US spouse visa
US spouse visa is possible through two methods: fiancée visa and marriage visa, each with its own specific requirements. Some of the most important conditions for immigration to the USA through marriage include:
- Your spouse must be a U.S. citizen or permanent resident (green card)
- Your marriage must be legal and genuine (marriages of convenience are prohibited)
- Both parties must be free to marry (single or divorced)
The U.S. marriage-based immigration process typically takes 12–18 months. A genuine marriage to a U.S. citizen or green card holder can lead to a green card and, after 3 years, U.S. citizenship. allowing the applicant to live and work in the U.S. Beware: sham marriages are a federal crime with serious penalties.
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Introduction to the US spouse visa
To immigrate to the USA through marriage, the individual must obtain a valid visa. Generally, if you are a U.S. citizen, there are two ways to bring a foreign spouse (husband or wife) to the USA for living. These methods are:
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Immigrant Visa for Spouse of a U.S. Citizen (IR1 or CR1)
To apply for immigration for foreign nationals, form I-130 is required.
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Non-immigrant Visa for Spouse (K-3)
It is essential to note that a non-immigrant visa application for a spouse (K-3) married to a U.S. citizen must be filed. After completing the visa processing and issuance, the spouse can travel to the United States to await the processing of their immigration visa case.
Types of U.S. Marriage Visas
The U.S. fiancée visa, known as the K visa, has different types.
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K-1 Visa (Fiancée Visa)
The K-1 visa allows foreign fiancées to travel to the United States and marry their U.S. citizen sponsor within 90 days of entry. The foreign citizen will then apply for adjustment of status to permanent residency through USCIS.
Since the fiancée visa allows the holder to immigrate to the USA and marry a U.S. citizen shortly after entering the USA, the primary party who is a U.S. citizen must meet certain immigrant visa requirements.
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K-2 Visa
The K-2 visa is a non-immigrant visa that can be used by the children of a K-1 visa fiancée to enter U.S. territory until an immigration visa is issued for them. Because a child obtains their immigration status through their parent, this type of visa is known as a K-1 derivative visa.
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K-3 Visa (Temporary Marriage Visa)
The K-3 visa allows the foreign spouse to move to the USA and migrate while awaiting approval of their immigration visa application. This applies to married couples where one party is a U.S. citizen and the other is from a foreign country.
Conditions for Immigration with US spouse visa
Immigration with US spouse visa is one of the most common ways to obtain permanent residency (green card). In this method, the individual marries a U.S. citizen or someone who has permanent residency in the USA. The main conditions for this type of immigration are as follows.
- Be a qualified U.S. citizen or green card holder
- Complete forms and submit documents
- An interview and demonstrate that your marriage is genuine and honest
- The marriage must be completely legal
- Be of legal age to marry and be unmarried
- Provide health and no criminal record certificates
Financial means to obtain a US spouse visa
To sponsor a spouse for a US spouse visa (CR1 or IR1), the U.S. citizen or green card holder must file Form I-864 and show an annual income of at least $25,550 in 2025 (125% of the poverty line for a household of two). For active military sponsors, the requirement is 100%. If income is insufficient, assets or a joint sponsor can be used to meet the financial criteria.
Age requirements for obtaining a US spouse visa
In the U.S., the legal marriage age is generally 18. However, individuals aged 16–17 can marry with parental or guardian consent. Marrying below 18 is not recommended, as it may lead to visa rejection and legal issues in some states. For immigration purposes, marriage above 18 is ideal to ensure eligibility and avoid complications.
Required Documents for US spouse visa
The required documents for US spouse visa are as follows:
- Valid passports of both parties
- 5×5 color photos of both people
- Green card or citizenship photo of the spouse
- Certificate of no criminal record of the parties
- Filling out embassy forms
- Fee paid to the US Embassy
- Translation of identity documents of the parties
All documents must be translated into English, certified, and submitted to the U.S. embassy in Dubai or nearby countries. After submission, applicants wait for an interview appointment. On the interview day, both spouses must attend and answer questions about their relationship. Additional documents or tests may be requested.
If approved, your passport will be returned with the immigration visa. With this visa, you can travel to the USA and receive your US green card at the border.
Steps for US spouse visa
When a US citizen wishes to marry a non-US citizen, they must first apply for a US fiancé visa. To do this, they must apply for a K-1 visa, which is valid for 90 days and allows the person to enter the United States for 90 days to perform the marriage ceremony. Below, we will discuss the general steps for immigration to the US through marriage.
- Legally Approve Marriage
To prevent misuse, applicants must prove that their marriage is real and not solely for the purpose of immigration. Documents such as photos together, joint financial records, or statements from family and friends are provided.
- Petition for Alien Relative
The spouse of a U.S. citizen or permanent resident must submit form I-130 to the U.S. Citizenship and Immigration Services (USCIS). This form includes information about both spouses and supporting documents to prove the relationship.
- Review Application by USCIS
Processing the application may take several months. After approval, the case is sent to the National Visa Center (NVC). Following USCIS approval, the applicant receives a case number necessary for tracking subsequent steps.
- Apply for Immigrant Visa or Change of Status
They must submit a request for the CR1 or IR1 visa (for the spouse) to the U.S. embassy or consulate in their country of residence. They may fill out form I-485 for adjustment of status to permanent residency (green card).
- Interview
Couples must attend the interview to answer questions regarding their marriage and shared life. This stage is critical for verifying the authenticity of the marriage. For more information, you can visit the U.S. embassy website at https://www.uscis.gov/.
- Receive Visa or Green Card
If the marriage was registered less than two years prior, a CR1 (conditional) visa will be issued. If it has been more than two years, an IR1 (permanent) visa will be granted. After arriving in the USA, the applicant can receive their green card.
Vaccination and Medical Examination for US spouse visa
To receive a marriage immigration visa (CR1 or IR1), the applicant must undergo a medical examination by an embassy-authorized doctor. This examination requires the presentation of vaccination records. Required vaccinations include: Hepatitis A and B, influenza, measles, mumps, rubella, polio, whooping cough, diphtheria, tetanus, chickenpox, and meningococcal disease. As of January 2025, the COVID-19 vaccine is no longer required for immigration examinations.
US spouse Visa Interview
The US spouse visa interview is a critical stage in the process of obtaining a green card. The primary aim of this interview is to evaluate the validity and authenticity of the marital relationship. Questions typically focus on the history of acquaintance, daily life, future plans, and details of the couple’s shared life. The interview is conducted by a consular officer at the embassy or by a USCIS officer within the USA.
Processing Time for US spouse visa
The processing time for a marriage visa depends on various factors:
- Application from outside the USA (CR1/IR1): The average processing time is about 14.3 months.
- Application from inside the USA (adjustment of status): The average processing time is about 9.3 months.
Validity of US spouse visa
Once issued, marriage immigrant visas typically remain valid for 6 months. The visa holder must enter the USA within this timeframe. After entering, a green card is issued, the validity of which depends on the type of visa:
- CR1: Conditional green card valid for 2 years.
- IR1: Permanent green card valid for 10 years.
Obtaining Residency Through US spouse visa
Individuals who intend to immigrate to the USA through marriage and have married a U.S. citizen can apply for permanent residency and then citizenship through US spouse visa once they have received their fiancée and marriage visas and U.S. authorities have approved their marriage.
If you marry a U.S. citizen or green card holder and plan to live in the U.S., you can apply for permanent residency through marriage. This green card allows you to live and work anywhere in the United States. Three years after receiving this residency, the applicant can apply for citizenship and US passport. In general, immigration to the USA through marriage and obtaining a green card occurs in three stages.
- Publication and Presentation of Marriage Contract (Completing Form I-130)
- Applying for a Green Card (Completing Forms I-485 or DS-260)
- Attend an Immigration Interview to Obtain a Green Card
Difference Between CR1 and IR1 Visas in the USA
The main difference between CR1 and IR1 visas lies in the duration of the couple’s marriage at the time the visa is issued:
- CR1 (Conditional Resident): For couples married for less than 2 years. This issued green card is conditional and valid for 2 years. After this period, they must apply to remove conditions and receive a permanent green card.
- IR1 (Immediate Relative): For couples married for over 2 years. This issued green card is permanent and valid for 10 years.
Absentee Marriage in the USA
Absentee marriage in the USA is a type of marriage where one or both parties are unable to physically attend the wedding ceremony, and a representative stands in for them during the ceremony and signs the relevant documents. Absentee marriage is not legal in all states in the USA.
Only a few states, including Montana, officially permit this type of marriage. In some cases, absentee marriage is only allowed under specific conditions such as military service.
Sham Marriage in the USA
Marrying a U.S. citizen is one of the fastest ways to immigrate, usually taking 6–9 months to receive a temporary green card. After two years, proof of a genuine marriage is required to obtain permanent residency. Immigration through marriage must be legal, as sham marriages are a federal crime with severe penalties. For safe immigration, consult a U.S. immigration attorney.
Obtaining U.S. Citizenship Through US spouse visa
Green card holders based on marriage can apply for citizenship after three years of permanent residence and living together with the U.S. citizen spouse. The main requirements include:
- Legal permanent residency (LPR) for at least 3 years.
- Living in marital union with the U.S. citizen spouse during this period.
- Physical presence in the USA for at least 18 months of these 3 years.
- Having good moral character, basic proficiency in the English language, and familiarity with U.S. history and civics.
If not living together with the U.S. citizen spouse, the applicant must have 5 years elapsed since receiving the green card to apply for U.S. citizenship.
Frequently Asked Questions About US spouse visa
- How long does it take to receive a green card through marriage in the USA?
After marrying a U.S. citizen, it takes about 6 to 9 months to receive a temporary green card, and then you have up to 2 years to provide proof of a real marriage to USCIS to receive your permanent residency and permanent green card.
- How long does it take to get a U.S. marriage visa?
Obtaining a U.S. marriage visa takes between 1 to 4 years depending on individual circumstances and specific administrative procedures.
- What considerations are necessary for marriage in a foreign country?
Presence in that country for a specified duration, blood tests, adherence to minimum marriage age, parental consent when needed, and documents ending previous relationships.
- What methods exist for immigrating a foreign spouse to the USA?
Immigrating a foreign spouse to the USA is possible through IR1 or CR1 visas and K-3 visas.
- What is the difference between K-1 and K-3 visas?
The K-1 visa is issued before marriage, whereas in the K-3 visa marriage has already occurred in another country.
