IR-1 Immigrant Visa (Spouse of US Citizen) — United States

The IR-1 immigrant visa allows you to immigrate to the United States as the spouse of a U.S. citizen.

It forms part of the family-based immigration system and leads to lawful permanent residence if approved.

Purpose and scope

The IR-1 category exists to help U.S. citizens bring their foreign national spouse to live in the United States permanently.

It is not a temporary visa. Approval allows you to apply for a Permanent Resident Card (Green Card).

You start the process when the U.S. citizen files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).

This filing establishes that a qualifying marital relationship exists.

If USCIS approves the petition, the case moves forward for immigrant visa processing.

You will complete Form DS-260, Immigrant Visa Application, through the U.S. Department of State if you are applying from outside the United States.

The U.S. citizen must also submit Form I-864, Affidavit of Support, to show financial responsibility under family-based immigration rules.

For current filing fees and instructions, refer to the latest guidance from USCIS and the U.S. Department of State.

Who this visa covers

The IR-1 visa covers the lawful spouse of a U.S. citizen.

You must prove that a valid marital relationship exists.

To qualify under this category:

• You must be legally married to a U.S. citizen.
• The U.S. citizen must file Form I-130 on your behalf.
• You must seek to immigrate permanently to the United States.

USCIS evaluates whether the petition establishes a qualifying relationship.

The focus is on whether you are the citizen’s spouse under U.S. immigration law.

This visa does not apply to fiancés or other relatives.

Only a legally recognized spouse of a U.S. citizen qualifies under the IR-1 classification within the family-based immigration system.

You complete the IR-1 spouse visa through a petition stage with U.S. Citizenship and Immigration Services (USCIS) and a visa or residence stage handled either inside the United States or through a U.S. consulate abroad.

Each step requires specific forms, signatures, and careful sequencing.

Stage 1 — Filing the petition (I-130)

You start the family-based immigration process by filing Form I-130, Petition for Alien Relative, with USCIS.

If you live in the United States, file Form I-130 with USCIS according to the current form instructions.

You may file online through a USCIS account or mail a paper application.

Check the USCIS website for filing fees and address details.

You must:

• Complete all required sections of the form
• Fully complete Part 1, Part 2, and Part 4
• Select only one option in Part 4 (Question 61 or 62) to indicate:

adjustment of status inside the United States, or

• Consular processing abroad

• Sign the form before submission

• File Form I-130A for your spouse

USCIS will adjudicate properly filed petitions.

If you file Form I-130 online, USCIS can also adjudicate any related Form I-485 included as supporting evidence.

Stage 2 — Consular processing or adjustment of status

After USCIS approves the I-130, your spouse either applies for permanent residence inside the United States or applies for an immigrant visa abroad.

If your spouse is outside the United States, the case moves to consular processing through the U.S. Department of State.

Your spouse must complete Form DS-260, Immigrant Visa Application, and follow the National Visa Center (NVC) process in the correct order.

Follow this sequence carefully:

1. Pay required fees

2. Submit Form DS-260

3. Upload required civil documents

Delays often happen when applicants submit the DS-260 before paying fees or uploading documents.

Follow the NVC instructions exactly to avoid processing problems.

If your spouse is eligible to apply inside the United States, they may file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS if that option was selected in Part 4 of Form I-130.

Other procedural steps

Most IR-1 cases also require Form I-864, Affidavit of Support, which confirms that you meet financial sponsorship requirements.

Review the form instructions and the USCIS website for current income requirements and filing guidance.

Throughout the process, you must:

• Use the correct edition of each form
• Provide complete and consistent information
• Follow agency-specific instructions (USCIS or Department of State)
• Monitor case updates through your USCIS account or NVC communications

Incomplete forms, missing signatures, or incorrect sequencing will delay adjudication.

Careful preparation at each stage keeps your case moving forward.

You will pay separate fees to U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State during the IR-1 spouse visa process.

Costs arise at the petition stage, the immigrant visa stage, and for required biometrics.

processing times depend heavily on the petitioner’s immigration status and the specific family-based immigration category.

Review the current ranges before you file Form I-130.

Mandatory fees

You start the IR-1 process by filing Form I-130 (Petition for Alien Relative) with USCIS. The filing fee is $675 (as of February 2026).

If USCIS requires biometrics, you’ll pay an $85 biometrics services fee for processing your fingerprints, photograph, and signature.

Core USCIS fees

Later in the process, you’ll submit Form I-864 (Affidavit of Support). USCIS may update associated filing fees, so check their fee resources before submitting payment.

Immigrant visa & biometrics fees

Once USCIS approves your Form I-130, your case moves to the National Visa Center (NVC), part of the U.S. Department of State. At this point, you complete Form DS-260 (Immigrant Visa Application).

The immigrant visa processing fee for Form DS-260 is $325 (as of February 2026). You pay this to the Department of State through the NVC or the U.S. consulate managing your case.

Department of State fee

All required fees must be paid before the NVC will schedule your immigrant visa interview. The Department of State conducts interviews and issues visas, while U.S. Customs and Border Protection (CBP) decides admission at the port of entry.

USCIS processing time ranges

Your timeline depends on how long USCIS takes to approve Form I-130. Processing times vary by eligibility category and service center.

As of January 2026, reported time ranges are:

For IR-1 cases, focus on the first category: U.S. citizen filing for a spouse. Your actual wait depends on the service center’s current workload.

You must update your case if your status changes while the petition is pending. Submit the Affidavit of Support at the correct stage to avoid delays.

When status or classification changes

If you become a U.S. citizen while your Form I-130 is still pending, request an update to the visa classification. This change affects how your spouse’s case proceeds.

Notify the appropriate agency promptly:

Prompt updates help prevent delays and ensure the correct visa category applies.

Report other significant changes after filing, such as corrections to your case. Keep copies of all notices and correspondence.

If your spouse is working on Form DS-260, make sure the classification matches your current status before the visa interview.

Affidavit of support timing

You complete Form I-864, Affidavit of Support, at the right stage depending on whether your spouse applies through consular processing or adjustment of status.

Submit Form I-864 when:

1. Your spouse has been scheduled for an immigrant visa interview with the U.S. Department of State, or

2. Your spouse is about to file an application for adjustment of status with USCIS.

Include your most recent U.S. federal income tax return.

If you use a joint sponsor, that person must also submit a separate Form I-864 and their most recent federal tax return.

You move from an approved family petition to permanent residence either inside the United States through adjustment of status or abroad through consular processing. The path you take determines which forms you file, which agency decides your case, and when you become a lawful permanent resident.

Adjustment of status basics

If you’re already in the United States and eligible, you may file Form I-130 and Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time. This concurrent filing can reduce overall processing time if allowed.

USCIS adjudicates properly filed applications. If you file Form I-130 online and include Form I-485 as supporting evidence, both are reviewed together.

You’ll also submit Form I-864 (Affidavit of Support) with your adjustment packet. USCIS won’t approve your case without a sufficient Form I-864.

Key forms for adjustment of status

Before filing, confirm you meet eligibility requirements under family-based immigration rules. Review current instructions and fees from USCIS.

NVC and interview steps

If you process abroad, the case moves from USCIS to the National Visa Center (NVC) after Form I-130 approval. The U.S. Department of State oversees this stage and the visa interview.

Complete Form DS-261 (Choice of Address and Agent) promptly so the NVC sends notices to the right contact. Then submit Form DS-260 and upload required civil documents and Form I-864 together when requested.

Prepare early:

• Gather civil documents.
• Obtain police certificates.
• Schedule your medical examination before the interview.

You can’t attend the immigrant visa interview without the medical exam and required documents. The U.S. Department of State conducts the interview and makes the visa decision.

What USCIS adjudicates

USCIS decides whether your Form I-130 proves a valid spousal relationship under family-based immigration law. Officers review whether the petition is properly filed and supported.

If you apply inside the United States, USCIS also adjudicates Form I-485 and reviews your Form I-864 to confirm financial sponsorship.

USCIS focuses on:

• Properly filed forms
• Required supporting evidence
• Eligibility for adjustment of status, if applicable

For cases processed abroad, USCIS approves the petition but doesn’t issue the immigrant visa. The U.S. Department of State handles interviews and visa issuance, and U.S. Customs and Border Protection determines admission at entry.

Most IR-1 spouse visa delays happen because of incomplete forms, missing signatures, or weak supporting documents. You can avoid many rejections and RFEs by checking form editions, signatures, and required civil and financial records before filing.

Form preparation errors

USCIS rejects Form I-130 petitions that are incomplete, unsigned, or filed with the wrong edition. Complete all required parts, including Part 1, Part 2, and Part 4.

Don’t leave key questions blank, including Question 61 or 62 in Part 4 if they apply.

You must also:

• Sign and date the form in the required signature section.
• Include Form I-130A (Supplement A) when petitioning for your spouse.
• Use the current form edition listed by USCIS.
• Pay the correct filing fee listed by USCIS.

Submitting the wrong fee or an outdated edition leads to rejection.

You must prove your status as a U.S. citizen or lawful permanent resident. Include a clear copy of one of the following:

• U.S. birth certificate
• Naturalization certificate
• Certificate of citizenship
• Permanent resident card (Green Card)

Missing or incorrect proof of status leads to rejection in family-based immigration cases.

Document and translation mistakes

Submit copies of civil documents unless the instructions specifically request originals. Don’t send original birth, marriage, or divorce certificates unless required.

At the National Visa Center stage and during Form DS-260 processing with the U.S. Department of State, incomplete civil records often trigger RFEs or delays.

You should obtain certified copies of:

• Birth certificates
• Marriage certificates
• Divorce decrees (if applicable)

If any document isn’t in English, include:

• A full English translation
• A signed certification from the translator stating the translation is complete and accurate

Missing translations or partial translations delay case review.

You must also provide complete address and travel history since age 16 where required. Gaps or inconsistencies often result in additional review.

How to reduce RFEs and rejections

You reduce RFEs by submitting a complete and organized package the first time.

For the financial sponsorship requirement under Form I-864 (Affidavit of Support), include:

• Your most recent federal tax transcript
• Evidence of current employment, such as an employer letter
• Business records if you are self-employed
• Required signatures from any joint sponsor or household member

Unsigned or undated I-864 forms cause delays or rejection.

Use this checklist before filing:

Careful review before submission helps you avoid preventable delays in the IR-1 process.