To get a spouse visa for a US citizen’s foreign husband or wife, the U.S. citizen files Form I-130 with U.S. Citizenship and Immigration Services, and once approved the case moves either to a U.S. embassy abroad (consular processing) or to a USCIS office inside the country (adjustment of status) for a medical exam, interview, and green card. Because spouses of U.S. citizens count as immediate relatives, there is no annual cap and no waiting list. Most couples reach a green card in roughly 12 to 18 months.1U.S. Department of State. Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)
CR1 or IR1: Which Visa Your Spouse Receives
The category turns on one date: how long you have been married on the day your spouse enters the United States. Less than two years married on arrival means a CR1 (Conditional Resident) visa. Already past your second anniversary means an IR1 (Immediate Relative) visa.
The difference matters. A CR1 holder gets a two-year green card and later has to file a joint petition with the U.S. citizen spouse to remove those conditions before the card expires. The conditional period exists in federal law to screen out marriages entered solely for immigration benefits.2Office of the Law Revision Counsel. 8 USC 1186a – Conditional Permanent Resident Status for Certain Alien Spouses and Sons and Daughters An IR1 holder skips that step and receives a standard ten-year green card on arrival.
Both categories let your spouse live and work anywhere in the U.S. immediately, and neither is subject to the numerical caps that create years-long backlogs in other family categories.3Office of the Law Revision Counsel. 8 USC 1151 – Worldwide Level of Immigration
Where Your Spouse Lives Decides the Path
If your spouse is outside the United States, the case eventually transfers to a U.S. embassy or consulate abroad for the interview and visa issuance. This is consular processing, and it is the route most sponsoring couples follow.
If your spouse is already inside the country and entered lawfully, they can usually apply for a green card without leaving, through adjustment of status. You file Form I-130 and Form I-485 together, which USCIS calls “concurrent filing.” Because spouses of U.S. citizens are immediate relatives with no visa backlog, concurrent filing is always available.4U.S. Citizenship and Immigration Services. Concurrent Filing of Form I-485
Adjustment of status has one real advantage: while the I-485 is pending, your spouse can apply for a work permit and advance travel authorization. The trade-off is that leaving the country without advance parole generally counts as abandoning the application.5U.S. Citizenship and Immigration Services. While Your Green Card Application Is Pending with USCIS The I-485 filing fee is currently $1,440, on top of the I-130 fee.
Filing the I-130 Petition
Every spousal case starts when the U.S. citizen files Form I-130, Petition for Alien Relative.6U.S. Citizenship and Immigration Services. I-130, Petition for Alien Relative You also complete Form I-130A, which asks for additional biographical detail about your spouse. Both forms want full legal names, any aliases ever used, and a five-year history of addresses and employers.7U.S. Citizenship and Immigration Services. Form I-130 – Petition for Alien Relative
To prove citizenship, include a copy of one of the following: your U.S. birth certificate, valid U.S. passport, certificate of naturalization, or certificate of citizenship. Include your civil marriage certificate. If either spouse was previously married, include the divorce decree, annulment order, or death certificate that ended that earlier marriage.
Any document in a foreign language needs a certified English translation. The translator signs a statement that they are competent in both languages and that the translation is complete and accurate, with their name, address, and the date.8U.S. Department of State. Information about Translating Foreign Documents Certified translations of civil documents usually run $25 to $80 through professional services.
You can file online or by mail. After accepting the petition, USCIS mails Form I-797C as a receipt.9U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action Fill in every field. Where a question does not apply, write “N/A”; where the answer is nothing, write “None.” Mismatched dates or misspelled names across documents are one of the most common reasons USCIS asks for additional evidence, and each round adds weeks.
Proving the Marriage Is Real
USCIS and consular officers need to see that the marriage is genuine and not built for immigration benefits. This is the part of the case that gets the closest scrutiny, and it is where thin filings fail. Strong evidence of a shared life includes:
- Joint bank account statements, shared credit cards, joint tax returns, or a mortgage in both names
- A lease or deed listing both spouses, utility bills at the same address, or mail addressed to both of you
- Health or life insurance policies naming your spouse as a beneficiary
- Phone logs, messaging history, or travel itineraries showing visits
- Photos together over time, especially at family events, holidays, or with each other’s relatives
- Signed affidavits from friends or family who can speak to the relationship from personal knowledge
Volume and variety both matter. A file with different kinds of evidence from different time periods sends a stronger signal than a few bank statements. Marriage fraud is a federal crime punishable by up to five years in prison and a fine of up to $250,000.10Office of the Law Revision Counsel. 8 USC 1325 – Improper Entry by Alien
The Affidavit of Support
Every spousal visa requires the U.S. citizen to file Form I-864, Affidavit of Support. It is a legally binding promise that you will financially support your spouse so they do not rely on government assistance. The obligation lasts until your spouse becomes a U.S. citizen, earns 40 qualifying quarters of work, permanently leaves the country, or dies.
You must show household income of at least 125% of the federal poverty guidelines. For a two-person household in the 48 contiguous states, that threshold is roughly $24,650 a year as of early 2026, and it adjusts annually. Larger households need proportionally more.11U.S. Citizenship and Immigration Services. HHS Poverty Guidelines for Affidavit of Support Active-duty military members sponsoring a spouse only need to meet 100% of the guidelines.
If your income falls short, you can count certain assets (savings, stocks, property) at five times the gap between your income and the required threshold. A joint sponsor can also step in. A joint sponsor must be a U.S. citizen or lawful permanent resident, at least 18, and domiciled in the United States. They file their own I-864 and become equally liable for supporting your spouse. No more than two joint sponsors can participate in one case.12U.S. Citizenship and Immigration Services. Form I-864 Instructions for Affidavit of Support Under Section 213A of the INA
If your spouse later receives means-tested public benefits like Supplemental Security Income, the government can sue both you and any joint sponsor to recover every dollar paid. The affidavit is a contract, not a formality.
After I-130 Approval: Fees, Forms, and the Interview
Once USCIS approves the I-130, the file moves to the National Visa Center. The NVC collects a $325 immigrant visa processing fee and a $120 affidavit of support review fee.13U.S. Department of State. Fees for Visa Services Your spouse completes Form DS-260 online, covering biographical information, travel history, education, work, and security questions.14U.S. Department of State. DS-260 Immigrant Visa Electronic Application – Frequently Asked Questions You upload civil documents and the I-864 through the NVC portal. Once the case is “documentarily qualified,” the NVC schedules an interview at the U.S. embassy or consulate.
Before the interview, your spouse has an immigration medical examination with a physician authorized by the U.S. government (a “panel physician” abroad, a “civil surgeon” inside the U.S.). The exam screens for communicable diseases and confirms required vaccinations, which include measles, mumps, rubella, polio, tetanus, pertussis, hepatitis B, and others recommended by the CDC’s Advisory Committee on Immunization Practices.15U.S. Citizenship and Immigration Services. Vaccination Requirements USCIS does not regulate what these physicians charge, so calling several to compare fees before booking is worth doing.16U.S. Citizenship and Immigration Services. Finding a Medical Doctor
At the interview, a consular officer questions your spouse about the marriage, the relationship history, and the paperwork. Bring originals of every document previously submitted. Officers watch for inconsistencies; if answers contradict the file or the evidence looks thin, the officer may hold the case for further administrative processing. Most straightforward cases are approved at the end of the interview.
The visa itself does not guarantee entry. At the U.S. port of entry, a Customs and Border Protection officer inspects the documents and decides whether to admit your spouse. On admission, the officer stamps and endorses the visa, which serves as temporary proof of permanent resident status for up to one year while the physical green card is produced. Your spouse then pays the USCIS Immigrant Fee online to trigger production of the card.17U.S. Citizenship and Immigration Services. USCIS Immigrant Fee
If Your Spouse Has Children
If your spouse has unmarried children under 21 from a previous relationship, those children can immigrate through the CR2 or IR2 classifications, following the same two-year marriage rule.18U.S. Department of State. 9 FAM 502.2 – Family-Based IV Classifications But federal law does not automatically extend derivative status to the children of immediate relatives, so you must file a separate I-130 for each child. Adopted children qualify only if the adoption was finalized before their 16th birthday. If a child turns 21 or marries during the process, they lose eligibility for this category entirely.
Removing Conditions After Two Years
If your spouse arrived on a CR1 visa, their green card expires after two years and the conditions must be removed to keep permanent resident status. You file Form I-751, Petition to Remove Conditions on Residence, jointly with your spouse during the 90-day window immediately before the card expires.19U.S. Citizenship and Immigration Services. When to File Your Petition to Remove Conditions
Filing too early gets the petition returned. Filing late requires a written explanation of good cause. Missing the deadline entirely can end permanent resident status and trigger removal proceedings. Along with the form, submit updated evidence that the marriage is still genuine: recent joint financial records, utility bills, a current lease or mortgage, and other proof of an ongoing shared life.
If the marriage has ended in divorce, if your spouse experienced domestic violence during the marriage, or if the U.S. citizen spouse has died, your spouse can request a waiver of the joint filing requirement and submit the I-751 alone.20U.S. Citizenship and Immigration Services. I-751, Petition to Remove Conditions on Residence A waiver petition can be filed at any time before the conditional status expires.
What About the K-3 Visa?
You may see references to the K-3 nonimmigrant visa, which was originally designed to let a spouse enter the U.S. while an I-130 was still pending. USCIS now processes I-130 petitions quickly enough that the K-3 is almost always unnecessary, and the Department of State rarely issues them anymore.21U.S. Citizenship and Immigration Services. K-3/K-4 Nonimmigrant Visas For nearly every couple, the CR1 or IR1 route described above is faster and leads straight to a green card without an added step.