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Can I Bring My Spouse to the U.S.?

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U.S. citizens can bring their foreign spouses to the United States using two different visa options: IR-1/CR-1 or a K-3 marriage visa. A CR-1 is an immigrant visa suitable for couples married for less than two years. An IR-1 is another immigrant visa appropriate for couples married for more than two years.

A K-3 marriage visa is also referred to as a nonimmigrant visa. It allows a foreign spouse of a U.S. citizen to travel to the United States and await an immigrant visa to be issued. Two petitions are usually required for a K-3 visa, and we will cover both options with you. We can help you bring your spouse to the United States with an appropriate visa option.

What is a Fiancé Visa?

A fiancé visa (K-1 visa) is not related to a marriage visa such as the CR-1, IR-1, or K-3. Engaged couples who want to get married in the United States can use a fiancé visa. It allows a U.S. citizen and a foreign-born citizen to get married within 90 days.

Compared with any marriage visa, fiancé visas are quicker alternatives as they often get issued in five to seven months. We help you file a petition and submit all necessary paperwork and documentation to the United States Citizenship and Immigration Services (USCIS) for processing.

What is the Required Documentation for a Spouse?

A foreign spouse must be married to a U.S. citizen with a green card or lawful permanent residency (LPR) status to come to the United States. The required documentation for a foreign spouse includes the following:

  • A completed Form I-130
  • Copy of a marriage certificate
  • Copy of any divorce decrees, death certificates, or annulment decrees
  • Passport
  • Evidence of all legal name changes

U.S. citizens must be able to prove legal status with a valid passport, birth certificate, or other similar forms of identification, as well as proof of a green card. There are many requirements to follow, and we will walk you through the checklist.

Can My Spouse Come to the United States with a Pending Visa?

If your spouse is a foreign citizen and you are a United States citizen, you can file a Form I-130 so that your spouse is eligible to apply for a nonimmigrant K-3 visa. This will allow your spouse to come to the United States to live and work while the visa petition is pending.

It can take anywhere from seven to 24 months for the USCIS to process and approve “spousal sponsorship.” We will ensure you fill out the proper forms and complete the application process.

Contact our law firm to schedule a consultation and discuss legal strategies and marriage visas to bring your spouse to the United States. Speak with our experienced immigration attorney: 408-402-4967.

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