There is no single “US spouse visa” that applies to all situations. Instead, the visa options for spouses depend on whether the sponsoring spouse is a US citizen or a lawful permanent resident (LPR) and where the foreign spouse is applying from.
In this guide, we set out the routes to secure statu in the US on the basis of your marriage to either a US citizen or Green Card holder.
US spouse visa options
The process for applying for a spouse visa depends on the immigration status of the sponsoring spouse and whether the foreign spouse is applying from within or outside the United States.
For spouses of US citizens, there are two primary pathways. If the foreign spouse is already inside the United States and was lawfully admitted, they can apply for a green card (permanent residence) through adjustment of status by filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) together. If the spouse is outside the United States, they must go through consular processing after Form I-130is approved, applying for an IR-1 or CR-1 immigrant visa at a US embassy or consulate.
For spouses of lawful permanent residents, the process is similar but typically takes longer due to visa number availability. If the foreign spouse is inside the US, they must first have an approved Form I-130 and wait for a visa number before filing Form I-485 to adjust status. If the spouse is outside the US, they must wait for an available visa before proceeding with consular processing.
You Are a: | Your Spouse Is: | How to Apply |
---|---|---|
US Citizen | Inside the United States (through lawful admission or parole) | File Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time. |
US Citizen | Outside the United States | File Form I-130 (Petition for Alien Relative). Once approved, the petition is forwarded for consular processing, and the US consulate or embassy will provide details on the next steps for the visa interview. |
Green Card Holder (Permanent Resident) | Inside the United States (through lawful admission or parole) | File Form I-130 (Petition for Alien Relative). Once a visa number becomes available, submit Form I-485 (Application for Adjustment of Status) to apply for permanent residency. If the spouse did not have an immigration petition or labor certification before April 30, 2001, they must have maintained lawful status in the US to be eligible for adjustment of status. |
Green Card Holder (Permanent Resident) | Outside the United States | File Form I-130 (Petition for Alien Relative). Once approved and a visa becomes available, the petition is sent for consular processing, and the US consulate or embassywill provide instructions for the next steps. |
Not yet married?
If you are not yet married, you may consider the K-1 visa. The US fiancé visa allows your partner to come to the US to marry and live here with you. It is a temporary, nonimmigrant visa, meaning you will need to also consider what your spouse’s future immigration options will be once they are in the US under the K-1 visa.
K-1 visa holders have 90 days in which to get married and file form I-485 to adjust their status.
Visitor to spouse visa?
Adjusting status from a visitor visa to a souse visa is not impossible, but will require substantial evidence to support your request and why your circumstances have altered since the initial visitor visa application – for which intention to depart the US on visa expiry is a requirement.
Non-US nationals are required to apply to enter the US using the appropriate immigration route, whether as a fiance, or a spouse. The visitor route generally is only open for short term, visiting of relatives. If you are intending to visit your spouse and leave, you will need to evidence this intention both to the visa adjudicator and also expect to at the border.
Marrying a US visa holder
For a non-US spouse to join you as a US visa holder, they will need to secure permission either under a dependent visa, relying on you as the principal visa holder and your lawful status, or apply for a visa of their own.
For example, E-2 visa holders can bring spouses and dependant children as E-2 dependents. This is an extremely attractive route for spouses as they attain authorization to work in the US – which is not limited to the E-2 company.
The L-2 visa is for spouses and dependants of the L-1 intracompany transfer visa and spouses of H-1B visa holders can look at the H-4 visa.
The O-3 visa is open to spouses and dependants of O-1 visa holders who have evidenced extraordinary ability within their field of expertise or O-2 visa holders (key personnel of O-1 workers).
IR-1 and CR-1 Immigrant Visa
The IR-1 and CR-1 immigrant visas are for spouses of US citizens who wish to live permanently in the United States. The IR-1 visa is issued to spouses who have been married for more than two years at the time of approval, while the CR-1 visa is granted to those married for less than two years, providing conditional permanent residency for an initial period of two years.
To qualify, the US citizen must file Form I-130 (Petition for Alien Relative) with US Citizenship and Immigration Services (USCIS) to establish the relationship. The foreign spouse must undergo consular processing if they are outside the United States. Once Form I-130 is approved, the case is transferred to the National Visa Center (NVC), where additional documentation is required, including proof of the marital relationship, financial support evidence, and a medical examination.
The spouse must then attend an interview at a US embassy or consulate. If approved, they receive a visa that allows them to enter the United States as a lawful permanent resident. Those entering on a CR-1 visa must apply to remove conditions on their residency within 90 days before the two-year anniversary of their arrival. Successful completion of this process grants them a 10-year green card.
K-3 Visa
The K-3 visa is a nonimmigrant visa designed to allow the spouse of a US citizen to enter the United States while waiting for an immigrant visa petition to be processed. It is intended to shorten separation time between spouses but is less commonly used today because the IR-1/CR-1 visa process is often just as fast or faster.
To apply, the US citizen spouse must first file Form I-130 (Petition for Alien Relative) with USCIS. Once USCISissues a receipt notice, the sponsor can then file Form I-129F (Petition for Alien Fiancé(e)), even though this form is primarily used for fiancé(e) visas. Once approved, the foreign spouse applies for the K-3 visa at a US embassy or consulate, providing documentation such as proof of the marriage, police clearance certificates, and a medical examination report.
After entering the United States, the spouse must still complete the green card application process by filing Form I-485 (Application to Register Permanent Residence or Adjust Status) to obtain permanent residency. If Form I-130 is approved before or during the K-3 visa process, the spouse may instead proceed with consular processing for an IR-1 or CR-1 immigrant visa, rendering the K-3 visa unnecessary.
Green Card through Marriage
The process of applying for a Green Card through marriage will depend on whether you’re applying from within the US or from overseas, and whether your spouse is a US citizen or a US permanent resident.
To apply for a Green Card through marriage, the following requirements have to be met:
- If applying from outside the US, the applicant must be eligible to receive an immigrant visa.
- If applying from inside the US, the applicant must file Form I-485 (Application to Adjust Status), but only if a visa number is available for their category.
- The applicant must have been inspected and admitted or inspected and paroled into the US.
- The marriage must be legally valid and entered into in good faith, not solely for immigration benefits.
- The US citizen or LPR spouse must file Form I-130 (Petition for Alien Relative) on behalf of the foreign spouse.
- The foreign spouse must not be subject to any bars to adjustment of status and must be admissible to the US or eligible for a waiver of inadmissibility if necessary.
If you do not meet these requirements, it’s highly likely your application will be rejected, and as a result, you will lose your application fee. As such, it’s advisable to take professional guidance if you are concerned about eligibility before you submit your application.
Factor | Spouses of US Citizens (IR-1/CR-1 Visa) | Spouses of LPRs (F2A Visa Category) |
---|---|---|
Visa Availability | Always available (no backlog) | Subject to annual limits, waiting period required |
Adjustment of Status (If Inside U.S.) | Can file Form I-130 and Form I-485 together | Must wait for visa number before filing Form I-485 |
Consular Processing (If Outside U.S.) | Faster process, no backlog | Must wait for visa number before applying |
Processing Time | Generally faster | Can take years depending on visa backlog |
Automatic Upgrade if LPR Becomes a U.S. Citizen | Not applicable | Petition is upgraded to immediate relative (IR-1/CR-1)category, removing visa backlog |
Green card process for spouses of US citizens (IR-1/CR-1 visas)
Spouses of US citizens are classified as immediate relatives, meaning there is no cap on the number of visas issued each year. This allows for faster processing compared to spouses of LPRs.
If the foreign spouse is inside the US
If the foreign spouse is lawfully present in the US, they can file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status) concurrently. Because visas are always available for immediate relatives, this eliminates the need to wait for a visa number.
Once the application is submitted, the spouse must attend a biometrics appointment and may be required to complete a marriage-based Green Card interview at a local USCIS office. If the marriage is less than two years old at the time of approval, the spouse will receive conditional permanent residence (CR-1 visa category), requiring them to apply to remove conditions after two years.
If the foreign spouse is outside the US
If the foreign spouse is abroad, the US citizen must first file Form I-130 with USCIS. Once approved, the case is sent to the National Visa Center (NVC), where the foreign spouse submits additional documents and schedules a visa interview at a US embassy or consulate.
If the marriage is more than two years old at the time of visa approval, the spouse will receive a 10-year Green Card (IR-1 visa). If married for less than two years, the spouse will receive a CR-1 visa, requiring them to apply for permanent residence without conditions after two years.
Green card process for spouses of lawful permanent residents (F2A Visa Category)
Spouses of LPRs apply under the F2A family preference category, which is subject to annual visa limits. This means that before proceeding with adjustment of status or consular processing, the foreign spouse must wait for a visa number to become available.
If the foreign spouse is inside the US
A spouse of an LPR already in the US cannot file Form I-485 until a visa number becomes available. They must first wait for their priority date to become current based on the Department of State’s Visa Bulletin. If the priority date is current, they can then apply for adjustment of status.
If the LPR sponsor becomes a US. citizen while the petition is pending, the F2A petition is automatically upgraded to an IR-1/CR-1 petition. This removes the waiting period, allowing the spouse to immediately apply for adjustment of status or move forward with consular processing.
If the foreign spouse is outside the US
If the foreign spouse is abroad, the LPR sponsor must file Form I-130. Once the petition is approved, the spouse must wait for a visa number to become available before moving forward with NVC processing and an interview at a US consulate or embassy.
Unlike spouses of US citizens, spouses of LPRs cannot immediately apply for permanent residency upon petition approval due to the visa backlog. However, if the LPR sponsor becomes a US citizen during this time, the petition is upgraded, and the spouse no longer needs to wait for a visa number.
Decision when applying from inside the US (Adjustment of Status Process)
Once the visa number is available and Form I-485 is approved, the spouse will receive lawful permanent resident (LPR) status. Before approval, they must attend a biometrics appointment, complete a medical exam and, in most cases, participate in a Green Card interview.
If the marriage is less than two years old, the spouse will be issued conditional permanent residency, requiring them to apply for removal of conditions (Form I-751) after two years.
Decision when applying from outside the US (Consular Processing)
Once the visa interview at a US consulate or embassy is successful, the foreign spouse receives an immigrant visa. They must enter the United States before the visa expires.
Upon arrival at a US port of entry, they present their visa packet to Customs and Border Protection (CBP) officers. The foreign spouse is then officially admitted as a lawful permanent resident, and their Green Card is mailed to them a few weeks later.
US spouse visa granted
Successful applicants will be provided a Green Card, or permanent residence card, valid for ten years, at which point you will need to apply to renew the card. Alternatively, you may opt to apply to naturalize as a US citizen, which you an do after 3 years under the spouse route.
You will need to continue to meet certain conditions to retain your permanent residence status. For example, you must continue to reside in the US, and be mindful that any long-term or frequent travel outside the US may lead to unintentional abandonment of your permanent resident status.
Permanent residence may also be revoked following the commission of serious offenses.
Need assistance?
NNU Immigration’s specialist US immigration attorneys provide specialist support with US immigration applications, including helping spouses through the relevant route. Contact us for advice.
Spouse visa USA FAQs
What is a spouse visa for the US?
There is no single spouse visa for the US The visa options depend on whether the sponsoring spouse is a US citizen or a lawful permanent resident and whether the foreign spouse is applying from inside or outside the US
What is the difference between an IR-1 and CR-1 visa
Both visas are for spouses of US citizens The IR-1 visa is issued if the marriage is more than two years old at the time of approval and grants permanent residency The CR-1 visa is for marriages under two years and grants conditional permanent residency requiring the removal of conditions after two years
How does a spouse of a US citizen apply for a Green Card
If the foreign spouse is inside the US they can file Form I-130 and Form I-485 together If they are outside the US they must first file Form I-130 wait for approval then go through consular processing and a visa interview before receiving an immigrant visa
What is the F2A visa category
The F2A visa is for spouses and unmarried children of lawful permanent residents Unlike immediate relatives of US citizens spouses of green card holders must wait for a visa number before applying for a Green Card
Can a spouse of a green card holder apply for adjustment of status
A spouse of a green card holder inside the US can only apply for adjustment of status once a visa number is available If the LPR sponsor becomes a US citizen while the application is pending the case is upgraded and the spouse can file immediately
How long does the spouse visa process take
Processing times vary depending on whether the sponsor is a US citizen or an LPR Spouses of US citizens typically wait 12 to 18 months while spouses of LPRs under the F2A visa category may face longer waiting periods due to visa backlogs
What happens at the visa interview
The visa interview takes place at a US consulate or embassy The officer will ask questions about the marriage and review supporting documents to determine if the marriage is genuine If approved the foreign spouse receives an immigrant visa to enter the US
What is conditional permanent residence
If the marriage is less than two years old at the time of Green Card approval the spouse is granted conditional permanent residence This requires filing Form I-751 to remove conditions within the 90-day period before the two-year anniversary of receiving the Green Card
Can a K-3 visa be used instead of an IR-1 or CR-1 visa
The K-3 visa allows spouses of US citizens to enter the US while waiting for their immigrant visa petition to be processed However it is rarely used today since IR-1 and CR-1 visas are typically processed just as quickly
Can a spouse work in the US while waiting for a Green Card
A spouse inside the US can apply for a work permit by filing Form I-765 with their adjustment of status application Once approved they can legally work while waiting for their Green Card
What happens if my spouse visa application is denied
If a spouse visa application is denied the reason will be provided Some denials can be overcome by providing additional documentation or filing a waiver If the case is denied due to marriage fraud or inadmissibility an appeal or new petition may be necessary
Does a spouse need to take a medical exam for a Green Card
A medical exam is required as part of the Green Card process The exam must be conducted by a designated civil surgeon in the US or a panel physician abroad Results must be submitted with the visa application or at the adjustment of status interview
What financial requirements must be met to sponsor a spouse
The sponsoring spouse must meet the income requirements set by USCIS and file Form I-864 Affidavit of Support The income must be at least 125 percent of the federal poverty guidelines If the sponsor does not meet the requirement a joint sponsor may be used
Glossary
Term | Definition |
---|---|
Adjustment of Status | The process of applying for a Green Card from inside the US without leaving the country |
Affidavit of Support (Form I-864) | A legal document in which the sponsoring spouse agrees to financially support the immigrant spouse |
Biometrics Appointment | A required appointment where the applicant provides fingerprints and a photo for background checks |
Conditional Permanent Residence | A two-year Green Card issued to spouses married for less than two years at the time of approval requiring the filing of Form I-751 to remove conditions |
Consular Processing | The process of applying for an immigrant visa from outside the US through a US embassy or consulate |
CR-1 Visa | A conditional immigrant visa issued to spouses of US citizens if the marriage is less than two years old at the time of approval |
F2A Visa | A family preference visa category for spouses and unmarried children of lawful permanent residents |
Form I-129F | A petition filed by a US citizen to bring a fiancé(e) to the US but also used in some cases for K-3 visas |
Form I-130 (Petition for Alien Relative) | The form a US citizen or lawful permanent resident files to sponsor a spouse for immigration |
Form I-131 | A travel document application allowing adjustment of status applicants to travel outside the US while waiting for their Green Card |
Form I-485 (Application to Register Permanent Residence or Adjust Status) | The application used to apply for a Green Card from inside the US |
Form I-693 (Medical Examination and Vaccination Record) | A required medical examination form completed by a designated civil surgeon for Green Card applicants |
Form I-751 (Petition to Remove Conditions on Residence) | A form filed by a conditional resident spouse to remove the two-year conditions on their Green Card |
Form I-765 (Application for Employment Authorization) | A form that allows adjustment of status applicants to apply for a work permit while waiting for a Green Card |
Green Card | A document proving lawful permanent resident status allowing an immigrant to live and work permanently in the US |
Immediate Relative | A visa category for spouses of US citizens which is not subject to annual visa caps |
IR-1 Visa | An immigrant visa issued to spouses of US citizens when the marriage is more than two years old at the time of approval |
K-3 Visa | A nonimmigrant visa that allows the spouse of a US citizen to enter the US while waiting for an immigrant visa to be processed |
Lawful Permanent Resident (LPR) | A Green Card holder who has been granted permission to live and work permanently in the US |
Marriage-Based Green Card Interview | An interview conducted by USCIS or a US consulate to verify the authenticity of a marriage before approving a Green Card |
National Visa Center (NVC) | The agency that processes immigrant visa applications before forwarding them to a US embassy or consulate for an interview |
Petition Approval Notice | A notification from USCIS stating that an immigration petition such as Form I-130 has been approved |
Priority Date | The date when an immigrant petition is filed which determines when a visa number becomes available for preference category applicants |
Removal of Conditions | The process of applying for a 10-year Green Card by filing Form I-751 before the two-year conditional Green Card expires |
Spousal Sponsorship | The process in which a US citizen or LPR files a petition to bring their spouse to the US as a permanent resident |
USCIS (US Citizenship and Immigration Services) | The government agency responsible for processing Green Card applications and other immigration benefits |
Visa Bulletin | A monthly publication by the US Department of State that indicates whether a visa number is available for family-sponsored preference categories |
Visa Number Availability | The process where certain family preference visa categories must wait for a spot to open before proceeding with their application |
Work Permit (Employment Authorization Document – EAD) | A document that allows an applicant to legally work in the US while waiting for a Green Card |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/