For many of us, the dream of building a life with our partner in a new country means everything. Maybe you just got married, or you’ve been doing the long-distance dance for what feels like forever. The excitement of finally being together in the United States is real, but the thought of navigating immigration laws, filling out all those forms, and enduring the endless waiting can feel overwhelming.
At Remitly, we know that bringing your family together is often the biggest, most personal part of making a new country feel like home. That’s why we’re here to help you cut through the confusion. This guide will walk you through everything you need to know about US spousal visas: what they are, who can apply, what paperwork you’ll need, and the application process.
What is a spousal visa?
A spousal visa is your pathway to permanent residency in the US, made possible by your marriage to a US citizen or current lawful permanent resident (LPR). It’s a family-based visa, helping you and your loved one build a life together.
Your two main paths to a US spousal visa
When we talk about visas for spouses, there are typically two main scenarios, depending on where your spouse is right now. As the US spouse, if your partner is living outside the US, they’ll apply for an immigrant visa at a US embassy or consulate in their home country. This might be an IR1 visa if you’ve been married for two years or more, or a CR1 visa if you’ve been married for less than two years.
If your spouse is already in the US on another type of visa, like a tourist or student visa, and you’ve recently married, they might be able to adjust their status to a lawful permanent resident without leaving the country. This path, known as Adjustment of Status (AOS), can be a great option, especially if they entered the US legally and your marriage is legitimate.
Who can apply for a spousal visa?
For the US-based sponsor
As the US spouse, you’re playing a really important role in this journey. First, you need to be either a US citizen or a lawful permanent resident (a Green Card holder).
Next, you’ll need to prove you can financially support your spouse. This is done through something called an Affidavit of Support (Form I-864). The idea is to show the US government that your incoming spouse won’t need public assistance. You’ll typically need to show an income that’s at or above 125% of the federal poverty guidelines for your household size.
Don’t worry if your income alone isn’t quite there; sometimes, you can use assets or even get a co-sponsor, like a family member, to help meet this requirement. Finally, you need to have a residence in the US, or at least show that you plan to re-establish your home here by the time your spouse immigrates, if you’re currently living abroad.
For the foreign national spouse
As the spouse who’s looking to immigrate, the most important thing you’ll need to have is a valid marriage that’s recognized where it happened.
Beyond that, you can’t have any major “inadmissibility grounds,” which generally means no serious criminal history, past immigration issues, or certain health conditions that would prevent you from entering the US.
What documents you’ll need for your spousal visa
Gathering all the right documents can feel like a scavenger hunt, but trust us, it’s one of the most important parts of your spousal visa journey. Being super organized here will make everything much smoother and help avoid any frustrating delays.
Proof of who you are and your marriage
First, you’ll need to show proof of your US citizenship status as the sponsor. This includes your US birth certificate, passport, naturalization certificate, or your Green Card.
Then, for your marriage itself, you’ll need your original marriage certificate. If either of you were married before, you’ll also need divorce decrees or death certificates to prove that those marriages officially ended. It’s all about confirming your current marriage is legally valid.
Showing your relationship is real
This is a big one, and it’s where you get to show off your love story. The US government wants to see that your marriage is genuine and not just for immigration purposes.
The more evidence you can provide, the better. Think about anything that shows you share a life together. This could include joint financial documents like bank accounts, shared credit cards, joint tax returns, or shared utility bills.
Beyond finances, you can show proof of your shared life with things like photos of you together over time (bonus points for dates and locations), evidence of travel you’ve done together (like tickets or hotel bookings), or even old letters, emails, and chat logs that show your ongoing communication.
If you have children together, their birth certificates are also strong evidence of your relationship. You can even get affidavits from friends and family who know you as a couple.
Financial and identification documents
As the sponsor, you’ll need to provide financial documents to show you can support your spouse. This usually means your most recent federal income tax returns, pay stubs, employment verification letters, and maybe bank statements or property deeds if you’re using assets.
For your spouse who’s applying, they’ll need their valid passport, birth certificate, and visa photos. They’ll also undergo a medical examination.
Don’t forget the forms
Finally, there’s a set of official completed forms you’ll need, including:
- Form I-130, Petition for Alien Relative (filed by you, the sponsor)
- Form I-485, Application to Register Permanent Residence or Adjust Status (if your spouse is already in the US)
- Form DS-260, Immigrant Visa Electronic Application (if they’re applying from abroad)
- Form I-864, Affidavit of Support (from you, the sponsor)
- Form I-765, Application for Employment Authorization
- Form I-131, Application for Travel Document, at the same time
The spousal visa application process
The spousal visa requirements journey can feel a bit like a marathon, with lots of steps along the way. While the exact details might change slightly depending on whether your spouse is applying from abroad (this is called consular processing) or already in the US and adjusting their status, the main stages tend to follow a clear pattern.
Step 1: Kicking things off with form I-130
Your first big step is for you, as a US citizen, to file Form I-130, Petition for Alien Relative, with US Citizenship and Immigration Services (USCIS). This form establishes your legitimate marriage. You’ll include proof of your US status and initial marriage evidence.
Step 2: From approval to the next stage
Once USCIS approves your Form I-130, your case moves forward. If your spouse is abroad, the approved petition goes to the National Visa Center (NVC) for more documents and fee collection. If your spouse is already in the US, your case continues with USCIS, often moving directly into the Adjustment of Status process if you filed Form I-485 concurrently.
Step 3: Gathering everything else
This stage is all about pulling together every last supporting document, including financial records, proof of your relationship, birth certificates, police certificates, and so on.
Step 4: The visa interview
This is where immigration officials confirm all your information and verify your marriage. If your spouse is abroad, they’ll have an interview at the US embassy in their home country. If they’re adjusting status in the US, both of you will usually attend an interview at a USCIS field office.
Step 5: The final decision
After the interview, a decision is made. For those applying from abroad, if approved, the visa is stamped into your spouse’s passport, allowing them to travel to the US and become a permanent resident upon entry. If your spouse is adjusting status in the US and is approved, they’ll receive their Green Card (Form I-551) in the mail.
What about timelines and fees?
The total processing time can range from 10-18 months to over 2 years, depending on your specific case and agency workloads. Government fees vary, but typically range from about 1,500 USD to over 2,500 USD per applicant (not including attorney fees or travel).
At the time of writing, approximate fees include:
- Form I-130: 675 USD
- Adjustment of Status: 1,000 USD
- Immigrant Visa Application: 325 USD
- USCIS Immigrant Fee: 235 USD
- Medical exam: 250 USD – 6500 USD
Common hurdles on your spousal visa journey
The path to a visa for your spouse, while incredibly rewarding, isn’t always a perfectly smooth one, and you might come across some challenges. Knowing what to watch out for can make your journey a lot less stressful.
Staying ahead of potential snags
One of the most common reasons for slowdowns is insufficient or incomplete documentation. It’s easy to miss a tiny detail, but even one missing form can put your application on hold. Our best tip is to create a very detailed checklist based on the official instructions for every single form, and use a good folder system.
Immigration agencies can sometimes have backlogs, and unforeseen events can cause things to slow down. If you can, apply as early as possible. Keep an eye on the USCIS and NVC online processing times, but remember these are just estimates.
Proving your genuine connection
Immigration officers are trained to spot fraudulent marriages, so you’ll need to provide compelling evidence that your marriage is genuine and ongoing. Don’t just rely on your marriage certificate alone. Gather as much as you can from your time together, even if it seems irrelevant.
When life throws a curveball
Life happens, and sometimes changes in circumstances can affect your application, like a new job, a move, or a new baby. If there are any significant changes to your income, address, or family makeup after you’ve filed, make sure to inform USCIS or the NVC right away.
Feeling prepared for your interview
Finally, the interview itself can be nerve-wracking, and even small differences in answers might raise questions. Our advice is to be honest and consistent in your responses. Take some time to review your entire application thoroughly beforehand. It can even help to practice discussing your relationship history and shared life with your spouse. Just remember, the officer is simply trying to understand your genuine connection.
What life looks like with your spousal visa
Once your spousal visa is approved, it’s like unlocking a whole new chapter for your life in the US.
Understanding your Green Card: Conditional vs. Permanent
If you received a CR1 visa (married less than two years when granted), you’ll get a conditional green card for two years. Before it expires, you and your spouse will file Form I-751 to prove your marriage is still genuine. Once approved, you’ll receive your 10-year permanent green card. Then you’ll renew it every decade, granting full permanent residency.
Your new life: Work, study, and travel
Holding a US green card opens up so many doors. You can live anywhere in the US and are generally authorized to work for any employer without a separate permit. If you’re looking to learn new things, you can easily enroll in colleges or universities. Plus, you’ll enjoy the freedom to travel freely in and out of the US.
Building your future: Sponsoring family and citizenship
Further down the line, usually after about five years as a green card holder, you might even be able to sponsor other eligible family members for their own green cards. And for many, the ultimate goal is the pathway to citizenship. Generally, after three years as a green card holder (if you’re still married to your US citizen spouse), you become eligible to apply for US citizenship through naturalization.
FAQ
Can I apply for a spousal visa if we just got married?
Yes, absolutely! As long as your marriage is legally recognized in the place it occurred, you can apply. If you’ve been married for less than two years when the visa is issued, you’ll likely receive a conditional green card (CR1).
How long does it take to process a spousal visa?
Processing times vary significantly, from a few months to over two years. It depends on factors like the country of origin, the specific USCIS field office or embassy, and the current workload of immigration agencies. Checking current processing times on the USCIS website is always a good idea.
Can my spouse work on a spousal visa?
Yes, once your spouse becomes a permanent resident, they are authorized to work for any employer in the US. While waiting for Adjustment of Status, they can apply for an Employment Authorization Document (EAD).
What evidence is needed to prove a genuine marriage?
Strong evidence includes joint bank accounts, shared leases or property deeds, joint tax returns, utility bills in both names, photographs together over time, travel itineraries, and correspondence (emails, texts). Affidavits from friends and family who can attest to your relationship are also helpful.
Can we apply for a spousal visa from within the US?
Yes, if the foreign spouse is already in the US legally, they might be eligible to apply for Adjustment of Status (Form I-485). This allows them to get their green card without leaving the US.