can enter the US, live, and work legally.

 

How to Apply for a Spouse Visa

 

US spouses must either be a US citizen or a Green Card holder (‘Lawful Permanent Resident’) to sponsor their non-US spouse.

If eligible under the spouse visa requirements, the US citizen spouse would apply sponsor their spouse’s visa for entry into the United States using form I-130, immigrant Petition for Alien Relative.

After the petition is approved, the immigrant has to await their priority date to become current before they can proceed with their immigrant petition. The priority date waiting list is over two years, and there will be further processing of around 10 months for the immigrant visa.

The foreign spouse completes the visa process from outside the US, with the application subject to administrative processing by USCIS, the National Visa Center and the US Embassy in the spouse’s country of residence.

Successful applicants will be granted an immigrant visa to enter and remain in the US under either:

 

a. IR1 (immediate relative) visa – if married for longer than 2 years, or

b. CR1 (conditional residency) visa if married for less then 2 years.

 

Once in the US, the non-US spouse attains permanent residency status immediately.

The conditional residency Green Card will expire after a two-year period. This status must be renewed within 90 days of the visa’s expriy date. This requires both spouses to submit a joint petition (form I-751) to remove the two-year condition.

Failure to file during this time will result in status being lost and the non-US spouse may be subject to removal from the United States.

 

US Spouse Requirement

 

The US spouse visa sponsor must either be a US citizen or a US Green Card holder (lawful permanent resident). Both US citizens and Green Card holders can petition to bring their foreign spouse to live in the United States. However, the process differs slightly depending on the sponsor’s status:

 

a. US Citizen Sponsors: US citizens can apply for a CR1 (conditional resident) or IR1 (immediate relative) visa, depending on the length of the marriage. The processing time is typically faster for spouses of US citizens compared to those of Green Card holders.

 

b. Green Card Holder Sponsors: Green Card holders can also sponsor their spouse for a visa, but the process may take longer due to annual visa limits for spouses of permanent residents. Green Card holders can apply for the F2A visa category (Family Preference) for their spouse.

 

Both US citizens and Green Card holders must file Form I-130 (Petition for Alien Relative) to begin the process and meet the financial requirements for sponsorship.

 

 

US Spouse Visa Requirements

 

To obtain a US spouse visa, either a CR1 or IR1 visa, applicants must meet several criteria:

 

 

Requirement	Description
Form I-130	Petition filed by the US citizen spouse to prove the legitimacy of the marriage and initiate the visa process.
Bona Fide Marriage Evidence	Proof that the marriage is genuine, such as joint financial accounts, photos, travel records, and affidavits from family or friends.
Financial Support	File Affidavit of Support (Form I-864) demonstrating that the US citizen spouse can financially support their foreign spouse, meeting at least 125% of the US poverty guidelines.
Form DS-260	Immigrant Visa Application form completed by the foreign spouse after the I-130 is approved.
Visa Interview	Conducted at a US embassy or consulate to assess the legitimacy of the marriage and review documentation.

 

 

Form I-130

 

Form I-130, known as the Petition for Alien Relative, is a key requirement for a US spouse visa application. It is filed by a US citizen or Green Card holder to establish a valid relationship with their foreign spouse, allowing the spouse to apply for a visa to live in the United States.

The form requires detailed information about both the petitioner (US citizen or Green Card holder) and the beneficiary (foreign spouse), including personal details, proof of citizenship or permanent residency, and evidence of a bona fide marriage. Documents such as marriage certificates, joint financial records, and photographs must be included to demonstrate the legitimacy of the relationship.

Once the I-130 is approved by the US Citizenship and Immigration Services (USCIS), the foreign spouse can move forward with the visa process. Approval times vary, but US citizen petitions generally process faster than those filed by Green Card holders.

 

Bona Fide Marriage

 

To meet the US spouse visa requirements, the couple must be in a relationship that is legally recognized as a marriage in the jurisdiction where the ceremony took place. This applies to same-sex as well as opposite sex marriages.

Both spouses will be required to provide evidence that their relationship is legitimate, showing that the relationship is genuine and not entered into solely for immigration purposes. This can include joint financial accounts, photos, travel records, lease agreements, and affidavits from family and friends.

The US citizen spouse must first file Form I-130 (Petition for Alien Relative) to initiate the visa process. This form is used to prove the legitimacy of the marriage and establish the relationship between the petitioner and the foreign spouse.

 

Financial Support

 

The US citizen petitioner must submit an Affidavit of Support (Form I-864), proving that they have the financial means to support their spouse. This means having stable US employment that pays over the minimum threshold required for visa processing. The US spouse visa income requirement is at least 125% of the US poverty guidelines for their household size. If the petitioner does not meet this requirement, a co-sponsor may be needed.

These thresholds are:

 

Region	Sponsor’s Household Size	100% of HHS Poverty Guidelines	125% of HHS Poverty Guidelines
48 Contiguous States and Other Territories	2	$20,440	$25,550
	3	$25,820	$32,275
	4	$31,200	$39,000
	5	$36,580	$45,725
	6	$41,960	$52,450
	7	$47,340	$59,175
	8	$52,720	$65,900
	Each Additional Person	Add $5,380	Add $6,725
Alaska	2	$25,540	$31,925
	3	$32,270	$40,338
	4	$39,000	$48,750
	5	$45,730	$57,163
	6	$52,460	$65,575
	7	$59,190	$73,988
	8	$65,920	$82,400
	Each Additional Person	Add $6,730	Add $8,413
Hawaii	2	$23,500	$29,375
	3	$29,690	$37,113
	4	$35,880	$44,850
	5	$42,070	$52,588
	6	$48,260	$60,325
	7	$54,450	$68,063
	8	$60,640	$75,800
	Each Additional Person	Add $6,190	Add $7,738

 

Form DS-260

 

Form DS-260, known as the Immigrant Visa Application, is required for foreign spouses of US citizens or Green Card holders who are applying for a US spouse visa from outside the United States. After the approval of Form I-130, the foreign spouse must complete Form DS-260 to continue the visa process.

The form is submitted online through the Consular Electronic Application Center (CEAC) and collects essential information about the applicant, such as personal details, address history, employment background, and education. The foreign spouse must also provide their passport details and information regarding their marriage to the US citizen or Green Card holder.

Along with completing the DS-260 form, applicants must submit supporting documents like marriage certificates, birth certificates, and police clearances. Once the form is submitted and reviewed, the applicant will be scheduled for an interview at a US embassy or consulate, where they will be assessed for visa approval.

 

Spouse Visa Interview

 

The visa interview takes place after Form I-130 has been approved. The foreign spouse must attend an in-person interview at a US embassy or consulate in their home country. The purpose of the interview is to verify the legitimacy of the marriage and to ensure that all documents submitted during the application process are accurate and complete.

During the interview, the consular officer will ask questions about the relationship, including how the couple met, details of their marriage, and joint financial or personal commitments. Both spouses should be familiar with the information submitted in the application, as any inconsistencies could lead to delays or denial of the visa.

Applicants must bring required documents, such as the DS-260 confirmation page, passport, marriage certificate, financial documents, and any additional evidence of their relationship. The visa interview is a key moment in securing approval for the spouse visa.

 

 

Alternative Family-Based Visa Options

 

Depending on your circumstances, you may need to consider an alternative route to the CR1 or IR1 visas. To apply on the basis of your relationship, these options could include:

 

K-3 visa

 

The K-3 is a temporary visa allowing non-US spouses to enter the US while their Green Card application is being processed. It is applied for from outside the US once the US citizen spouse has filed Form I-130. With a K-3 visa, spouses are permitted to live and work in the US as they await their immigrant visa petition being processed.

K-3 applications have to be filed in the same country as where the marriage took place.

The petitioner will be assessed against standard entry criteria under US immigration rules, for example ensuring the applicant has no previous US immigration breaches, such as overstaying a visa.

During the visa interview, applicants will need to show they will not need to reply on public funds once in the US. This could mean proving that they are financially self-sufficient or that their US spouse’s income is 100 percent of the federal poverty guideline, which is to be evidenced using form I-134.

Processing times will vary depending on the Consular post where you have filed your petition and the quality of your application – errors or omissions in your documentation will result in a delayed decision. In general, you could expect processing to take up to 4 months.

Note that dependant children would apply under the K-4 visa.

 

K1 Fiancé(e) visa

 

The K-1 fiancé visa permits a non-US national to enter the US for the purpose or getting married and applying for the Green Card. The visa holder has 90 days in which to get married and file form I-485 to adjust their status.

It can take around ten months for the fiancé visa to be processed and a further one to two years to attain permanent residence.

Processing takes approximately four to six months, and includes an interview with the fiancé or fiancée who is abroad.

If you are a US citizen, you may bring your fiancé(e) to the United States to marry and live here under the K-1 visa.

 

US Visitor Visa to Spouse Visa?

 

If you are outside the US, the correct channel for a non-US spouse to come to the US would be to apply for the K-3 visa from within the country where they were married while the Green Card application is processed. Once approved, they can enter the US to live and work. The problem with this is that processing times for the K-3 visa may feel too long for couples to be apart.

In reality, many couples ask whether the non-US spouse can enter the US under a visitor visa, and once in the US apply for the Green Card. This can be problematic for a number of reasons. US border officials reserve the right to refuse entry at the border if they are not satisfied of your intention to leave the US ahead of your visa expiry (intending immigrant).

Once the petition is filed within the US, while USCIS may take issue with this approach, they are not likely to refuse the application on this basis alone.

 

Summary

 

The US spouse visa, also known as the CR1 or IR1 visa, allows foreign spouses of US citizens to live in the United States as permanent residents. The CR1 visa is for couples married less than two years, granting conditional residency, while the IR1 is for those married over two years, providing immediate permanent residency.

To qualify for a spouse visa, applicants must meet several requirements. The US citizen spouse must first file Form I-130 (Petition for Alien Relative) to establish the marriage’s legitimacy. The couple must provide evidence of a bona fide marriage, such as joint financial records, photos, and affidavits. The US petitioner must also meet financial requirements and submit an Affidavit of Support (Form I-864) showing they can financially support their spouse.

Key risks for applicants include delays or visa denials due to insufficient proof of a genuine marriage or missing documents. Applicants must carefully prepare for their visa interview at a US embassy or consulate, where any discrepancies in documentation or relationship details can lead to additional scrutiny.

Consideration should also be given to the processing time, which can take several months, and ensuring all financial requirements are met to avoid delays in the application process. Careful attention to the details is essential for a successful outcome.

 

Need Assistance?

 

Your options to join your spouse in the US will depend on your particular circumstances, including whether you are married to a US citizen or lawful permanent resident, or whether you are outside or already in the US. Taking advice will ensure you follow the correct route and file the appropriate petitions.

NNU Immigration are London-based US immigration attorneys, working with individuals from across the globe to make the move and join their loved ones in the US.

Contact us for advice with your spouse visa application.

 

Spouse Visa Requirements FAQs

 

What is the difference between a CR1 and IR1 visa?

The CR1 visa is for spouses married less than two years, granting conditional residency for two years. The IR1 visa is for spouses married more than two years, offering immediate permanent residency.

 

How long does the spouse visa process take?

The process can take anywhere from 10 to 14 months, depending on factors like processing times at the US Citizenship and Immigration Services (USCIS) and the embassy or consulate.

 

Do I need to attend an interview for the spouse visa?

Yes, the foreign spouse is required to attend an interview at a US embassy or consulate. The interview assesses the legitimacy of the marriage and verifies the provided documentation.

 

What financial requirements must be met for a spouse visa?

The US citizen petitioner must submit an Affidavit of Support (Form I-864) to prove they can financially support their spouse. The income must meet at least 125% of the US poverty guidelines.

 

Can I work in the US on a spouse visa?

Once the foreign spouse enters the US on a CR1 or IR1 visa, they are granted permanent residency, allowing them to live and work legally in the country.

 

What happens if we divorce during the visa process?

If you divorce before the visa is approved or while on a CR1 visa, it may impact your ability to stay in the US. You will need to consult an immigration attorney for guidance.

 

Glossary

 

Term	Definition
CR1 Visa	A visa for spouses of US citizens who have been married for less than two years, granting conditional residency for two years.
IR1 Visa	A visa for spouses of US citizens who have been married for more than two years, granting immediate permanent residency.
Form I-130	The Petition for Alien Relative form, filed by the US citizen spouse to establish the validity of the marriage and begin the visa process.
Affidavit of Support (Form I-864)	A legal document that the US citizen petitioner must submit, demonstrating their ability to financially support their spouse.
Conditional Residency	A temporary residency status granted for two years to CR1 visa holders. The conditions must be removed after two years to obtain permanent residency.
Permanent Residency	The legal right to live and work in the US indefinitely, commonly referred to as having a Green Card.
Bona Fide Marriage	A marriage that is genuine and not entered into solely for immigration benefits.
Visa Interview	A required part of the visa process, where the foreign spouse attends an interview at a US embassy or consulate to assess the validity of the marriage.
Form DS-260	The online immigrant visa application form used by foreign spouses to apply for their visa after Form I-130 is approved.
National Visa Center (NVC)	The agency that processes visa applications after the approval of Form I-130, before forwarding them to a US embassy or consulate for final processing.
Adjustment of Status	A process used by individuals in the US to apply for permanent residency without leaving the country.
Green Card	A document that grants permanent residency in the US, allowing the holder to live and work in the US indefinitely.