Bringing your spouse to the USA can take, on average, 12 months to 3 years.
The question “How long does it take to bring your spouse to the USA?” comes up often, and the answer isn’t as simple as you might hope. It depends on whether your spouse is already in the US or living abroad. It also involves complex steps like filing the I-130 petition, undergoing consular processing, and attending interviews.
That’s why working with an experienced immigration attorney is quite important. Because an immigration lawyer can help you avoid costly delays and ensure the process moves smoothly
Types of Spousal Visas if Your Spouse is Outside the US
You have different visa options when you want to bring your spouse to the US. Each has its process, requirements, and timeline, so it’s important to choose the right one for you and your situation.
1. Green Card for Spouse
A marriage-based green card lets your spouse permanently live and work in the US There are different types of green cards for spouses:
- CR1 Visa: The CR1 visa program is for the spouses of US citizens who have been married for less than two years. It gives your spouse a temporary green card that lasts for two years. After that, they can apply for a permanent green card.
- IR1 Visa: This visa is for spouses of US citizens who have been married for over two years. It gives your spouse a permanent green card right away so they can live and work in the US.
- K3 Visa: The K3 visa is a hybrid visa that lets your spouse come to the US while waiting for their visa to be processed. First, an I-130 petition is filed, and afterward, an I-129F marked K3 is filed, and whichever is processed faster, your spouse can come inside the United States. However, the I-129F (K3 Visa) is rarely approved before the I-130 family petition, which is essentially “expedited” by filing the K-3 visa. The time saved by filing a K3 Visa instead of a CR-1 or IR-1 visa is typically between 4-6 months.
2. Fiancé Visa (K-1 Visa)
You can apply for the K-1 Fiancé Visa if you’re not married yet and have met in person within the past two years. This allows your fiancé to come to the US to get married within three months. After they marry, they can apply for a green card to live and work in the US.
Remember, the timeline is the main difference between Fiancé Visas and Marriage Visas. A fiancé visa is usually faster to process because your fiancé is coming to the US to get married. However, once they arrive in the US, they still have to get married within 90 days and file for a green card inside the United States, which can take approximately 8-18 months. In contrast, a marriage visa requires that you marry first and then wait for the visa processing, which typically takes 2-3 years unless you expedite it to a K-3 visa, which could take 1.5 to 2.5 years, more or less.
So, if you’re already married, a K3, CR1, or IR1 Visa is typically quicker than the fiancé visa process.
Consult Immigration Lawyers USA to choose the right visa for your unique situation.
Key Factors Affecting Processing Times
When bringing your spouse to the US, time is of the essence. However, there’s no one-size-fits-all answer to how long the process will take. The timeline relies on various key factors, including the type of visa you’re applying for, where your spouse is located if your spouse already has a non-immigrant visa, and how quickly different agencies handle your case.
USCIS Processing Times
The first major step in bringing your spouse to the US is filing the I-130 petition (Petition for Alien Relative). This petition establishes your relationship with your spouse and initiates the immigration process. The USCIS (United States Citizenship and Immigration Services) is responsible for processing this petition, and depending on the workload; the process can take anywhere from 12 to 18 months.
Remember, the more accurately you submit your documents, the smoother this process will be! If your spouse is already inside the country and is eligible to adjust their status, you can concurrently file an I-485 case together with the I-130.
If you file the I-130 separately from the green card case, but your spouse has a valid visa to enter the United States, you could potentially file an Adjustment of Status (AOS) if they’re already in the US and have waited a sufficient amount of time to “change their mind” about their non-immigrant reason for entry. This step involves submitting additional forms and documentation to change their status from temporary visa holder to lawful permanent resident.
Dig Deeper: How to Overcome Immigration Marriage Fraud If You Have a Real Marriage?
The AOS process can take approximately 12 to 24 months, depending on the city in which you file. During this stage, you must keep track of requests for more documentation or information from USCIS, as delays due to sending insufficient documentation to prove your case can extend the timeline. Under the Trump Administration, most individuals who file for an Adjustment of Status case in the United States will get a green card interview.
National Visa Center and Consular Processing Timeline
Suppose you have filed your I-130 indicating that your spouse lives outside the United States and will seek Consular Processing at a US embassy abroad. In that case, it’s time for the National Visa Center (NVC) to conduct Consular Processing. The NVC handles the next steps, including collecting information about the applicant and the financial sponsor, collecting the necessary civil and financial documents, and scheduling the visa interview. Depending on the US embassy, the NVC typically takes about 8 to 12 months to process your case. Your spouse will need to attend a physical interview where they’ll provide biometric data and a medical examination and be asked about your relationship.
Remember that any missing documents or errors in your submission can cause delays, so be thorough!
At Immigration Lawyers USA, we know the ins and outs of these timelines and what you need to do to expedite the time frame. So that you never have to experience unnecessary delays. Our job is to ensure your spouse joins you as quickly as possible!
What’s the Fastest Way?
If you’re eager to bring your spouse to the US as quickly as possible, you’re probably wondering: What’s the fastest way?
The good news is that there are several options, but the best choice depends on your situation. Whether you’re already married or still planning the wedding, here are some fast-track options you should know about.
K-1 Fiancé Visa
For couples who are not yet married but want to start their life together in the US, the K-1 Fiancé Visa can be a great choice.
This visa allows your fiancé to enter the US for 90 days to marry you, after which they can apply for a green card. Processing times for the K-1 visa are typically around 9 to 14 months for the I-129F, then 3 to 6 months for Consular Processing, a total of 12 to 20 months, which is faster than other options. However, it is still a good option to bring a person who is not your spouse if they do not have another visa to enter the United States.
However, once married, your fiancé will still need to go through the Adjustment of Status process, which will take additional time.
CR-1 Visa (Marriage-Based Visa)
If you are already married, the CR-1 Visa is often a better option than a fiancé visa as it is a faster route to a green card. This visa grants your spouse a green card once they arrive in the US, allowing them to live and work here permanently. The first step is the I-130 family petition, which takes approximately 12 to 18 months, and Consular Processing, which takes 8 to 12 months. Depending on various factors, processing times for the CR-1 visa typically range from 20 to 30 months.
While this might seem longer than the K-1 Fiancé Visa, it’s better if you want your spouse to immediately have permanent residency without needing further adjustments after marriage. You can also consider the K-3 visa if you would like to speed up your CR-1 visa to the same time as a K-1 visa.
K-3 Visa (Hybrid Accelerated Marriage-Based Visa)
The K3 Visa is a hybrid option for couples who are already married. For this visa, which Congress created to reduce the time married couples are separated from each other, three steps are required: I-130 petition, I-129F K3 petition, and then Consular Processing. Whichever of the I-130 or I-129F petitions is approved first, the spouse can enter the country. The point of the K-3 visa was for the I-129F to be approved first, allowing the spouse to enter the US while waiting for their CR1 visa to be processed, or they could file for Adjustment of Status inside the United States if they preferred. However, the I-130 case has typically been approved first in recent years. The advantage of the K3 visa is that it can help speed up the overall process, accelerating the I-130 case by approximately 4 to 6 months. The average wait time for K-3 Hybrid visas is 8 to 12 months for the I-130 and then 8 to 12 months for Consular Processing, for a total average wait time of 16 to 24 months.
Fiancé Visa vs. Spouse Visa (Which One Will be More Suitable?)
The key difference between the Fiancé Visa and Marriage Visa is the timing. The CR1 or IR1 visa is likely your quickest option if you’re already married. On the other hand, the K-1 Fiancé Visa is faster in initial processing. But here, it requires you to marry in the US and go through the adjustment of status process afterward, which can add more time in the long run. Questions to consider are how long you have been together, how easy or difficult it is for you to get married, how much money you have set aside for your immigration papers, how long you are prepared to be separated, how easy it is for you to visit one another while separated, among other issues. Please schedule an appointment to speak to our experienced lawyers at Immigration Lawyers USA to discuss which visa is right for you and your spouse or fiance.
Legal Nuances that Speed Up the Process
Certain legal strategies could speed up your case. For example, if your spouse is currently in the US, applying for Adjustment of Status may save time compared to going through consular processing abroad.
Additionally, situations like military parole for spouses of US service members can expedite the process.
Dig Deeper: How Can a Lawyer Can Speed Up Your Immigration Process?
Common Questions and Concerns
When you must complete bringing your spouse to the US, there can be many questions. Here are some of the most common ones we hear from couples, along with answers to help clarify things.
How Long Does Getting a Green Card for My Spouse Inside the US Take?
If your spouse is already in the US, completing the process can take 12 to 24 months. This includes submitting the I-130 petition and filing for Adjustment of Status (AOS).
The great news is that your husband or wife can stay in the US while they wait for their green card. They can even ask for a work permit while everything else goes on!
What is the Spouse Visa Processing Time for a CR1 Visa?
For spouses living abroad, the CR1 visa (Marriage-Based Green Card) typically takes 20 to 30 months to process.
Is It Faster to Do a K3 Visa Compared to a CR1?
The K3 Visa was a popular option because it allowed spouses to enter the US more quickly while their CR1 visa was being processed.
However, with improvements in CR1 processing times, the K3 visa is used less frequently, which speeds up the process by 4 to 6 months.
How Much Does It Cost to Bring My Spouse to the USA?
Bringing your spouse to the US can be an investment. The costs include things like:
- I-130 Petition Fee: $625 for online filing or $675 for paper filing
- I-129F K3 Visa: no fee if filing after an I-130 case to make it K3
- I-129F K1 Visa: $625 for online filing or $675 for paper filing
- National Visa Center Fees (if your spouse is abroad): $445
- Adjustment of Status (if your spouse is in the US): $2,330 (assuming you want to also file for a travel and work permit simultaneously)
- Medical Exams and Vaccinations: $250-$500
- Other Miscellaneous Costs: Document translations, passport pictures, attorney fees, etc.
It can range from $4,000 to $10,000 or more, depending on where your spouse is and whether you need or prefer legal assistance.
What Documents Are Needed to Bring My Spouse to the USA?
You’ll need several key documents to support your case when applying to bring your spouse to the US. These include:
- Marriage Certificate and Prior Divorces: To prove that you are legally married.
- Proof of US Citizenship or Green Card: This confirms your status as a US citizen or permanent resident.
- Financial Affidavit: To demonstrate that you can support your spouse financially.
- Passport-Style Photos: For both you and your spouse.
- Police Certificates and Medical Exams: To ensure no criminal or health issues. You must get a certified copy of the file if you have any criminal record.
- Good faith marriage evidence: Shared bank accounts or credit cards, leases, bills in both names, children born to the marriage, etc.
- Other Documents: Depending on the type of visa, you may need to provide additional documents, such as birth certificates or proof of a name change.
Make sure everything is accurate and complete to avoid delays in your case!
Can I Bring My Spouse to the USA on a Tourist Visa?
It might be tempting to bring your spouse to the US on a tourist visa, but this route comes with some risks. Tourist visas are not intended for people who plan to stay permanently. However, a person can “change their mind” after two months of entering the United States. If you get married or file for a green card too soon, you could face a presumption of fraud or misrepresentation on your non-immigrant visa, considering anyone who enters the country on a non-immigrant visa is presumed to have non-immigrant intent, even if a customs officer does not ask you any questions. Suppose your spouse has a valid Tourist visa or any other non-immigrant visa. In that case, it is important to speak to an experienced immigration lawyer about which case is the best for you considering your circumstances and goals and also to best assist you in avoiding committing grave and costly errors as to your spouse’s non-immigrant intent.
How to Avoid Delays and Common Mistakes
The journey to bring your spouse to the US is not always smooth sailing. Here are some of the most common reasons for delays:
1. Incomplete or Incorrect Paperwork
One of the biggest causes of delays is submitting incomplete or incorrect documents. USCIS and consulates are very specific about the forms and documents they need. Missing signatures, incorrect form numbers, or failing to provide necessary evidence like marriage certificates or proof of financial support can cause significant delays.
2. Failure to Respond to Requests for Evidence (RFE)
Sometimes, USCIS or the US consulate may request additional information after you submit your application. If you don’t respond to a Request for Evidence (RFE) on time, your case could be delayed or even denied.
3. Inconsistent Information
Your application must contain consistent information. If you accidentally provide different answers or contradict yourself in multiple forms, it could cause confusion and delays.
4. Inadequate Financial Support Documentation
When applying for a spouse visa, you need to prove that you are able to support your spouse financially once they arrive in the US. Failure to submit the correct financial documents—like affidavits of support or tax returns—can delay the approval of your application.
5. Not Preparing for Interviews
If your spouse is going through consular processing abroad, the visa interview is a key part of the process. If your spouse isn’t prepared or the information they provide during the interview is discrepant, it could be a reason for delays or a visa denial.
Read “How to Prepare for an Immigration Interview Effectively?” to prepare your spouse for the interview.
How to Avoid Delays and Common Mistakes
The best way to avoid these common mistakes is to be thorough and organized throughout the process. Here are some tips to stay on track:
- Double-check all forms and documents before submission.
- Track deadlines and follow up on any RFEs promptly.
- Keep a copy of everything you submit and receive from USCIS or the consulate.
- Stay current on the latest USCIS and consulate requirements, as they may change over time.
- Prepare your spouse for their interview by reviewing possible questions and ensuring they have the correct paperwork.
- Stay on top of processing times and follow up if your case goes outside those times.
- Hire an experienced immigration lawyer like Immigration Lawyers USA to handle the entire process, including the stress.
How Could I Speed Up the Process?
Bringing your spouse to the US is a big step. There’s no magic shortcut to speed up the process overnight. However, here are some strategies that could be effective:
1. Request to Expedite
If you’re facing a time-sensitive situation (for example, a serious health issue, financial hardship, or urgent personal matter), you may be able to request an expedited processing of your spouse’s visa application.
USCIS and the US Department of State may allow you to expedite the process in certain cases, but it’s not guaranteed.
To make an expedited request, you must show strong justification for an urgent humanitarian concern, severe financial loss, or government error and provide the necessary documentation to prove your case.
2. Military Spouses
If you or your spouse is in the military, you may be eligible for special provisions to speed up the process.
Due to the nature of military service, military families often receive expedited processing after receiving their receipt notice and calling for expedited service.
- Inquiries to USCIS
If your spouse’s case has been stuck in the same stage for a long period without any updates, it might be time to contact USCIS and request an inquiry. If you haven’t received any progress updates in several months, USCIS has mechanisms to look into delays and move your case faster.
Remember that this isn’t a guaranteed fix, but it’s worth checking in to ensure everything is on track.
4. Contact Congress
Contacting your Congressperson can sometimes help speed up your spouse’s case.
Many people don’t know this, but you can contact your local representative’s office for assistance with immigration delays after following up on your own, which has not helped. If you’re facing unusual delays or issues with your spouse’s case, Congress can intervene and help move things along by inquiring with the appropriate agencies.
5. Direct Consular Filing
For US citizen spouses who live abroad temporarily with “exceptional circumstances,” such as a spouse deployed in the military on short notice, a change in employment of the US citizen spouse from abroad to the United States on short notice, a medical emergency, or a threat to personal safety, your spouse may qualify for Direct Consular Filing, which is a faster way to file for a CR-1 or IR-1 visa. This is like filing an Emergency Request to Expedite at the same time you file your case. As long as the petitioner can prove they have a temporary-only stay abroad and have maintained a permanent home in the US and can show a compelling reason to file their I-130 petition at a US consulate instead of through USCIS, this could be an excellent option to get your spouse a green card abroad much faster.
6.Writ of Mandamus
In extreme cases, a Writ of Mandamus could be an option.
This legal remedy can compel USCIS or another government agency to act on a case if they’ve unreasonably delayed the process. It’s typically used when agencies fail to take action or have stalled your case for too long.
While it’s a last resort and requires legal action, it can sometimes prompt an agency to act on a long-pending case.
How Immigration Lawyers USA Can Help
Our Expertise in Family-Based Immigration
At Immigration Lawyers USA, we understand that it is crucial to bring your spouse to the US as quickly as possible.
That’s why we work hard to find ways to speed up your case. Whether through expedited processing, addressing delays, or taking legal action. We can advocate for you at every step to ensure the process moves as efficiently.
Here’s how we can assist you:
- Marriage-Based Green Cards: We guide you through obtaining a marriage-based green card for your spouse. Whether your spouse is in the US or abroad, we ensure all forms are completed accurately, documents are submitted correctly, and deadlines are met, giving you peace of mind throughout the process.
- Fiancé Visa USA: If you’re unmarried, we can help you with the K-1 Fiancé Visa. This visa allows your fiancé to enter the US to marry you and adjust your status to permanent resident status. We’ll work with you to ensure all necessary paperwork is submitted and help avoid delays in the process.
- Waivers for Inadmissibility or Marriage Fraud: Sometimes, a spouse may face inadmissibility issues, like previous criminal convictions, overstayed visas, or fraud concerns. We handle waivers for these situations and can guide you through addressing issues such as marriage fraud accusations or inadmissibility. We’ve helped many couples overcome these challenges and move forward smoothly in the immigration process.
Dig Deeper: How to Overcome Immigration Marriage Fraud If You Have a Real Marriage?
- Deportation Defense for Spouses: If your spouse is facing deportation, we can provide experienced deportation defense to protect them from being separated from you. Our legal team will tirelessly defend your spouse’s rights and explore all options to avoid removal from the US.
- Military Parole in Place: For spouses of US military members, Military Parole in Place can be a valuable option for staying in the US while applying for a green card. We are experienced in handling these cases and can help you navigate the unique provisions available to military families.
Reasons Behind Working with Us!
At Immigration Lawyers USA, we offer;
- Compassionate support every step of the way
- Expert assistance in reuniting families
- Years of experience with complex cases
- Understanding the emotional toll
- Stress-free legal guidance
Let us take the stress out of immigration procedures and give you the expert legal assistance you need. Contact Immigration Lawyers USA today, and let’s get started on bringing your spouse home.
Conclusion
The process of bringing your spouse to the USA can vary depending on the type of visa you’re applying for. Whether it’s a marriage-based green card, a fiancé visa, or specific circumstances like military parole or waivers, it’s important to understand how long it takes to bring your spouse to the USA. While the process can be complex and time-consuming, proper guidance can ensure a smoother experience and avoid unnecessary delays.
Please schedule a consultation with us today to talk about your case and receive expert legal advice from experienced attorneys at Immigration Lawyers USA.
