Immigration officials, from the U.S. Department of State and also U.S. Citizenship and Immigration Services (USCIS), scrutinize spouse relationships more than other types of immigrant visa applications. That’s because there has been a historically high rate of visa fraud for marriages as compared to other relationships. Therefore, immigration officials want reassurance that the marriage is legitimate and that the foreign spouse is obtaining a green card based on a genuine relationship. This article reviews the requirements for a spouse visa, steps to apply, and how to make sure you're doing it correctly.
Table of ContentsA “spouse visa” in this article is a term to refer to an immigrant visa (green card) for spouses. The U.S. government may issue an immigrant visa to the foreign national spouse of a U.S. citizen or lawful permanent resident. You may hear terms like IR1, CR1 and F2A to describe the visa types. The fact is, you have no choice in the matter. These "classes of admission" are based on the type of qualifying relationship, the duration of the marriage, and sometimes the type of admission. Here are some common examples:
Spouses admitted under the IR1 or F2A categories receive a permanent resident card, also known as a green card. Although permanent resident status is generally permanent, these cards are valid for a period of 10 years and must be renewed at that point. For couples who have been married less than two years at the time the immigrant visa is granted, the government will issue a “CR1” visa. CR1 spouses are issued a conditional green card that is valid for a period of two years. Within the 90-day period before the card expires, conditional residents must "remove the conditions on residence" in order to maintain status. Many spouse visa beneficiaries are approved as conditional residents.
Before a foreign national may actually apply for a spouse visa, the U.S. citizen or permanent resident must file a petition to establish the existence of a qualifying relationship. Although there are additional requirements for a successful spouse petition, the eligibility is fairly straight forward. The petitioner must:
The visa petition starts the process. Initially, the U.S. citizen or permanent resident files Form I-130 (Petition for Alien Relative) and Form I-130A (Supplemental Information for a Spouse Beneficiary) with USCIS. The visa petition package establishes a qualifying relationship and requests the U.S. government to make a visa available to a foreign national spouse.
Same-sex marriages and marriages to transgender spouses are included in marriage-based green card petitions. In other words, they are treated the same as opposite-sex marriages.
Filing the petition package involves more than just the government forms. It’s extremely important to prepare a complete I-130 petition package with all of the necessary supporting documents when filing for a spouse visa. USCIS may send a Request for Evidence (RFE) if any information is missing. This additional step will delay the case and increase the time it takes to approve the petition. The typical I-130 petition package will include:
The example I-130 package described above is for a typical spouse visa case. Depending on your specific case and how you answer questions on the petition, additional documents and evidence may be required at the time of filing.
CitizenPath's Immigrant Visa Petition Package can help you prepare the petition. Our affordable software was designed by immigration attorneys to make the process easier and help eliminate common errors that create delays and rejections. Upon completion, you’ll receive the Form I-130, Form I-130A (ready to sign) and filing instructions with a checklist of supporting documents for your specific situation.
The information above assumes that your spouse is outside of the United States. Upon approval of the I-130 petition package, USCIS forwards the case to U.S. embassy or consulate where your spouse will ultimately apply for the visa and interview. This is called consular processing. However, in certain cases when a spouse is inside the United States, your spouse may be eligible for adjustment of status.
Most family-based green card applications go through consular processing. The applicant is located abroad and interviews at a U.S. embassy or consulate.
The basic steps through the spouse visa process are as follows:
Certain spouses who are already inside the United States may be able to adjust status to permanent resident. This means that they would apply for the green card inside the United States without the need to travel abroad for an interview. This option is not available to everyone. Eligibility requires that the foreign national spouse:
Typically, physical presence should be through an entry with nonimmigrant intent. For example, your spouse shouldn't enter on a B-2 visitor visa with the preconceived intent of adjusting status.
When adjusting status, generally there is no need to file Form I-130 and wait. Instead, the foreign national spouse may file an adjustment of status package that includes Forms I-130, I-130A and I-485 (Application to Adjust Status).
The cost considerations below are for a spouse visa through consular processing. The adjustment of status path (for applicants physically present in the U.S.) come with additional costs.
| Fees for USCIS, NVC or U.S. Consulate | Fee (USD) |
|---|---|
| Form I-130, Petition for Alien Relative | $535 |
| Form I-130A, Supplemental Information for Spouse Beneficiary | $0 |
| DS-260, Immigrant Visa Application | $325 |
| Form I-864, Affidavit of Support | $120 |
| Form I-693, Report of Medical Examination and Vaccination Record | $0 |
| USCIS Immigrant Fee | $220 |
| Total Cost for Typical Spouse Visa | $1,200 |
There are other costs associated with an application for a spouse visa. For example, every applicant must attend a medical exam completed by an embassy-approved physician. There is no fee for the form. However, the doctor will charge a fee for the exam. The cost of the required medical exam will vary by country, doctor, and any additional vaccinations that may be required. Other costs may include photos to submit with the application, postage, and any transportation fees associated with travel to a consular interview.
The forms and fees above are specific to consular processing. For adjustment of status, we have a tool to help you determine the typical forms and forms. There are tradeoffs between consular processing and adjustment of status. Couples who have a choice between the options may gain insight on all aspects of consular processing versus adjustment of status.
After USCIS approves the immigrant visa petition and a visa is available, the foreign national applies for the actual spouse visa. Immigration officials will review the intending immigrant’s background for grounds of inadmissibility. In fact, everyone who applies to enter the United States is checked for inadmissibility. In general, immigration officials will not allow intending immigrants with histories of criminal or terrorist activities, drug abuse, infectious medical problems, or certain other characteristics to enter the U.S.
The following list summarizes some of the major classes of inadmissibility. In some cases, a waiver can be obtained.
| Classes of Inadmissibility | Waiver Available? |
| People with communicable diseases like tuberculosis | |
| People with physical or mental disorders that may cause harm to themselves or others | |
| Drug abusers or addicts | |
| Drug traffickers | |
| People without proper vaccinations | |
| People with convictions for crimes involving moral turpitude | |
| Prostitutes | |
| People with multiple criminal convictions |  |
| People who have violated immigration laws | |
| Spies | |
| Terrorists | |
| Nazis | |
| People likely to become dependent on need-based government assistance |
If your situation may include any of the above conditions, please consult with an immigration attorney before attempting to file any USCIS form.
If these issues do not apply to your situation, you can likely and save hundreds of dollars compared to an immigration attorney.
