A U.S. spousal visa is the immigrant visa (and eventual green card) that a U.S. citizen or lawful permanent resident obtains for a foreign husband or wife. Which visa the spouse receives, how long it takes, and how much it costs turn on two facts: whether the sponsor is a citizen or a permanent resident, and how long the couple has been married when the spouse is admitted to the United States. Expect the process to take somewhere between roughly a year and well over two years, and to cost at least $1,200 to $1,500 in government fees before medical exams and document costs are added in.
Which Visa Your Spouse Gets
Spouses of U.S. citizens are classified as “immediate relatives,” so they aren’t subject to annual visa caps and generally move faster than other family-based categories.1U.S. Citizenship and Immigration Services. I-130, Petition for Alien Relative Within that group, the label depends on marriage length at the time the foreign spouse becomes a permanent resident.
If the marriage is less than two years old at that moment, the spouse gets a CR1 (conditional resident) visa. Federal law defines a conditional alien spouse as one whose marriage was entered into fewer than 24 months before obtaining permanent resident status.2Office of the Law Revision Counsel. 8 U.S.C. 1186a – Conditional Permanent Resident Status for Certain Alien Spouses and Sons and Daughters The CR1 green card is good for two years and must be converted before it expires. If the marriage is already more than two years old, the spouse receives an IR1 visa and a standard ten-year green card, skipping the conditional stage.
When the sponsor is a permanent resident rather than a citizen, the spouse falls into the F2A family preference category, which is subject to annual numerical limits.3U.S. Citizenship and Immigration Services. Green Card for Family Preference Immigrants Citizen-sponsored petitions commonly take about 12 to 18 months. LPR-sponsored petitions can take roughly three years or more, depending on demand and visa availability.
One older option, the K-3 nonimmigrant visa, was designed to let citizens’ spouses enter while the immigrant petition was pending. In practice the State Department rarely issues K-3s anymore, because the underlying I-130 is usually approved before or with the K-3 petition.4U.S. Citizenship and Immigration Services. K-3/K-4 Nonimmigrant Visas Most couples should plan on the CR1 or IR1 path.
Applying From Abroad or From Inside the U.S.
The first practical fork is whether the foreign spouse applies from outside the country (consular processing) or from inside it (adjustment of status). Where the spouse lives usually decides this.
If the foreign spouse is abroad, the case moves from USCIS to the National Visa Center, then to a U.S. embassy or consulate for an in-person interview and visa issuance. If the foreign spouse is already in the United States in a lawful status, they may file Form I-485 to adjust status without leaving.5U.S. Citizenship and Immigration Services. Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status A citizen’s spouse can typically file the I-485 concurrently with the I-130, because a visa is considered immediately available. An LPR’s spouse can file the I-485 only once an F2A visa number becomes available.
Some bars apply. A spouse who entered without inspection, overstayed a visa, or worked without authorization is often ineligible to adjust status and has to pursue consular processing instead, which can create its own inadmissibility problems (covered further down).
Filing Form I-130
Every case begins with the sponsor filing Form I-130, Petition for Alien Relative, with USCIS.1U.S. Citizenship and Immigration Services. I-130, Petition for Alien Relative The form establishes the legal relationship. The petitioner supplies five years of address and employment history; the beneficiary supplies current employment.6U.S. Citizenship and Immigration Services. Form I-130, Petition for Alien Relative Both spouses must disclose every prior marriage and show it ended legally.
The petition needs a certified copy of the marriage certificate, proof that the petitioner is a citizen or permanent resident (birth certificate, naturalization certificate, or green card), and divorce decrees or death certificates for any earlier marriages. Any document not in English needs a certified translation signed by the translator with a statement of competence and accuracy.
Proving the Marriage Is Real
USCIS looks for evidence that the couple actually shares a life. Useful documents include joint bank statements, a lease or mortgage with both names, insurance policies naming each other as beneficiaries, and photographs together over time. Birth certificates of any children of the marriage carry particular weight. Sworn statements from people who know the couple help round out the record.
Common law marriages can qualify if they’re valid where the couple lives. USCIS recognizes them when the jurisdiction allows common law marriage and its requirements are met, which generally means living together, holding themselves out as married, and intending to be married.7U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 6 Part B Chapter 6 – Spouses Couples in that situation should prepare extra documentation: joint tax returns, affidavits, and shared utility or mortgage records.
Financial Sponsorship: The Affidavit of Support
Federal law requires the sponsor to prove they can financially support the foreign spouse so the new immigrant doesn’t turn to public benefits. Form I-864, the Affidavit of Support, creates a legally enforceable contract between the sponsor and the government. That obligation continues until the sponsored spouse becomes a U.S. citizen or earns 40 qualifying quarters of work credit under Social Security.8Office of the Law Revision Counsel. 8 U.S.C. 1183a – Requirements for Sponsors Affidavit of Support
The sponsor’s annual income must equal or exceed 125% of the Federal Poverty Guidelines for the household size, which counts the sponsor, existing dependents, and the sponsored spouse. For 2026, a household of two in the 48 contiguous states needs at least $27,050 at the 125% threshold.9U.S. Department of Health and Human Services. 2026 Poverty Guidelines Alaska and Hawaii use higher thresholds. Active-duty members of the U.S. Armed Forces sponsoring a spouse need only meet 100% of the poverty level.10U.S. Citizenship and Immigration Services. Form I-864, Affidavit of Support Under Section 213A of the INA
Income is documented with the most recent federal tax return, W-2s, and recent pay stubs. Adding tax returns from the prior three years strengthens the case but isn’t required.
If the sponsor’s income falls short, a joint sponsor who is a U.S. citizen or permanent resident can file their own Form I-864 and accept the same financial obligation.10U.S. Citizenship and Immigration Services. Form I-864, Affidavit of Support Under Section 213A of the INA Alternatively, significant assets (real estate, savings, investments) can bridge the gap, though the asset value generally has to reach a multiple of the shortfall.
DS-260, Medical Exam, and the Interview
After USCIS approves the I-130 and forwards the case to the National Visa Center, the foreign spouse completes Form DS-260, the State Department’s online immigrant visa application. It asks for addresses back to age 16 and social media identifiers used on listed platforms during the previous five years; applicants who have never used social media can answer “None.”11U.S. Department of State. FAQs on Social Media Collection It also covers criminal history, prior immigration violations, family, and travel.
Before the interview, the spouse completes a medical exam with a physician authorized by the U.S. embassy or consulate. The exam covers a physical, medical history, and required vaccinations, including mumps, measles, rubella, polio, tetanus, diphtheria, pertussis, hepatitis B, and influenza type B, along with any other vaccines the CDC applies to immigrants under Advisory Committee for Immunization Practices recommendations.12U.S. Citizenship and Immigration Services. Vaccination Requirements Missing shots are administered at the exam; failing to complete the required vaccinations stalls the application.13Office of the Law Revision Counsel. 8 U.S.C. 1182 – Inadmissible Aliens
When the NVC confirms documents and fees are in order, the case is sent to the appropriate consulate for an in-person interview. The officer verifies identity, assesses whether the marriage is genuine, and screens for grounds of inadmissibility. Expect questions about how the couple met, the relationship history, daily routines, and plans in the United States. If approved, the consulate keeps the passport briefly to insert the visa foil and returns it, usually within a few days.
Sometimes the officer places a case in “administrative processing” under Section 221(g) rather than deciding on the spot. That isn’t a denial; it’s a delay for extra documents or security review that can add weeks to months.
If the visa is denied, the officer identifies the section of law that makes the applicant ineligible. Reapplying with a new application and fees is possible in many cases.14U.S. Department of State. Visa Denials For some ineligibilities, Form I-601 can request a waiver from USCIS, but not every ground has an available waiver, and the ones that do are discretionary.15U.S. Citizenship and Immigration Services. I-601, Application for Waiver of Grounds of Inadmissibility For immigrant visas, a waiver generally requires showing that a qualifying U.S. citizen or permanent resident relative would suffer extreme hardship if the applicant couldn’t immigrate.
What It Costs
Fees come at different stages and add up quickly. The major government fees include:
- Form I-130 filing fee: $675 when filed at a U.S. embassy or consulate. The fee when filed directly with USCIS may differ for online versus paper filing; check the USCIS fee schedule (Form G-1055) for the current amount.16U.S. Department of State. Fees for Visa Services
- Immigrant visa application processing fee: $325 per person for family-based cases.16U.S. Department of State. Fees for Visa Services
- Affidavit of Support review fee: $120 when reviewed domestically.16U.S. Department of State. Fees for Visa Services
- USCIS Immigrant Fee: paid online after visa approval; covers production of the physical green card. Check the USCIS fee schedule for the current amount.17U.S. Citizenship and Immigration Services. USCIS Immigrant Fee
- Medical examination: fees vary by country and physician, commonly several hundred dollars. USCIS doesn’t regulate what panel physicians or civil surgeons charge.18U.S. Citizenship and Immigration Services. Finding a Medical Doctor
Between filing fees, medical costs, passport photos, certified translations, and document procurement, most couples should expect at least $1,200 to $1,500 in government fees alone, with total out-of-pocket costs higher once exams and certified document fees are factored in.
What Can Stop Approval
Even with an approved I-130 and a qualifying sponsor, the foreign spouse can be denied a visa under the grounds of inadmissibility in federal law. The most common categories that catch spousal visa applicants:
- Health-related grounds: a communicable disease of public health significance, missing required vaccinations, a physical or mental disorder that poses a safety threat, or substance abuse.13Office of the Law Revision Counsel. 8 U.S.C. 1182 – Inadmissible Aliens
- Criminal grounds: a conviction involving moral turpitude, any controlled substance violation, or multiple convictions with combined sentences of five years or more.13Office of the Law Revision Counsel. 8 U.S.C. 1182 – Inadmissible Aliens
- Fraud or misrepresentation: providing false information to obtain a visa or other immigration benefit is a lifetime bar and does not expire.
- Prior immigration violations: unlawful presence for more than 180 days can trigger a three-year or ten-year bar to reentry, depending on the length of the overstay.
Some grounds can be waived through Form I-601. Health-related issues other than substance abuse are often the easiest to resolve because completing vaccinations or treatment cures the problem. Criminal and fraud-related grounds are much harder and require demonstrating extreme hardship to a qualifying U.S. relative.
Marriage Fraud
Knowingly entering a marriage to evade immigration law carries up to five years in federal prison, a fine of up to $250,000, or both, and that penalty applies to the U.S. citizen or resident participant as much as to the foreign spouse.19Office of the Law Revision Counsel. 8 U.S.C. 1325 – Improper Entry by Alien A fraud finding also makes the foreign spouse permanently inadmissible. The conditional residency period exists in large part to police this risk. Couples in genuine marriages have nothing to fear, but they should still prepare thoroughly so nerves or a forgotten detail don’t create the wrong impression.
Removing Conditions After a CR1
A CR1 spouse holds a two-year conditional green card. Before it expires, the couple files Form I-751, Petition to Remove Conditions on Residence, to convert to full permanent resident status. The filing window opens exactly 90 days before the conditional residence expires, and filing too early can result in rejection.20U.S. Citizenship and Immigration Services. I-751, Petition to Remove Conditions on Residence
The joint petition includes evidence that the marriage has continued to be genuine: updated joint financial accounts, shared lease or mortgage records, insurance documents, and other proof of a shared life. Approval brings a standard ten-year green card.
Missing the 90-day window can cost the spouse permanent resident status. If the marriage has ended by divorce, if the conditional resident was abused during the marriage, or if the U.S. citizen spouse has died, the foreign spouse can request a waiver of the joint filing requirement and file alone.20U.S. Citizenship and Immigration Services. I-751, Petition to Remove Conditions on Residence