Spouse Visa for the US: How to Bring Your Spouse

If you need to apply for a spouse visa, our immigration lawyer in USA can provide all the legal support, in order to bring your spouse to the USA.

Quick Facts
Visa types for family members	Non-immigrant visas, immigrant visas
Non-immigrant visa purpose	Temporary stay
Immigrant visa purpose	Permanent stay, citizenship
Application requirements	Spouses must be legally married, the US spouse must be an American permanent resident or citizen
Requisites for the American spouse	Have a minimum income to sponsor the foreign spouse
Sponsorship requirements	The minimum income is set at federal level: at least 125% of the HHS poverty guidelines (Form I-864P; separate figures for Alaska and Hawaii). It depends on the number of persons living in the household.
Marriage registration requirements	The spouses must be legally married in the US or in the foreign spouse’s home country
Documents required to obtain a spouse visa	I-130 – Petition for Alien Relative, DS-260 – immigrant visa electronic form, DS-261 – online address of agent form, I-864 – affidavit of the US spouse
Visa application must be done in person (YES/NO)	The I-130 petition is filed by the US spouse; the foreign spouse must attend the immigrant visa interview at the US Embassy/Consulate in person
Timeframe to obtain a spouse visa (approx.)	Varies by case and country; check uscis.gov/processing-times and travel.state.gov
Conditional residence requisites	The spouses are married for less than 2 years
Possibility to obtain a Green Card for the foreign spouse (YES/NO)	YES, the Green Card is mailed after admission to the US, once the USCIS Immigrant Fee has been paid
Citizenship requirements for the foreign spouse	Citizenship can be acquired after 3 years as a permanent resident married to and living with a US citizen (5 years if the sponsor is a permanent resident)
Fiance visa availabilty (YES/NO)	Yes
Support in applying for a spouse visa (YES/NO)	Yes

What are the available visas under which I can bring a foreign spouse to the United States?

You can opt for one of the following:

IR-1 visa for immediate relative, if you are married to your foreign spouse for 2 years or more on the date your spouse becomes a permanent resident;
CR-1 visa for conditional relative, if you are married to your foreign spouse for less than 2 years on the date your spouse becomes a permanent resident;
K-3 visa, which is a non-immigrant visa available for foreign spouses of US citizens who can enter the country and wait for the processing of their visas. In practice it is rarely used: if the I-130 is approved first, the K-3 case is closed and the spouse continues with the immigrant visa (IR-1/CR-1).

Who can apply for a spouse visa for the US?

The U.S. spouse is required to prove the following:

that he or she is a U.S. citizen or permanent resident;
that he or she is legally married to the foreign citizen applying for the visa;
that he or she meets the income requirements for sponsorship (the minimum income is based on the federal poverty guidelines, Form I-864P).

If you plan on bringing your spouse to Florida, our immigration lawyer in Miami can guide you. They can assist you in numerous immigration matters, including marrying a Cuban in USA.

When and how can I apply for a US spouse visa?

There are two main situations for applying for a spouse visa:

• the spouse is already on American territory and has been lawfully admitted or paroled;
• the spouse is living outside the U.S.

We invite you to read about obtaining a spouse visa for United States in the infographic below:

What are the steps to apply for a spouse visa?

Those who are married to U.S. citizens and want to apply for spouse visas in 2026 must complete a few steps which are enumerated below:

filing the petition with the USCIS should be completed as soon as possible in order to obtain a reply;
once the petition is received, the USCIS will issue a Notice of Action (NOA1);
when the petition is approved or denied, the second Notice of Action (NOA2) is issued;
if the petition is approved, the USCIS forwards the application to the National Visa Center (NVC) to collect the documents and fees;
the NVC will then forward the case to the U.S. Embassy in the applicant’s home country;
the Embassy will then contact the applicant with instructions on the next steps;
a medical exam must be passed by the foreign citizens requesting the spouse visa for the U.S.;
the Embassy Interview will follow, and the visa is issued under the form of a sticker.

What is the application I need to submit to obtain a spouse visa for the US?

You need to file Form I-130 for the foreign spouse to join you. Applications can be submitted to the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).

Do I need to submit the application while in the USA?

No. A US citizen living abroad can file Form I-130 with USCIS online or by mail (filing at a US embassy or consulate is possible only in exceptional circumstances); for the Affidavit of Support, the sponsor must generally be domiciled in the US or intend to re-establish domicile there. Our US immigration lawyer can verify your situation.

What are the conditions for the sponsor to bring a spouse to the United States?

The sponsor must:

be at least 18 at the age of the application;
be a US permanent resident or citizen.

What are the documents to file to obtain a US spouse visa?

The following are generally required during the process (by USCIS, the National Visa Center or the consulate, depending on the stage):

the valid passports of both spouses: the minimum validity period is 6 months; however, other requirements may apply based on the country of origin;
the Affidavit of Support of the US citizen: please note that there are several forms you must choose from depending on the type of visa and your status – our immigration lawyer can assist;
2 recent photographs: 2×2 sized-photos;
birth and marriage certificates: foreign-issued documents must first be translated into English before submission;
the medical examination forms: as applicable to the country of origin of the foreign spouse.

The video below offers more information on the spouse visa in Miami, USA:

Can I apply for a spouse visa for the US for my foreign life partner?

No, the visa is only for people who are legally married to each other.

How long does it take to obtain a spouse visa in 2026?

Processing times vary by case and country; check the current times on uscis.gov/processing-times and travel.state.gov. Since 2025-2026, presidential entry restrictions and a State Department pause on immigrant visa issuance also affect nationals of certain countries.

What is the validity of a spouse visa for the US?

The resulting Green Card is valid for:

10 years when issued an IR-1 visa;
2 years when issued a CR-1 visa.

The foreign spouse will be issued a Green Card, respectively a conditional Green Card.

If you need assistance in your visa process, please contact our immigration attorney in USA.

Responsible attorney: Sandra I. Murado, Esq., Florida Bar No. 55549 · Last updated 29 October 2026Sandra I. Murado is President and Managing Attorney of Law Offices of Sandra I. Murado, P.A. in Coral Gables, Florida, and has been a member of The Florida Bar since 1995.