How to Get a Spouse Visa and Move to the U.S

A U.S. spouse visa allows a foreign national married to a U.S. citizen or lawful permanent resident to immigrate and live permanently in the United States. There are two primary pathways: the CR1/IR1 immigrant visa (immediate green card) and the K-3 nonimmigrant visa (temporary entry while awaiting the immigrant petition) Travel.state.gov Travel.state.gov. The overall process involves filing Form I-130, “Petition for Alien Relative,” waiting for approval, completing consular processing (including Form DS-260), attending a visa interview, and entering the U.S. as a permanent resident USCIS USCIS. Processing times vary—most I-130 petitions take 10–14 months—while consular processing can add another 3–6 months; opting for a K-3 visa may shorten separation but often adds complexity and cost CitizenPath Total Law. Below, discover each step, required documents, typical fees, and pro tips to help your application succeed.

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Eligibility Criteria

Relationship Requirements

Your marriage must be legally valid and recognized in the place where it occurred and under U.S. law Travel.state.gov.
You must provide proof of a bona fide marriage—joint financial records, photographs, affidavits, etc.—to demonstrate the relationship is genuine and not solely for immigration purposes Travel.state.gov.

Petitioner’s Status

To petition for a spouse visa, you must be either:

A U.S. citizen filing for a foreign spouse (immediate relative category) USCIS.
A lawful permanent resident (green card holder) filing for a foreign spouse (family-preference category) USCIS.

Types of Spouse Visas

CR1 / IR1 Immigrant Visa

CR1 (Conditional Resident): Marriage less than two years old grants a 2-year conditional green card. You must later file Form I-751 to remove conditions Boundless.
IR1 (Immediate Relative): Marriage over two years old grants a 10-year permanent green card immediately Boundless.

K-3 Nonimmigrant Visa

Allows the foreign spouse to enter the U.S. while the I-130 petition is pending Travel.state.gov.
Must file Form I-129F in addition to I-130, which may add processing time and costs despite potentially shortening physical separation USCIS Total Law.

Step-by-Step Application Process

1. File Form I-130 (Petition for Alien Relative)

The U.S. petitioner submits Form I-130 to USCIS, along with supporting evidence of the marital relationship and proof of petitioner’s status USCIS.
USCIS issues a receipt notice (Form I-797) and then adjudicates the petition—approval typically takes 10–14 months, though some service centers are faster or slower CitizenPath egov.uscis.gov.

2. National Visa Center (NVC) Processing

Once I-130 is approved, your case transfers to the NVC, which assigns a case number and provides instructions for visa fee payments and the submission of civil documents (birth certificates, police clearances, etc.) Travel.state.gov.
You must complete Form DS-260 (Immigrant Visa Application) online and upload required documents through the Consular Electronic Application Center USCIS.

3. Medical Examination & Affidavit of Support

The foreign spouse undergoes a USCIS-approved medical exam and obtains vaccinations per CDC guidelines Travel.state.gov.
The U.S. petitioner files Form I-864 (Affidavit of Support) to prove sufficient income (125% of federal poverty guidelines) or presents a joint sponsor Travel.state.gov.

4. Consular Interview

The NVC schedules an interview at the U.S. embassy or consulate in the spouse’s home country Travel.state.gov.
At the interview, a consular officer reviews your application, supporting documents, and tests marital bona fides; digital fingerprints and photographs are taken; final visa issuance follows if approved Travel.state.gov.

5. Entry to the United States

Upon visa issuance, the spouse travels to the U.S.; the visa packet must be presented at the port of entry. Immigration officials admit the spouse as a conditional or permanent resident, and the green card arrives by mail within weeks Travel.state.gov.
If entering on a CR1 visa, remember to file Form I-751 within the 90-day window before the conditional green card expires Boundless.

Timeline & Processing Times

I-130 Processing: ~10–14 months on average CitizenPath.
NVC & DS-260: 3–5 months depending on promptness of document submission Travel.state.gov.
Interview Scheduling: 1–3 months after NVC completes document review USCIS.
Total Time: Typically 12–18 months from petition filing to U.S. entry; K-3 visas may marginally reduce separation but rarely shorten overall time significantly Total Law.

Costs & Fees

Form I-130 filing fee: $535 (USCIS).
DS-260 processing fee: $325 (Department of State).
Affidavit of Support fee: $120.
Medical exam: Varies by country (~$200–$500).
Interview and visa issuance: $185.
Form I-751 removal of conditions: $595 + $85 biometrics fee Travel.state.gov.

Expert Tips for Success

Organize Documents Early: Gather marriage certificates, joint bank statements, photos, and affidavits before filing to avoid delays Travel.state.gov.
Use an Immigration Attorney: Complex cases or past immigration violations benefit from professional guidance Reuters.
Maintain Clear Communication: Respond promptly to NVC requests and attend your embassy interview on time to prevent administrative closure USCIS.
Prepare for the Interview: Practice common consular questions about your relationship’s history, daily life together, and future plans Travel.state.gov.
Track Processing Times: Regularly check USCIS processing times online and set calendar reminders for upcoming deadlines egov.uscis.gov.

With careful preparation, timely filings, and complete documentation, you can successfully navigate the spouse visa process and begin your new life together in the United States. Best of luck on your journey!

How to Get a Spouse Visa and Move to the U.S