Sponsoring a spouse to the United States

A citizen may marry and sponsor a foreign spouse to come to the United States to live with them. This process allows the spouse of a US citizen to hold a lawful green card and to remain in the United States long term.

An overview of sponsoring a spouse to the United States

Where you are a US citizen married to a foreign national living abroad, this guide is for both parties and takes you step by step through the process of applying for a marriage green card through spousal sponsorship. This type of green card process is also commonly known as “consular processing”.

Where the situation is different, see the other Start to Finish guides, as well as the general overview of the marriage green card process.

• Estimated time: 14.5 months to receive the green card
• Estimated cost: USD 1,540

The green card process through spousal sponsorship in the United States may become more expensive in the coming months.

Step 1: Sponsorship

The first step in the marriage-based green card process is to file Form I-130 (officially called the “Petition for Alien Relative”) with United States Citizenship and Immigration Services (USCIS), part of the US Department of Homeland Security. The main purpose of this form is to prove the existence of a valid marriage.

The sponsoring spouse who files this Form I-130 is known as the “sponsor” or “petitioner”. This is the spouse who is currently a US citizen. The spouse seeking the green card is known as the “beneficiary” or “sponsored person”.

Forms and government fees

This step requires a government fee of USD 675, 2 forms and supporting documents:

• The family sponsorship form (I-130): $675 USD
• The supplemental information form (I-130A): $0 USD

There are further government fees, forms and supporting documents for the subsequent steps in this process, described below.

Once the I-130 filing package is complete, it is sent to the correct USCIS address. An official receipt notice then arrives by post from USCIS, usually within two weeks. Where USCIS needs further information or documents to complete processing, it sends a “Request for Evidence” (RFE) within 2–3 months.

Step 2: The green card application under spousal sponsorship

Next, because the spouse seeking the green card lives abroad, USCIS transfers the case to theNational Visa Center (NVC), administered by the US Department of State. The NVC’s job is to gather the necessary forms and documents and decide whether the spouse is ready for an interview at the US embassy or consulate abroad (known as “consular processing”).

After receiving the case from USCIS, the NVC assigns a unique case number which is then used to identify the case from that point on. For the spouse of a US citizen, the NVC begins processing the case as soon as it is received from USCIS, and after a period of months transfers the case to the US embassy or consulate in the applicant spouse’s country of residence.

Forms and government fees

On receiving the case number from the NVC, the next step is to submit formDS-261. This is a relatively simple form telling the Department of State how to make contact, and there is no fee to submit it. It may take up to 3 weeks for the NVC to process the DS-261.

Next, a total of USD 445 must be paid online, comprising the Department of State’s application processing fee (USD 325) and the financial support form fee (USD 120). It may take up to 1 week for the NVC to process the payment.

Submitting the visa application

Once the payment has been processed, you may submitDS-260(the immigrant visa application). You will need the case number, the beneficiary ID number and the invoice number from the original welcome notice the NVC sent. Once the DS-260 has been submitted online, the confirmation page must be printed to bring to the visa interview at the US consulate.

After the DS-260 is submitted, the NVC sends a notice (again by post or email) confirming receipt of the DS-260, usually the same day.

Supporting documents must then be submitted to the NVC, includingForm I-864(officially called the “Affidavit of Support”). Depending on which consulate is processing the application, all supporting documents are uploaded, emailed or posted to the NVC. Check here to determine which submission option applies.

Where the NVC needs further information or documents to complete the NVC package, it sends a list of the missing documents.

Step 3: Pre-interview requirements

Once the NVC has finished processing the NVC package, the spousal sponsorship file is transferred to the US embassy or consulate processing the green card application in the applicant spouse’s home country. But there are still a few requirements before the interview takes place.

The medical examination

A detailed article onUS immigration medical examinations.

Before attending the green card interview, the spouse seeking the green card must have a medical examination by a doctor approved by the Department of State. The US consulate processing the application sends a list of these doctors along with the interview notice. The cost of this examination varies by country, at around USD 200.

Once the examination is complete, the doctor provides a sealed envelope containing the examination results and vaccination records. This is the file that must be brought to the interview.

Passport delivery

Before the interview, the spouse seeking the green card must register online with the address to which the passport should be returned once the approved visa sticker has been placed in the passport. Instructions for registering passport delivery are published on each consulate’s website.

The biometrics appointment

The spouse seeking the green card must also, in most countries, book a biometrics appointment at a visa application support centre (usually at a different location from the consulate). The purpose of this appointment is for the government to take the spouse’s fingerprints, in order to carry out background and security checks. These instructions are also published on each consulate’s website.

The biometrics appointment is usually low-stress and may be regarded as more of a procedural step. The spouse seeking the green card is not asked about the marriage or about green card eligibility at this appointment. Their fingerprints are simply taken.

Step 4: The interview and approval

The green card interview

The interview is the final main step in the process of applying for a green card through spousal sponsorship, and may be the most stressful and at times “most daunting” part. Couples can reduce this stress by knowing what to expect and preparing an organised file to bring to the interview.

The spouse living abroad attends the interview at the US embassy or consulate in their home country, after receiving an appointment notice with the exact time, date and location. The sponsoring spouse does not attend this interview.

See these resources for further details:

• A guide to the marriage green card interview
• Common interview questions (which may be very personal)

Where the consular officer is sufficiently satisfied that the marriage is not fraudulent, they may approve the green card application on the spot.

The next step

The spouse then receives the visa in their passport, permitting travel to the United States.

Next, the immigrant fee (USD 235) may be paid online athere. This spousal sponsorship fee must be paid for USCIS to produce and send the physical green card. Usually 2–3 weeks after the applicant spouse arrives in the United States, the physical green card is then sent to the couple’s US address.

Where the couple have been married for less than 2 years at the time the green card is approved, the green card is marked “CR1”, for “conditional green card”. These green cards are valid for only two years, at which point a further form must be filed jointly to “remove the conditions”, giving USCIS a further opportunity to ensure that the marriage is genuine, and a permanent green card is then issued.

Where the couple have been married for more than two years at the time the green card is approved, the green card is marked “IR1”, for “immediate relative green card”. These green cards are valid for 10 years and renewal is usually a straightforward process.