Move to the U.S. with Spouse

U.S. Citizenship and Immigration Services (USCIS) will not approve your case unless you prove that your marriage is real and legally valid.

This requirement applies whether your spouse seeks an IR-1 visa Immigrant Visa (Spouse of U.S. Citizen), [CR-1 Conditional Resident Visa (Spouse)](/en/united-states/visas/CR-1 visa), or you previously used a [K-1 Fiancé(e) Visa](/en/united-states/visas/K-1 visa) and are now applying for permanent residence.

You must submit clear, organized evidence.

Weak or missing documentation often leads to delays or denials.

Core Relationship Documents

Start with official civil records that establish your legal relationship.

• Marriage certificate showing your lawful marriage
• Birth certificates, if relevant to confirm identity or family ties
• Documents that confirm the relationship between petitioner and beneficiary

Your marriage certificate is required.

USCIS will not accept informal proof in place of a valid civil document.

If you previously entered on a K-1 Fiancé(e) Visa, you must still provide your marriage certificate to prove that you married your U.S. citizen petitioner.

Required Immigration Forms

You must submit the correct forms and use current editions.

1. Form I-130 (Petition for Alien Relative) – This establishes the qualifying spousal relationship.

2. Form I-485 (Application to Register Permanent Residence or Adjust Status) – Filed if you apply for permanent residence from inside the United States.

3. Form I-765 (Application for Employment Authorization) – If you request work authorization, including certain parole-based categories.

Submitting outdated forms or incomplete editions can result in rejection.

Always confirm the current version with USCIS before filing.

Financial and Sponsor Evidence

USCIS also reviews whether the sponsoring spouse can financially support you.

You should include:

• Recent tax returns
• Proof of current employment
• Other financial documentation showing income

Missing financial evidence can delay processing or trigger additional requests.

Avoid Common Mistakes

USCIS frequently issues requests for evidence when applicants:

• Submit insufficient proof of the claimed family relationship
• Provide unclear or incomplete copies of civil documents
• Omit required supporting documentation
• File without adequate financial evidence

Organize your documents in a logical order.

Label each item clearly so the officer can identify the relationship evidence without searching through the file.

You start the process with U.S. Citizenship and Immigration Services (USCIS).

The visa you pursue—IR-1 visa Immigrant Visa (Spouse of U.S. Citizen), CR-1 Conditional Resident Visa (Spouse)), or K-1 Fiancé(e) Visa)—depends on your marital status and timing, but the petition stage begins with USCIS.

processing times vary widely based on who files and the relationship category.

As of January 2026, a U.S. citizen filing for a spouse faces estimated Form I-130 processing times of 17 to 87 months, while a permanent resident filing for a spouse may see 49.5 to 213.5 months.

Step-by-Step Filing Process

File Form I-130 (Petition for Alien Relative).

You submit Form I-130 to USCIS to establish your qualifying relationship. Filing the wrong form or choosing the wrong category can delay your case significantly.

Pay the required filing fees.

Every visa applicant must pay the visa application processing fee unless specifically exempt. For card payments, complete Form G-1450; for ACH transactions, use Form G-1650. If you submit multiple benefit requests together, include a separate Form G-1450 for each request.

Submit supporting documents.

Include a signed petition and complete documentation. Common errors include missing signatures and incomplete evidence.

Meet financial sponsorship requirements.

Your sponsor must show household income at or above 125% of the U.S. poverty level for your household size. You typically provide the most recent U.S. federal income tax return.

Proceed to consular processing (if applicable).

After USCIS approves the petition, the U.S. Department of State handles visa processing and the interview abroad. Interview waiver wait times apply only in locations that allow passport and document submission without a full interview, and you must be a national or resident of that country to qualify.

Practical Issues to Watch

• Filing with incomplete documentation
• Failing to sign required forms
• Using incorrect payment authorization forms
• Submitting the wrong petition category

If you apply for an immigrant visa, your sponsoring relative must be at least 21 years old and either a U.S. citizen or lawful permanent resident.

For fiancé(e)s entering on a K-1 Fiancé(e) Visa, you complete additional steps after arrival, but the initial petition still begins with USCIS.

Admission to the United States is ultimately determined by U.S. Customs and Border Protection at the port of entry.

Waiting for a decision from U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State can take months or, in some categories, years.

You should use this time strategically.

processing times vary by form and category.

Check the USCIS Processing Time Information page and the Visa Bulletin for updates specific to your case.

Monitor Processing Times

USCIS posts estimated time ranges by form and service center.

As of January 2026:

• Form I-130 (Petition for Alien Relative) for certain categories can range from 48 to 240 months.
• Form I-129F (K-1 Fiancé(e) Visa) petition) averages about 10 to 14 months.
• Form I-485 (adjustment of status) ranges widely depending on eligibility category, from several months to multiple years.

These timeframes apply to petitions connected to the IR-1 visa Immigrant Visa (Spouse of U.S. Citizen), CR-1 Conditional Resident Visa (Spouse)), and K-1 Fiancé(e) Visa pathways.

Prepare Financial and Tax Matters

If you live outside the United States while your spouse resides in the U.S., review your tax status carefully.

If you are a nonresident alien and your spouse is a resident alien, your spouse may choose to treat you as a U.S. resident for tax purposes and file Form 1040 as “Married Filing Jointly.”

This election can affect your overall tax liability.

You must file a U.S. tax return if:

• You engaged in a trade or business in the United States.
• You earned certain U.S.-source income.
• You want to claim a refund, deduction, or credit.

If you qualify as a nonresident alien engaged in a U.S. trade or business, you must pay U.S. income tax on that income.

Keep Your Case Organized

Delays often result from incomplete filings or payment errors.

Follow these steps carefully:

Pay the correct fee.

USCIS may reject your form if you submit the wrong amount or combine payments improperly. Submit a separate payment for each benefit request when required.

Sign every form.

USCIS can reject an otherwise complete application if it lacks a required signature.

Use proper payment methods.

You may pay with a credit, debit, or prepaid card if allowed. If filing by mail, send your payment with your application to the appropriate USCIS Lockbox listed in the form instructions.

File online when available.

The system will guide you through acceptable payment options.

If a consular officer later determines that you now qualify for the visa you applied for, the case can move forward based on your updated eligibility.

Use the waiting period to confirm eligibility, maintain accurate records, and monitor official updates from USCIS and the U.S. Department of State.

You become a permanent resident through a family-based process overseen by U.S. Citizenship and Immigration Services (USCIS). If you apply from abroad, the U.S. Department of State handles visa issuance.

Your path depends on the visa you used to enter the United States.

• IR-1 visa Immigrant Visa (Spouse of U.S. Citizen): You receive permanent residence after admission to the United States.
• CR-1 Conditional Resident Visa (Spouse)): You receive conditional permanent residence, which comes with eligibility requirements tied to your marriage.
• K-1 Fiancé(e) Visa): You marry your U.S. citizen petitioner and then apply for permanent residence through USCIS.

Filing and Documentation

USCIS reviews your family relationship and eligibility category. You need to provide clear proof of your marriage and supporting civil documents.

You also submit financial evidence, including your sponsor’s most recent federal tax return and proof of current employment.

USCIS may require separate filing packages if you request multiple benefits at once. Each package must include its own signed payment authorization if you pay by credit card using Form G-1450, Authorization for Credit Card Transactions.

Processing and Decisions

After your interview or after you submit any requested additional documents—whichever happens later—USCIS may take up to 180 days to issue a decision.

If you apply through consular processing, the U.S. Department of State conducts the visa interview and issues the immigrant visa. U.S. Customs and Border Protection determines admission at the port of entry.

Tax Considerations After Residence

Once you live in the United States, your income may be taxed differently depending on its source.

• Income that is fixed, determinable, annual, or periodical may be taxed at 30%, unless a treaty provides a lower rate.
• You may earn both effectively connected income and other taxable income in the same year, and each category is taxed under its own rules.

When you move to the United States with your spouse, you must address your children’s immigration status separately. Your child’s eligibility depends on your status and the family relationship.

U.S. Citizenship and Immigration Services (USCIS) reviews family-based petitions. The U.S. Department of State issues visas abroad.

Children of U.S. Citizens

If you are a U.S. citizen, your unmarried children under 21 qualify as immediate relatives. They are not placed in a preference category.

You must submit Form I-864, Affidavit of Support for each child. This requirement applies to immediate relatives, including your spouse and unmarried children under 21.

If you are sponsoring your spouse under the IR-1 visa Immigrant Visa (Spouse of U.S. Citizen) or the CR-1 Conditional Resident Visa (Spouse)), you may file separate petitions for each eligible child.

Children of Lawful Permanent Residents

If you are a green card holder, your spouse and your unmarried children under 21 fall under the Second Preference (2A) category.

This category also covers unmarried children under 21 of permanent residents. USCIS processes the petition, and the Department of State handles visa issuance when a visa becomes available.

For Affidavit of Support purposes:

• If the immigrant is your spouse or child, your income must generally meet 100% of the U.S. poverty level.
• You must still submit Form I-864 as required.

USCIS publishes current income thresholds and filing instructions.

If You Entered on a K-1 Fiancé(e) Visa

If your spouse entered the United States on a K-1 Fiancé(e) Visa), you must marry before pursuing permanent residence.

After marriage, you file the required applications with USCIS for your spouse. If you have children who need status, you must address their eligibility separately under the appropriate family-based category.

Each child must independently qualify for status. Status is not automatic based on your marriage.

Tax and Residency Considerations

If your child is considered a nonresident alien, different tax rules may apply. A nonresident alien is someone who does not meet the green card test or the substantial presence test.

Nonresident aliens pay U.S. tax on income effectively connected to the United States, after allowable deductions, at the same rates that apply to U.S. taxpayers.

IRS guidance and USCIS instructions should be reviewed carefully before filing. Errors in sponsorship forms or financial documentation can delay your child’s case.