What Is a Spouse Visa? Eligibility, Process, and Costs

A spouse visa is the immigrant visa that lets the husband or wife of a U.S. citizen or lawful permanent resident move to the United States and live there as a green card holder. Officially it is the IR1 or CR1 immigrant visa. If the marriage is less than two years old when the foreign spouse enters the country, the visa is issued as a CR1 and the resulting green card is conditional for two years. If the marriage is older than two years at entry, the visa is issued as an IR1 and the green card is unconditional from day one.¹

Who Can File the Petition

Only a U.S. citizen or lawful permanent resident can start the process by filing the petition for a foreign spouse.² Which one you are changes the timeline dramatically.

A U.S. citizen’s spouse is an “immediate relative.” There is no annual cap on those visas, so the case moves as fast as the agencies can process it. A permanent resident’s spouse falls into the F2A preference category, which is capped. As of early 2026, priority dates in F2A for most countries reflect roughly a two-year backlog, with longer waits for applicants from Mexico.³ If the petitioning permanent resident naturalizes while the case is pending, it automatically upgrades to immediate relative status and skips the wait.

What Makes the Marriage Qualify

Two things must be true. The marriage must be legally valid where it took place, and it must be genuine.

Legal validity means a civil marriage certificate, plus proof that every prior marriage of either spouse legally ended.² Missing divorce decrees are a common reason petitions get denied, no matter how real the current relationship is.

A bona fide marriage is one the couple actually lives. Evidence includes joint bank accounts, shared leases or mortgages, insurance policies naming each other, utility bills at a shared address, photographs across time, and sworn statements from people who know you as a couple. Variety matters more than volume. A file that is only a marriage certificate and a handful of photos is where cases start running into trouble.

Marriage fraud carries up to five years in federal prison, a fine of up to $250,000, or both, and the foreign spouse can be permanently barred from future immigration benefits.⁴

Financial Sponsorship: The I-864

Every family-based immigrant petition requires the petitioner to sign Form I-864, Affidavit of Support. It is a legally enforceable contract with the federal government, not a formality.⁵ Without an adequate affidavit, the visa is denied under the public charge ground of inadmissibility.⁶

The sponsor must show household income at or above 125% of the Federal Poverty Guidelines. Active-duty members of the U.S. Armed Forces sponsoring a spouse or child only need to hit 100%.⁵ For 2026, a household of two needs at least $27,050 in annual income to clear the 125% threshold.⁷ Each additional person in the household raises the required figure.

Household size for the I-864 is broader than who lives at your address. It counts the sponsor, their spouse, all dependent children under 21, everyone claimed on the sponsor’s most recent tax return, the person being sponsored now, and any immigrant the sponsor previously agreed to support whose obligation has not yet ended.⁵ Undercounting is one of the most common reasons affidavits get rejected.

If Your Income Falls Short

You have two options. A household member (an adult child or parent living with you, for example) can pool their income with yours by signing Form I-864A. Or a joint sponsor can file a separate I-864. A joint sponsor must be a U.S. citizen or permanent resident, at least 18, living in the United States, and independently meet the 125% threshold on their own. They do not need to be related to either spouse.⁵ Up to two joint sponsors may file, and the petitioner remains on the hook financially alongside them.

How Long the Obligation Lasts

Signing the I-864 does not end when your spouse gets a green card. The obligation continues until the sponsored immigrant becomes a U.S. citizen, is credited with 40 qualifying quarters of work (roughly ten years), dies, or permanently leaves the country and abandons lawful resident status.⁵ Divorce does not end it. If the sponsored immigrant receives means-tested government benefits during that period, agencies can sue the sponsor for reimbursement.

The Two Paths to the Green Card

Where your spouse is living when the process starts determines the route.

Consular Processing (Spouse Abroad)

This is the traditional CR1/IR1 path. The U.S. citizen or LPR files Form I-130 with USCIS. After approval, the case moves to the National Visa Center for fee payment and document review, then to a U.S. embassy or consulate abroad for the interview. Your spouse enters the country as a permanent resident once the visa is issued.

Adjustment of Status (Spouse Already in the U.S.)

If your spouse is already in the United States after a lawful admission or parole, they may be able to adjust status without leaving. The citizen files Form I-130 and the spouse simultaneously files Form I-485, Application to Register Permanent Residence. Concurrent filing is always available to immediate relatives of U.S. citizens because visa numbers are unlimited in that category.⁸

The practical advantage is that your spouse can apply for work authorization while the case is pending⁹ and stay with you through processing rather than waiting overseas. To qualify, they must have been inspected and admitted or paroled, be physically present when filing, and be admissible for permanent residence.¹⁰

Documents to Gather Early

The paperwork overlaps whichever path you take. Missing documents are one of the top reasons cases stall.

The petitioner’s proof of status: U.S. passport, birth certificate, naturalization certificate, or valid green card.
Civil marriage certificate from the government where the marriage took place.
Divorce decrees, annulment orders, or death certificates for any prior spouses of either party.
Passport-style photographs of both spouses.
Financial evidence for the I-864: the sponsor’s most recent federal tax return with W-2s, six months of pay stubs, and an employer letter.
Evidence of a bona fide marriage: joint accounts, shared leases or mortgages, insurance beneficiary designations, utility bills at the same address, photos across time, and sworn affidavits from family or friends.

Any document not in English needs a certified translation. Names on documents must match names on identification. Small discrepancies generate Requests for Evidence that add months to the case.¹¹

If your spouse has children from a previous relationship, you must file a separate I-130 for each child. They do not ride along on the parent’s petition. Each child must be unmarried and under 21 when the petition is filed, and for a stepchild, the marriage creating the relationship must have happened before the child turned 18.¹²

The Consular Path, Step by Step

The State Department does not publish average processing times and cautions against making final travel plans, quitting jobs, or selling property until the visa is actually issued.¹

File the I-130

The petitioner files Form I-130 with USCIS online or by mail. The filing fee is $675.¹³ USCIS confirms the petitioner’s status and the validity of the marriage. If approved, the case transfers to the National Visa Center.

Pay Fees and Submit Documents at the NVC

At the NVC, you pay the immigrant visa application processing fee of $325 and the Affidavit of Support review fee of $120.¹³ Both are paid online through the Consular Electronic Application Center and cannot be paid at the embassy.¹⁴ You then upload the civil documents and the completed I-864. Once the file is complete, the NVC schedules the interview at the embassy or consulate in your spouse’s country.

Complete the Medical Exam

Before the interview, your spouse must be examined by a panel physician approved by the embassy. The exam screens for health conditions that would make the applicant inadmissible and confirms required vaccinations.¹⁵ Results usually take up to 96 hours. The physician either sends results directly to the embassy or hands over a sealed envelope for the interview. Do not open that envelope.

Attend the Interview

A consular officer reviews original documents and asks questions to test whether the marriage is genuine. Expect questions about how you met, daily routines, living arrangements, and future plans. Short courtships, wide age gaps, and limited in-person time together tend to draw extra scrutiny, and officers may interview each spouse separately to compare answers. If approved, your spouse receives a passport stamp and a sealed packet of documents to present at the U.S. border. If the officer requests additional administrative processing, the case is delayed with no firm timeline.

Enter the U.S. and Pay the Immigrant Fee

At the port of entry, Customs and Border Protection conducts a final inspection before admitting the immigrant. After entry, the new resident pays the USCIS Immigrant Fee of $235 online before the physical green card is printed and mailed.¹⁶ The card typically arrives within 90 days. Until then, the visa stamp in the passport serves as proof of lawful resident status.

What It Costs

For a standard consular processing case, the main government fees are:

I-130 petition filing fee: $675¹³
Immigrant visa application processing fee: $325
Affidavit of Support review fee: $120
USCIS Immigrant Fee: $235¹⁶
Medical examination: varies by country and physician, typically $150 to $400, plus any additional vaccinations

Government fees total roughly $1,355 before the medical exam. Add certified translations, travel to the embassy, and any attorney fees, and most couples spend well over $2,000. USCIS periodically adjusts fees for inflation, so check the current schedule before filing.

Removing Conditions on a CR1 Green Card

This is the part people forget, and missing it is devastating. If the marriage was less than two years old when your spouse entered the country, the green card is conditional and expires two years after issuance.

The couple must jointly file Form I-751, Petition to Remove Conditions on Residence, during the 90-day window immediately before the conditional residence expires. If the I-751 is not filed, your spouse automatically loses permanent resident status on the two-year anniversary and becomes removable from the United States.¹⁷ Late filings may be excused if you can show extraordinary circumstances beyond your control and that the length of the delay was reasonable. That is a high bar. Set the calendar reminder early.

If the marriage ended in divorce or the immigrant spouse experienced abuse, the foreign spouse can file the I-751 alone with a waiver of the joint filing requirement. Individual petitions can be filed any time after conditional residence is granted, without waiting for the 90-day window.¹⁷

If the Petition Is Denied

A denied I-130 is not necessarily the end. The petitioner generally has 33 days from the date the denial notice is mailed to file an appeal with the Board of Immigration Appeals using Form EOIR-29, or to file a motion to reopen (new evidence) or a motion to reconsider (legal error) with the same USCIS office.¹⁸ Only the petitioner has standing to file. Filing fees already paid are not refunded.

Denials at the consular interview are different. Consular decisions generally are not appealable through the same administrative channels, though the officer should explain the grounds for refusal and whether additional documentation can overcome the issue.

A Word on the K-3 Visa

You may see the K-3 nonimmigrant visa mentioned in older guides. It was created to let spouses enter the U.S. while the I-130 was pending, but USCIS processing times have leveled out and once the I-130 is approved the applicant is no longer eligible for a K-3. The State Department rarely issues them.¹⁹ For nearly all couples, the CR1/IR1 immigrant visa or adjustment of status is the faster and cleaner option.

1
U.S. Department of State. Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)
2
eCFR. 8 CFR 204.2 – Petitions for Relatives, Widows and Widowers, and Abused Spouses and Children
3
U.S. Department of State. Visa Bulletin for March 2026
4
Office of the Law Revision Counsel. 8 USC 1325 – Improper Entry by Alien
5
U.S. Citizenship and Immigration Services. Form I-864 Instructions for Affidavit of Support Under Section 213A of the INA
6
Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens
7
HHS ASPE. 2026 Poverty Guidelines – 48 Contiguous States
8
U.S. Citizenship and Immigration Services. Concurrent Filing of Form I-485
9
U.S. Citizenship and Immigration Services. Employment Authorization Document
10
U.S. Citizenship and Immigration Services. Green Card for Immediate Relatives of U.S. Citizen
11
U.S. Citizenship and Immigration Services. I-130, Petition for Alien Relative
12
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 6, Part B, Chapter 2 – General Eligibility Requirements
13
U.S. Department of State. Fees for Visa Services
14
U.S. Department of State. NVC Fee Payment FAQs
15
U.S. Department of State. The Immigrant Visa Process – Step 10 Prepare for the Interview
16
U.S. Citizenship and Immigration Services. USCIS Immigrant Fee
17
U.S. Citizenship and Immigration Services. Form I-751 Instructions for Petition to Remove Conditions on Residence
18
U.S. Citizenship and Immigration Services. Questions and Answers – Appeals and Motions
19
U.S. Citizenship and Immigration Services. K-3/K-4 Nonimmigrant Visas