If you need to apply for a spouse visa, our team of immigration lawyers 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 imposed at state level. 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) | NO, the US spouse can also file for the visa |
| Timeframe to obtain a spouse visa (approx.) | Approx. 10 months |
| 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, in approx. 4 weeks from arrival |
| Citizenship requirements for the foreign spouse | Citizenship can be acquired after 3 years |
| 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 more than 2 years at the time of the application;
- CR-1 visa for conditional relative, if you are married to your foreign spouse for less than 2 years at the time of the application;
- 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.
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 (each U.S. has specific income conditions).
If you plan on bringing your spouse to Florida, our immigration lawyers 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 received lawful admission on parole;
• 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?
Yes, under the standard procedure. However, there are exceptions that allows US citizens to apply from abroad. Our US immigration lawyers can verify if you enter the exception categories.
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 must be submitted to the USCIS:
- 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 lawyers 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?
The entire procedure can take up to 2 years.
What is the validity of a spouse visa for the US?
The validity is:
- 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 team of immigration attorneys in USA. We will also advise on how to apply for a residence permit in USA through investment. The EB-5 Immigrant Investor Visa, often known as the investor visa in the US, is open to candidates and their immediate families (spouses and children under the age of 21) who run a US firm and keep 10 full-time, permanent jobs for US residents or create new ones.