Overview:

Spouse - If you are an American citizen, you have two ways to bring your foreign spouse (husband or wife) to the United States to live. 

They are:

(1) Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.

(2) Nonimmigrant visa for spouse (K-3) - Two petitions are required:

Petition for Alien Relative, Form 1-130 & Petition for Alien Fiance(e), Form I-129F.

It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be made and the visa issued in the country where the marriage took place.  After visa processing, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.

Fiance(e) - If you are an American citizen, you may bring your fiance(e) to the United States to marry and live here.

Nonimmigrant visa for fiance(e) (K-1) - To travel to the United States for marriage.  An I-129F fiance(e) petition is required.

How Does My Spouse (Husband/Wife) Get an Immigrant Visa?

The first step is to file a Petition for Alien Relative, Form I-130 for your spouse (husband or wife) to immigrate to the United States.      You file the petition with the Department of Homeland Security, U.S. Citizenship and Immigrations Services (USCIS) immigration Field Office in the United States that serves the area where you live.  For instructions on how to file a petition see Petitioning Procedures: Bringing a Spouse (Husband of Wife) to Live in the United States.

Sometimes a U.S. citizen living abroad can file an immigrant visa petition at an U.S. embassy or consulate (post).  To find out whether you can file a petition at a specific post abroad, you must ask that post.  For information on how to contact the post, please seek out the U.S. embassy or consulate abroad.

What is a “Spouse”?

A spouse is a legally-wedded husband or wife.  Merely living together does not qualify a marriage for immigration.  Common-law spouses may qualify as spouses for immigration, but only if the laws of the country where the common-law marriage occurs recognizes common-law marriages and grants them all the same rights and obligations as a traditional marriage.  In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

Minimum Age Requirement for the Petitioner:

There is no minimum age to file a petition for a spouse for immigration.  However, you must be 18 years of age and have a domicile in the U.S. before you can sign the Affidavit of Support, Form I-864, and this form is required for an immigrant visa for spouses and other relatives of U.S. sponsors.

U.S. Domicile Is Required.

You must have a domicile (residence) in the United States before we can issue an immigrant visa to your spouse.  This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all Spouse of a U.S. Citizen (IR-1) immigration cases.