Spouse Visa (US)

Who is this article for?

US citizens with foreign spouses or foreign individuals with work visas needing a visa for their spouse.

Topics Covered in this Article:

Spouse Visa for Foreigners with Work Visas
Spouse Visa for US Citizens or Green Card Holders
How to Petition Your Spouse
K-3 Visa

Spouse Visa for Foreigners with Work Visas

Foreigners with the following visas can bring their spouse and dependent children to the US under the H4 status, a temporary, nonimmigrant visa category.

H-1B visa
H-2A visa
H-2B visa
H-3 visa
L1 visa
E2 visa

Spouses are not allowed to work as a dependent unless they apply for their own work visa.

However, there is a way for certain H4 visa holders to get employment authorization so they can work or start a business in the US, still within the validity of the spouse’s H-1B visa.

To qualify, the H-1B spouse must:

Have an approved Form I-140 from their employer
Granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21)

Here are the requirements:

Form I-765, Application for Employment Authorization
Supporting documents:
1. Showing your H-4 status
2. A government-issued ID with a photo
3. Proof of relationship to the H-1B visa holder, such as a certified marriage certificate
Documents that prove the H-1B visa holder’s status:
1. Copy of Form I-197, Approval Notice for Form I-129
2. Passport
3. Previous Forms I-94
4. Form I-797, Notice of Receipt for Form I-140
  1. If the Form I-140 was filed at least 365 days before the period of admission
5. 2x2-in passport-style color photos
Mail your application to the address listed here.

Spouse Visa for US Citizens or Green Card Holders

Note: The visa process is lengthy, with many steps. It often takes 11 to 20 months, at times longer, to obtain a spouse visa. You should start the process well before your arrival and seek professional advice and guidance when necessary.

Only US citizens and permanent residents, and those with conditional resident status, are allowed to petition a family member to the US.

If you would like to bring your foreign spouse to the U.S., you must be one of the following:

A U.S. citizen
A Green Card (Permanent Resident) holder

According to the Department of State, a spouse is defined as a legally wedded husband or wife. Common-law spouses may qualify for a petition, depending on the laws of the country where the common-law marriage occurs. The same also applies to same-sex marriages. In addition, living together does not qualify as a marriage, according to the government.

If successful, your spouse can get a Green Card (permanent resident status) and is eligible to apply for U.S. citizenship after three years.

How to Petition Your Spouse

The first step is to submit a petition to the United States Citizenship and Immigration Services (USCIS).

File Form I-130, Petition for Alien Relative.
Submit the following documents along with the petition:
1. Copy of civil marriage certificate
2. Evidence that your marriage is legitimate and not done for the purpose of immigration
  1. For example, copies of a joint lease, joint bank account, or photographs
3. Divorce or annulment decrees or death certificates that show any previous marriage has been terminated
4. Passport-sized photos
5. Evidence of all legal name changes for you and/or your spouse
6. Proof of your status
  1. For U.S. citizens, copies of either of the following:
    1. Valid US passport
    2. US birth certificate
    3. Consular Report of Birth Abroad
    4. Naturalization certificate
    5. Certificate of citizenship
  2. For Green Card holders, copies of either of the following:
    1. Form I-551 (Green Card, front and back)
    2. Foreign passport with a stamped page showing temporary evidence of permanent residence
Pay the filing fee of $535
File Form I-485, Application to Register Permanent Residence or Adjust Status
1. Green Card holders can only submit Form I-485 after getting the visa number. This also applies to Green Card holders that are living in the U.S.
2. The filing fee is $1,140.

Note: If you and your spouse are both living in the US at the time of filing the petition, then you can file Form I-130 and Form I-485 simultaneously.

Once these petitions are approved, you will be assigned a case number by the National Visa Center (NVC), and pre-processing your spouse’s visa application will begin.

Here are the required documents:

Form DS-261, Complete Choice of Address and Agent. No need to do this step if you have an attorney.
Passport with at least six months validity
Form DS-260, Immigrant Visa and Alien Registration. The filing fee is $445.
Form I-864, Affidavit of Support Under Section 213A of the INA
- Note: Petitioner must have a U.S. residence before signing the Affidavit of Support
Two 2x2 photos
Civil documents
- Original birth certificate, marriage certificate, evidence of the termination of any prior marriage, photocopy of valid passport biographic data page, police certificate.
Medical examination and required vaccination forms
- You can check the specific requirements per country here.

The NVC will schedule you for an interview. Bring your passport and other documents that may be required for the interview.

Two types of visas may be issued to your spouse:

IR1 visa - Immediate Relative Visa, valid for ten years
CR1 visa - Conditional Resident Visa
- This will be issued if you and your foreign citizen spouse have been married for less than two years when they are granted a Green Card.
- To remove the conditions on a residence, you must submit Form I-751, Petition to Remove the Conditions of Residence within 90 days from the expiration date of your spouse’s conditional resident card.

Note: It’s highly recommended to pay the USCIS Immigrant Fee of $200 once your visa is issued and before your spouse departs for the U.S.

The process can take 11 to 20 months, depending on several factors. If your petitioner is a Green Card holder, it can take longer to process, up to 30 months.

K-3 Visa

Your spouse is eligible to apply for a nonimmigrant K-3 visa after filing the Form I-130 petition. This means the spouse can enter and live in the US while the visa petition process is still ongoing. In this case, the visa may be applied for in the country where the marriage occurred.

Applying for a K-3 Visa

First, you must submit the following petitions to USCIS.

Form I-130, Petition for Alien Relative
Form I-129F, Petition for Alien Fiancé(e)
1. The filing fee is $535
Form I-797C, Notice of Action, to show that you filed Form I-130 on behalf of your spouse
Form I-84, Arrival-Departure Record

While optional, you can also file the following forms concurrently with your petition:

Form I-765, Application for Employment Authorization
- Approval will allow the spouse to work while waiting for their Green Card
- No fee, but if filed after the petition, the fee is $410
Form I-131, Application for Travel Document
- Approval will allow the spouse to travel in and out of the US while waiting for their Green Card
- The filing fee is $660

Processing of these additional documents will take at least five months.

USCIS will then approve your petitions, which will have one of three likely scenarios:

If Form I-130 is approved first, there is no need for a nonimmigrant K-3 visa. However, your spouse will be processed for the IR1 or CR1 visa.
If both Forms I-130 and I-129 are approved, then the NVC will move forward with processing the IR1 or CR1 visa.
If Form I-129 is approved first, then the K-3 visa will be processed.

The NVC will then forward the approved petitions to the embassy or consulate in charge of the visas of your spouse’s nationality.