Marriage Visa
Are you married to a U.S. citizen or permanent resident and want to live with your spouse without worrying about your immigration status? A marriage visa is one of the most common and effective ways to do so.
This type of visa, also known as a spousal visa, spouse visa, or marriage visa, allows you to live legally in the U.S. with your partner, work, and take the first steps toward permanent residency.
In this guide, we clearly explain, step by step, everything you need to know:
- The types of marriage visas
- The most important requirements
- How the process works, its limitations, and key tips
At Lorenzo Law Group / Immigration Attorneys, we are here to help you unite your family without mistakes or complications.
What does a marriage visa in the United States entail?
A spousal visa is a legal way to bring your spouse to live with you in the United States. If you are married to a U.S. citizen or permanent resident, you can apply for a spousal visa to be together.
We know that love knows no borders. That’s why immigration law offers options for couples who want to build their lives in the United States without living apart.
What does this visa allow?
- Living legally in the United States with your spouse.
- Applying for a Green Card (permanent residency) after the process.
- Working legally and accessing certain benefits.
How does it work?
The person living in the United States (citizen or permanent resident) files a petition with the government to bring their spouse. Then, several steps are followed until the spouse receives the spousal visa.
Types of spousal visa
There are different types of visas for couples who want to live together in the United States. The right option depends on your current situation and your partner’s immigration status. Here we explain the main ones:
2. K-3 Visa – Spouse Visa
The K-3 visa is used when the spouse is already married to a U.S. citizen but is still waiting for their green card application to be approved.
What is it for?
- It allows the spouse to come to the U.S. while the green card is being processed.
- It helps avoid a long separation during the immigration process.
This visa is not as common nowadays, since in many cases the CR-1 process is faster. However, it remains a valid option in certain situations.
3. K-1 Visa – Fiancé(e) Visa
This isn’t a spousal visa per se, but many people consider it part of this group because it also helps reunite couples. It’s used when you’re not yet married but plan to get married.
Who can apply?
- U.S. citizens who want to bring their foreign fiancé(e) to the U.S.
- The couple must marry within 90 days of entering the U.S.
After marriage, you can apply for permanent residency (a Green Card).
Every situation is different. Whether you’re married, newly engaged, or waiting for your case to be approved, our team is ready to help you choose the right path.
Requirements for a marriage visa in the United States
Applying for a marriage visa in the United States requires meeting certain requirements. These may vary slightly depending on your situation, but here are the most important ones:
General Requirements:
- Be legally married to a U.S. citizen or permanent resident. Common-law or purely religious unions are not valid for immigration purposes.
- The marriage must be genuine and in good faith, not solely for immigration purposes. The government may request evidence such as photos, text messages, shared accounts, or travel together.
- The citizen or permanent resident must file a petition (Form I-130) with USCIS.
- Both parties must be over 18 years of age and legally capable of marrying.
- The petitioner must demonstrate sufficient income to support their spouse or provide a financial sponsor.
Common documents required:
- Official marriage certificate.
- Copies of passports and identification.
- Proof of relationship (photos, letters, shared accounts, etc.).
- Birth certificates.
- Criminal background check, if applicable.
- Proof of immigration status of the citizen or resident.
What is the process for obtaining a visa for spouses?
The process of obtaining a spousal visa in the United States may seem lengthy, but if you know the steps and have legal support, it’s much simpler. Here’s how it works:
The first step is taken by the citizen or permanent resident. They must file a family-based petition with USCIS using Form I-130.
- This form tells the government: “I am legally married and want to bring my spouse to live with me.”
- Evidence of the marriage and the authenticity of the relationship is included.
USCIS reviews all the information. If everything is in order, it approves the petition and sends it to the National Visa Center (NVC). The visa is not granted at this stage; the relationship is simply recognized as valid.
This step depends on the spouse’s location:
- If they are outside the U.S., the case is sent to the U.S. consulate in their country. An appointment is scheduled for an interview and document submission. This process is known as consular processing.
- If they are already in the U.S. with valid legal status, they can adjust their status directly within the country, applying for permanent residency at the same time.
The spouse must undergo a medical examination with a licensed physician. They must also prepare documents such as:
- Original birth certificates.
- Valid passport.
- Proof of relationship to the petitioner.
- Evidence of the sponsor’s financial resources.
The final part of the process is the immigration interview. Here, the officer verifies that the marriage is legitimate and that all documents are complete. They may ask personal questions about the relationship. It’s important to be well-prepared and honest.
How long does the application process take?
The processing time for a marriage-based visa can vary significantly. There is no single, exact timeframe that applies to all cases. It all depends on several important factors:
Factors that influence processing time:
- Petitioner’s immigration status: If your spouse is a U.S. citizen, the process is usually faster than if they are a permanent resident.
- Location where the process is initiated: It’s not the same if your spouse is in the United States and adjusting their status, as opposed to if they live in another country and are waiting for their consular appointment.
- Workload of immigration offices: Sometimes USCIS or consulates have a large backlog of cases, which can cause delays.
- Incomplete documentation or errors: If information is missing, there are errors, or the marriage proof is not presented correctly, the process can be lengthy.
- Interview or additional review: In some cases, immigration officials request more evidence or a second interview. This can also affect processing times.
While it’s impossible to predict exactly how long your application will take, an experienced lawyer can help you avoid mistakes and prepare everything correctly from the start, which can help your case move forward more quickly.
¿Puede mi pareja extranjera trabajar?
Yes, but not immediately. It all depends on the type of visa your partner has and the stage of the immigration process.
If your partner is outside the U.S.:
- Upon entering with a marriage visa (CR1 or IR1), your partner receives permanent residency (Green Card).
- This allows them to work legally from the first day they arrive in the country.
- They do not need to apply for additional permission.
If your partner is already in the U.S. and is applying for adjustment of status:
- They can apply for a work permit (Form I-765) while waiting for their residency approval.
- The permit is issued separately and is what allows them to work legally.
Until they receive it, they cannot work legally.
Important: Working without authorization can cause problems in the immigration process. It is always best to wait for official authorization.
Limitations with a marriage visa
While a marriage visa offers many benefits, it also has certain limitations that are important to be aware of. Being well-informed helps you avoid mistakes that could affect your immigration status or that of your spouse.
These are some of the main limitations:
- It is not an automatic residency. Obtaining a spousal visa does not mean you immediately have a Green Card. It is only one step in the process.
- Conditional residence. If the marriage has been in place for less than two years at the time of approval, your spouse's residency will be conditional for two years. After that, you will need to complete another application together to remove those conditions.
- Real commitment. The relationship must be genuine. The government can investigate and even conduct personal interviews to confirm that the marriage is not for show.
- Economic dependence on the sponsor. The petitioner (citizen or resident) must legally commit to supporting their partner if necessary. This involves signing a financial agreement with the government.
- Travel restrictions. If your partner is adjusting their status within the U.S., they should avoid leaving the country without special permission, as they could lose their application.
- It doesn't protect against everything. Having a spousal visa does not immediately protect your partner from other complicated immigration situations, such as old deportation orders or previous illegal entries.
The Road to the Green Card
A marriage-based visa is not the end of the process, but rather the beginning of the path to permanent residency in the United States. The coveted Green Card is the ultimate goal for many couples, and achieving it involves completing certain additional steps.
What happens after obtaining the visa?
- If your partner entered the country with a CR1 or IR1 visa, they will receive their Green Card by mail after arriving in the United States. In these cases, no further paperwork is required within the country.
- If your partner is already in the U.S. and is adjusting their status, the application for permanent residency is submitted from here, along with other forms such as the work permit.
Conditional or permanent residence
- If they have been married for less than two years, their residency will be conditional for two years. Before that time expires, they must complete another process to remove the conditions and demonstrate that the marriage is still valid.
- If they have been married for more than two years when the case is approved, they will be granted direct permanent residency, valid for 10 years.
After obtaining a Green Card, your partner can:
- Work legally.
- Travel abroad with greater peace of mind.
- Apply for U.S. citizenship after meeting the required residency requirements.
Tips to speed up and reduce the margin of error when applying for a spouse visa
We know this process can seem complicated and emotionally draining. But with good preparation and guidance, you can avoid common mistakes and move forward with greater peace of mind.
Here are some practical tips:
Before starting the application
- Ensure you have a legally valid marriage.
The marriage certificate must be registered and in good standing. Informal or purely religious unions are not accepted. - Gather real evidence of the relationship.
Include photos together, messages, shared bank statements, letters, and any documents that show you live as a real couple. This is key to proving that it is not a marriage for show. - Verify your financial eligibility.
The petitioner must demonstrate sufficient income. If they do not have enough, they can use a co-sponsor.
When submitting the application
- Fill out all forms carefully.
Double-check that nothing is missing and that the information matches on all documents. - Translate all documents in other languages into English.
Translations must be complete and certified. - Submit the entire application package.
If anything is missing, USCIS may delay your case or request additional information later.
During the process
- Keep copies of everything you send.
It’s important to have a backup in case they request it later. - Respond promptly to any requests from USCIS or the consulate.
If they ask for additional documents or evidence, submit everything within the deadline. - Prepare well for the interview.
Study important dates together, how you met, and real details of your relationship. It’s not about memorizing answers, but about telling your story honestly.
Do you need help with your married visa? Call us!
A marriage visa in the United States is much more than a legal procedure: it’s the gateway to a shared life, free from distance and uncertainty. While the process may seem complex, with a service like ours—award-winning, dedicated, and successful one—you can avoid mistakes and move forward with confidence. Remember that every story is unique. What matters is that you and your partner are well-informed, prepared, and supported every step of the way. Ready to begin this new chapter? Contact us today. Love shouldn’t wait any longer.
