When someone says: “How long does it take to bring spouse to the USA”, what they’re really looking for is how to start the I-130 family petition process.
This process is one of the most used paths for family reunification because it allows the foreign spouse to get a Green Card in the United States.
The requirements to bring your spouse if you are a U.S. citizen include:
- Prove U.S. citizenship;
- Show a valid marriage; and
- Meet the Affidavit of Support financial requirement.
It’s also important to know what happens if the marriage is recent, expected wait times, and the options available if the petition is denied.
In the following sections you’ll find the documents USCIS asks for, the updated 2026 costs, real timelines, and practical examples that will help you understand the process.
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Requirements to bring your spouse to the USA as a U.S. citizen
For USCIS to approve an I-130, the U.S. citizen must submit the following:
- Civil marriage certificate.
- Proof of U.S. citizenship: U.S. passport, birth certificate (if born in the U.S.), or naturalization certificate.
- Passport-style photos of both.
- Proof of termination of prior marriages, if applicable (divorce, death, annulment).
- Proof of legal name changes, if applicable.
- Evidence the marriage is bona fide: This can include:
- Joint bank accounts;
- Lease agreement;
- Mortgage;
- Couple’s photos;
- Birth certificates of children in common;
- Affidavits from relatives or friends.
Also include the filing fee and the Affidavit of Support (Form I-864).
For more information on these family processes, see our guide on family-based immigration.
How long does it take to bring spouse to the USA if they are already in the U.S.?
If you’re wondering how long it takes to bring spouse to USA and your spouse is already in the country, you can usually proceed via adjustment of status by filing I-130 together with I-485. In this case, you submit simultaneously to USCIS:
- Form I-130 (Petition for Alien Relative).
- Form I-485 (Application to Register Permanent Residence or Adjust Status).
This allows the spouse to remain in the U.S. while the case is processed and, in many cases, to obtain temporary work authorization.
Example: Laura, a U.S. citizen, married Luis, who had entered with a student visa. After marrying, they filed I-130 and I-485 together, which allowed Luis to work and remain lawfully in the U.S. during processing.
You can also review how long it takes for a U.S. citizen to bring a parent on our site. Another family-reunification process with similar rules.
How to bring your spouse if they live outside the U.S.
If your spouse resides abroad, the process starts with the approval of Form I-130 by USCIS. The case then moves to the National Visa Center (NVC) and later to the U.S. embassy or consulate in your spouse’s country.
The basic steps are:
- Submit the immigrant visa application (DS-260).
- Send the required documentation to the NVC.
- Attend the interview for consular processing with full bona fide marriage evidence.
If approved, the spouse receives an immigrant visa and becomes a lawful permanent resident upon entry to the U.S.
Comparison table: Adjustment of status vs. Consular processing
| Feature | Adjustment of status (in the U.S.) | Consular processing (outside the U.S.) |
| Main forms | I-130 + I-485 | I-130 + DS-260 |
| Where the spouse waits | Stays in the U.S. | Waits in home country |
| Work authorization | Yes, with EAD | Not applicable |
| Interview | At a USCIS office | At a U.S. consulate/embassy |
| Estimated timelines | 12–24 months | 14–30 months |
If you want to explore other family scenarios, see our article on bringing U.S. citizens’ siblings.
Conditional residence for marriages under 2 years
When the marriage is under 2 years at the time the Green Card is approved, the foreign spouse receives conditional permanent residence valid for 2 years.
To remove conditions, both must jointly file Form I-751 within the 90 days before expiration of the conditional Green Card.
If it’s not filed on time, status can be terminated and the spouse placed in removal proceedings.
If there was a divorce, annulment, death of the spouse, or domestic violence, you may request a waiver and file I-751 individually. Learn more here: What happens if you divorce before the Green Card interview.
Practical example: Marta, a U.S. citizen, married Carlos in 2024 and in 2025 he obtained conditional residence. Before it expired, they filed I-751 with evidence such as photos, bank statements, and a joint lease. Thanks to this, Carlos received unconditional lawful permanent residence.
Processing times for a spouse petition (2026)
Wait times depend on whether the process is inside or outside the U.S. Based on USCIS and Department of State data in 2026:
- Adjustment of status in the U.S.: about 12–24 months.
- Consular processing from abroad: about 14–30 months.
- Standalone I-130 (without concurrent I-485): around 12 months for initial approval.
We recommend checking current times on the official USCIS Processing Times.
If you want similar timelines focused on adult children, see our blog on whether a U.S. citizen can sponsor a child over 21.
Minimum income and financial sponsorship requirements (2026)
To bring your spouse, the U.S. citizen must show sufficient income to avoid reliance on public benefits. This is proven through the Affidavit of Support (Form I-864).
In 2026, the minimum annual income required for a household of 2 people is $25,550.
- If the sponsor is on active U.S. military duty, the minimum drops to $20,440.
- The figure increases by approximately $6,425 per additional household member.
Income table (125% of the Federal Poverty Guidelines)
| Household size | Minimum annual income |
| 2 people | $25,550 |
| 3 people | $32,000 |
| 4 people | $38,475 |
| 5 people | $44,950 |
Can my spouse come while the petition is pending? (K-3 visa and alternatives)
When a U.S. citizen files Form I-130 for a spouse, there is the option to request the K-3 visa using Form I-129F.
This visa allows the spouse to enter the U.S. while waiting for the Green Card decision. However, in practice many K-3 cases are closed if the I-130 is approved first, so it is no longer a common route.
- To work in the U.S., a K-3 spouse must apply for a work permit (I-765).
- K-4 visas also exist for eligible children of the spouse.
- As an alternative, the beneficiary can wait for I-130 approval and then enter with an immigrant visa CR1 (marriage under 2 years) or IR1 (marriage of 2 years or more).
Example: Carlina filed I-130 for her husband in Mexico. They submitted I-129F for a K-3 as well. Although accepted, the I-130 was approved first, so they continued with consular processing and he entered with a CR1 visa.
You may also want to review K-3/K-4 visas to see how they can help avoid long separations.
What happens if my spouse’s petition is denied? Options and appeals
If USCIS denies the I-130, you will receive a letter explaining the reasons and the steps to follow. The most common causes include:
- Insufficient evidence of a bona fide marriage.
- Insufficient income on the Affidavit of Support (I-864).
- Immigration or criminal history that makes the spouse inadmissible.
- Form errors or incomplete documents.
Options after a denial:
- Motion to Reopen or Reconsider: If you believe USCIS made an error or you have new evidence. Typically due within 30 days.
- Appeal to the AAO: Most I-130s are appealed to the Administrative Appeals Office, not the BIA.
- Refiling: If denial was due to lack of evidence or documentation, you can submit a corrected petition.
Practice note: While you can win an immigration appeal process, doing it without legal representation is risky. An experienced immigration attorney can make the difference between a final denial and an approval.
To learn more about the importance of evidence in family cases, we invite you to read our article on bringing siblings as permanent residents to the U.S.
Official costs and fees in 2026
The process of bringing your spouse involves several government fees. As of September 2026, the typical costs are:
| Item | 2026 Fee |
| Form I-130 (Petition for Alien Relative) | $675 |
| Form I-485 (Adjustment of Status, inside the U.S.) | $1,440 |
| Form I-864 (Affidavit of Support) | Included with I-485 |
| Medical exam (estimate) | $200 – $500 |
| DS-260 (Immigrant visa application, consular) | $345 |
| USCIS Immigrant Fee (consular) | $235 |
2026 update note: These figures reflect the April 2024 fee increase. Always confirm the current fees on the official USCIS Filing Fees page.
Evidence of a real marriage accepted by USCIS
A common mistake is thinking the marriage certificate alone is enough. USCIS requires additional proof that the marriage is genuine and not solely for immigration purposes. Some accepted evidence includes:
- Joint tax returns.
- Lease or mortgage in both names.
- Joint bank accounts.
- Health/auto/life insurance listing the spouse as beneficiary.
- Photos of the couple across different moments and places.
- Travel tickets, reservations, or shared itineraries.
- Affidavits from relatives and friends.
Lack of this evidence often leads to a Request for Evidence (RFE), which prolongs processing time.
Common mistakes when filing Form I-130
Many denials stem from avoidable errors. The most frequent include:
- Not signing the form or sending it incomplete.
- Using translations without proper certification.
- Submitting blurry or illegible copies.
- Failing to update your address with USCIS and missing notices.
- Underestimating the financial requirement and mishandling Form I-864.
Practice tip: Avoiding these errors from the start can save months and significantly reduce the risk of denial. See our blog on how to fill out Form I-130.
Can a spouse petition be expedited?
In some cases, you can ask USCIS to expedite the spouse petition by submitting an expedite request. This is granted only in exceptional situations, such as:
- Serious medical issues affecting the spouse or sponsor.
- Risk of losing a critical U.S.-based job.
- Personal safety or humanitarian concerns.
- Clear USCIS error.
The requester must submit a formal letter explaining the reasons, along with supporting evidence (medical reports, employment documents, etc.).
Although approval is not guaranteed, it can be useful in urgent cases.
K-3 vs. CR1/IR1: Practical comparison
Although the K-3 visa lets a spouse enter the U.S. while the I-130 is processed, in practice USCIS issues fewer K-3 visas because it is slower and more expensive than going directly for CR1/IR1.
| Feature | K-3 visa | CR1/IR1 visa |
| Visa type | Nonimmigrant (temporary) | Immigrant (lawful permanent residence) |
| Validity | 2 years (renewable) | Permanent residence upon entry |
| Work authorization | Yes, with additional EAD | Yes, automatically upon entry |
| Process | I-129F + consular interview | I-130 + DS-260 + consular interview |
| Total cost | Higher (two separate processes) | More direct and cost-effective |
| Recommended for | Avoiding long separations | Definitive solution |
For that reason, most couples opt for the CR1/IR1 visa, which grants lawful permanent residence upon entry to the U.S.
Step-by-step checklist to bring your spouse as a U.S. citizen
To make things easier, follow this short guide to complete each stage in order:
- Gather the basic documentation: Marriage certificate, proof of citizenship, photos, records of prior marriages.
- File Form I-130 with the $675 fee.
- If your spouse is in the U.S.: Also file Forms I-485 and I-864.
- If your spouse is abroad: Wait for NVC transfer and complete DS-260.
- Attend the biometrics appointment and, if applicable, the medical exam.
- Attend the interview at USCIS or at the consulate.
- Receive the final decision (conditional or permanent Green Card, depending on marriage length).
This checklist summarizes the main steps, but each case may vary by individual circumstances.
FAQs about “How long does it take to bring spouse to the USA”
What is the minimum age to petition a spouse?
You must be at least 18 years old and reside in the U.S. to sign Form I-864.
What if I become a U.S. citizen after filing for my spouse as a resident?
You must notify the NVC to upgrade the category to immediate relative (IR1/CR1), which speeds up the process.
What is the difference between CR1 and IR1?
The key difference between CR1 and IR1 is:
- CR1: Marriage under 2 years results in conditional residence.
- IR1: Marriage of 2 years or more results in lawful permanent residence.
What if my spouse receives a conditional Green Card and we divorce before 2 years?
They must file an I-751 waiver, proving the marriage was entered into in good faith.
Do I need an immigration lawyer?
It’s not mandatory but recommended to avoid errors and keep the case moving.
What if my spouse has a criminal record?
USCIS will assess the type of offense and whether a waiver applies. For example:
- Minor offenses may not bar residence.
- Serious crimes (drug trafficking, violent crimes) often lead to permanent inadmissibility.
- In these cases, legal representation is essential to explore relief.
How our lawyers can help if you’re asking how long it takes to bring spouse to the USA
When you’re wondering how long it takes to bring spouse to the USA, the correct route is to file the I-130 family petition and then proceed, as applicable, with adjustment of status or consular processing.
Properly prepared, this is the most direct path for your spouse to obtain lawful permanent residence.
In this article we covered:
- The requirements and documents USCIS asks for.
- The practical difference between adjustment of status and consular processing, with a comparison table.
- How conditional residence (I-751) works.
- 2026 timelines and costs with updated tables.
- Alternatives such as K-3 vs CR1/IR1 and when to request an expedite.
- What to do after denials or appeals.
- A step-by-step checklist and useful FAQs, including the criminal record scenario.
At Lluis Law, our immigration lawyers in Los Angeles have more than 60 years of combined experience in immigration and family reunification in Los Angeles.
Contact us today for a personalized consultation. Your family deserves to be together in the United States and we’re here to help you achieve it.
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