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Home » Blog » How to Obtain a Green Card as the Spouse of a U.S. Citizen or Permanent Resident

How to Obtain a Green Card as the Spouse of a U.S. Citizen or Permanent Resident

August 22, 2023 Apply for Green Card

Immigration officials, from the U.S. Department of State and also U.S. Citizenship and Immigration Services (USCIS), scrutinize spouse relationships more than other types of immigrant visa applications. That’s because there has been a historically high rate of visa fraud for marriages as compared to other relationships. Therefore, immigration officials want reassurance that the marriage is legitimate and that the foreign spouse is obtaining a green card based on a genuine relationship. This article reviews the requirements for a spouse visa, steps to apply, and how to make sure you're doing it correctly.

Why are there different (IR1/CR1) spouse visas? Who is eligible to sponsor a spouse? What are the specific steps to get started on a spouse visa? Is the process different if my spouse is in the U.S. or abroad? How much does this cost? What else should I know about? How long will it take for my spouse to get a green card? Is there an option if we're not married yet? How can CitizenPath help me and my spouse?

Spouse Visa (IR1/CR1 Visa) Explained

A “spouse visa” in this article is a term to refer to an immigrant visa (green card) for spouses. The U.S. government may issue an immigrant visa to the foreign national spouse of a U.S. citizen or lawful permanent resident. You may hear terms like IR1, CR1 and F2A to describe the visa types. The fact is, you have no choice in the matter. These "classes of admission" are based on the type of qualifying relationship, the duration of the marriage, and sometimes the type of admission. Here are some common examples:

• IR1: Lawful permanent residence granted to the foreign national spouse of a U.S. citizen
• F2A: Lawful permanent residence granted to the foreign national spouse of a permanent resident
• CR1: Conditional permanent residence granted to the foreign national spouse of a U.S. citizen

Spouses admitted under the IR1 or F2A categories receive a permanent resident card, also known as a green card. Although permanent resident status is generally permanent, these cards are valid for a period of 10 years and must be renewed at that point. For couples who have been married less than two years at the time the immigrant visa is granted, the government will issue a “CR1” visa. CR1 spouses are issued a conditional green card that is valid for a period of two years. Within the 90-day period before the card expires, conditional residents must " remove the conditions on residence " in order to maintain status. Many spouse visa beneficiaries are approved as conditional residents.

Eligibility to File a Visa Petition for a Spouse

Before a foreign national may actually apply for a spouse visa, the U.S. citizen or permanent resident must file a petition to establish the existence of a qualifying relationship. Although there are additional requirements for a successful spouse petition, the eligibility is fairly straight forward. The petitioner must:

• Be a U.S. citizen or permanent resident (age 18 or over); and
• Be legally married to the foreign national spouse.

The visa petition starts the process. Initially, the U.S. citizen or permanent resident files Form I-130 (Petition for Alien Relative) and Form I-130A (Supplemental Information for a Spouse Beneficiary) with USCIS. The visa petition package establishes a qualifying relationship and requests the U.S. government to make a visa available to a foreign national spouse.

Same-sex marriages and marriages to transgender spouses are included in marriage-based green card petitions. In other words, they are treated the same as opposite-sex marriages.

Filing Your Spouse's Petition

Filing the petition package involves more than just the government forms. It’s extremely important to prepare a complete I-130 petition package with all of the necessary supporting documents when filing for a spouse visa. USCIS may send a Request for Evidence (RFE) if any information is missing. This additional step will delay the case and increase the time it takes to approve the petition. The typical I-130 petition package will include:

USCIS Filing Fee

Submit a payment for your USCIS fees. Make the check or money order payable to U.S. Department of Homeland Security. (The fee is $535 fee at the time of writing this article.)

Cover letter (optional)

A cover letter is not required, but it can help itemize the documents that you are submitting and highlight any extraordinary circumstances that you want to clarify. Review a sample I-130 cover letter .

Form I-130, Petition for Alien Relative

Submit an accurately prepared visa petition. A well-prepared petition is the best way to keep your case on schedule. Don’t forget to sign.

Form I-130A, Supplemental Information for Spouse Beneficiary

The Form I-130A is only required for the beneficiary spouse. If your spouse is outside the United States, he or she is not required to sign Form I-130A.

Proof of status

If you are a U.S. citizen, submit a photocopy of a birth certificate (if U.S. born), passport, naturalization certificate, certificate of citizenship, or consular report of birth abroad. If you are a lawful permanent resident, submit a photocopy of both sides of your green card or other proof of permanent residence.

Marriage certificate

Include a copy of your marriage certificate to prove that there is a family relationship between you and your spouse.

Proof of previous marriages terminated

If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated such as a divorce decree or death certificate (if the marriage was terminated due to the death of a spouse).

Passport photos

Submit two passport-style color photos of yourself and two passport-style color photos of your spouse taken within 30 days of filing the petition. (Exception: The foreign national spouse does not need to submit photos if currently residing outside the U.S.)

Evidence of a bona fide marriage

Include evidence that you have a bona fide marriage. It’s important to demonstrate you married for genuine reasons, not to evade U.S. immigration laws for the sole purpose of obtaining a green card. You’ll need to submit copies of documents that show evidence of shared financials liabilities, assets, insurance, tax filings, birth certificates of child born in to the marriage, or other documents that you feel shows your bona fide relationship. Read Evidence of Bona Fide Marriage to Support a Spousal I-130 Petition for more extensive information and example evidence.

The example I-130 package described above is for a typical spouse visa case. Depending on your specific case and how you answer questions on the petition, additional documents and evidence may be required at the time of filing.

CitizenPath's Immigrant Visa Petition Package can help you prepare the petition. Our affordable software was designed by immigration attorneys to make the process easier and help eliminate common errors that create delays and rejections. Upon completion, you’ll receive the Form I-130, Form I-130A (ready to sign) and filing instructions with a checklist of supporting documents for your specific situation.

Your Spouse's Path to a Green Card

The information above assumes that your spouse is outside of the United States. Upon approval of the I-130 petition package, USCIS forwards the case to U.S. embassy or consulate where your spouse will ultimately apply for the visa and interview. This is called consular processing. However, in certain cases when a spouse is inside the United States, your spouse may be eligible for adjustment of status.

Consular Processing

Most family-based green card applications go through consular processing . The applicant is located abroad and interviews at a U.S. embassy or consulate.

The basic steps through the spouse visa process are as follows:

• File I-130 Petition Package with USCIS
• Obtain USCIS approval (or denial) on petition
• Submit Affidavit of Support (I-864) and other documentation to National Visa Center
• Pay and apply for immigrant visa (DS-260)
• Complete required medical exam
• Attend visa interview at the U.S. embassy or consulate
• Receive immigrant visa in passport
• Pay immigrant fee online
• Travel to United States
• Receive physical green card in the mail (typically about four weeks of entry)

Adjustment of Status

Certain spouses who are already inside the United States may be able to adjust status to permanent resident . This means that they would apply for the green card inside the United States without the need to travel abroad for an interview. This option is not available to everyone. Eligibility requires that the foreign national spouse:

• Be physically present in the U.S. through a lawful entry; and
• Have an immigrant visa immediately available to them.

Typically, physical presence should be through an entry with nonimmigrant intent. For example, your spouse shouldn't enter on a B-2 visitor visa with the preconceived intent of adjusting status .

When adjusting status, generally there is no need to file Form I-130 and wait. Instead, the foreign national spouse may file an adjustment of status package that includes Forms I-130, I-130A and I-485 (Application to Adjust Status).

Forms & Expenses for Spousal Immigration

The cost considerations below are for a spouse visa through consular processing. The adjustment of status path (for applicants physically present in the U.S.) come with additional costs.

There are other costs associated with an application for a spouse visa. For example, every applicant must attend a medical exam completed by an embassy-approved physician. There is no fee for the form. However, the doctor will charge a fee for the exam. The cost of the required medical exam will vary by country, doctor, and any additional vaccinations that may be required. Other costs may include photos to submit with the application, postage, and any transportation fees associated with travel to a consular interview.

Inadmissibility

After USCIS approves the immigrant visa petition and a visa is available, the foreign national applies for the actual spouse visa. Immigration officials will review the intending immigrant’s background for grounds of inadmissibility. In fact, everyone who applies to enter the United States is checked for inadmissibility. In general, immigration officials will not allow intending immigrants with histories of criminal or terrorist activities, drug abuse, infectious medical problems, or certain other characteristics to enter the U.S.

The following list summarizes some of the major classes of inadmissibility. In some cases, a waiver can be obtained.

If your situation may include any of the above conditions, please consult with an immigration attorney before attempting to file any USCIS form.

If these issues do not apply to your situation, you can likely and save hundreds of dollars compared to an immigration attorney.

Processing Times to Get a Spouse a Visa

As mentioned in a previous section, the I-130 petition is a request by the U.S. citizen or permanent resident to make a visa available to a foreign spouse. For spouses of U.S. citizens, a visa is always available. Spouses of U.S. citizens are considered immediate relatives . On the other hand, spouses of permanent residents are considered family preference immigrants and may experience a bit more of a wait for a visa to become available. However, once USCIS approves the petition, the process is essentially the same for both.

For many spouse visa cases, the process takes less than a year. The entire spouse visa time line can vary for your case. As mentioned, I-130 processing times vary by type of relationship (immediate relative or family preference). Other factors that affect processing time include the workload where your paperwork is processed and how well you prepare the petition.

After I-130 is Approved, What’s Next?

Getting a visa before marriage.

There is alternative path for couples not yet married. The fiancé of U.S. citizens may generally obtain a K-1 visa to enter the United States for the purposes of marriage. The foreign national must marry the U.S. citizen within 90 days of entry to the U.S. If not married at this point, he or she must depart the country. Once married to the U.S. citizen, the K-1 visa holder may adjust status to permanent resident.

K-1 Visa Path to a Marriage-Based Green Card

Removing conditions from a spouse's conditional green card.

As mentioned, immigration officials issue a conditional green card (CR1 visa) to immigrants who have been married less than two years. In the 90-day period before the two-year green card expires, the immigrant must "remove the conditions on residence." It's an extra step, but it's manageable for most couples. Understanding the purpose of the conditional period and which supporting documents are necessary to remove the conditions can streamline the process.

33 Great Documents for Proving a Bona Fide Marriage on an I-751 Petition

About citizenpath.

CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support for the Immigrant Visa Petition Package (Form I-130) , Adjustment of Status Package (Forms I-485 and I-130) , and several other immigration services .

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Learn about K-1 fiancé(e) visas and sponsoring a future spouse

If you are engaged to a U.S. citizen, you may be able to come to the U.S. to get married. Your future spouse must sponsor you, and you must apply for a K-1 fiancé(e) visa.

How to sponsor a fiancé(e) and apply for a K-1 visa

If you are engaged to a U.S. citizen and plan to marry and live in the U.S., your fiancé(e) must sponsor you first by filing a petition. After your fiancé(e)’s petition is approved, you can apply for a K-1 visa to come to the U.S.

Follow the steps to petition for a fiancé(e) and to apply for a K-1 visa. On that page, you will also learn:

• Relationship with your future spouse 
• Income or financial support
• How to bring eligible children
• What forms to use
• What fees you must pay

What happens after your K-1 visa is approved?

If you are issued a K-1 visa:

• You must travel to the United States to marry your fiancé(e) within 90 days of arriving. 
• After you marry, you may apply for an adjustment of status to get a Permanent Resident (Green) Card.
• K-1 visas expire after 90 days and cannot be extended.
• If you do not marry within 90 days, you must leave the country or face possible deportation.

LAST UPDATED: December 8, 2023

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Ask a real person any government-related question for free. They will get you the answer or let you know where to find it.

Immigration help for your business

• News & Reports
• Guides: Pathways to a Marriage Green Card

Green Card Guide: Living in the U.S. and Married to a U.S. Citizen

Start-to-finish guide to ‘concurrent filing’ — the fast track to a spousal green card when both spouses live in the u.s., in this guide.

• USCIS Fee Increase
• Step 1: Green Card Application
• Step 2: Interview and Approval
• Related Information

This guide is for married couples where  both  spouses live  in the United States  and the sponsoring spouse is a  U.S. citizen .

If you haven’t already, first make sure to read our  general overview of the marriage-based green card process , explained in plain language. If you have, great! In this guide, we’ll walk you through the process of applying for a spouse visa (marriage-based green card) step by step.

Our  other start-to-finish guides  can explain the process for couples in different circumstances.

How long does it take to get a spousal green card? 9–20.5 months  for application processing, including the interview ( more details on timing )

What is the estimated cost of a spousal green card? $1760 (excludes roughly $200 for medical exam) ( more details on cost )

Boundless has helped more than 100,000 people reach their immigration goals. We’ll be your visa planning partner from beginning to end.  Get started today!

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IMPORTANT UPDATE:  The marriage-based green card process could get significantly more expensive in the coming months due to USCIS’ new proposed fee structure.

In January 2023, USCIS announced plans to increase filing costs for many different visa categories, including marriage-based green cards. The new fees are not yet in effect, but Boundless is tracking government updates closely. Be sure to check out our  USCIS fees guide  to see if your application would be affected and how much you can expect to pay should the proposal be finalized.

If you both live in the United States and the sponsoring spouse is a U.S. citizen, you’re in luck! You can save time by combining two parts of the process in one “concurrent filing” that you send in a single package to U.S. Citizenship and Immigration Services (USCIS), the government agency that handles these applications:

• Establishing the marriage relationship ( Form I-130 , officially called the “Petition for Alien Relative”)
• Applying for the green card ( Form I-485 , officially called the “Application to Register Permanent Residence or Adjust Status”)

Getting a medical exam

All spouses seeking a green card need to complete a  medical exam . You have two options as far as  when to schedule your appointment  with a civil surgeon. You can either attend the appointment before you file, and then include the exam with your application,  or  you may submit your medical exam to USCIS soon after submitting your application or bring the results with you to your green card interview.

Filing the application

Your complete spousal visa application package must include the following forms (and  supporting documents ), plus payment for the  government fees :

REQUIRED GOVERNMENT FORMS

The following forms are required as part of the full spousal green card application package ( Boundless can help you complete them all ):

• Family sponsorship form  (I-130)
• Supplemental information form  (I-130A)
• Adjustment of Status form  (I-485)
• Financial support form  (I-864)

OPTIONAL GOVERNMENT FORMS

If the spouse seeking a visa (marriage-based green card) wants to work in the United States or travel internationally, the following additional forms can also be included in the full spouse visa application package ( Boundless can help you complete these, too ):

• Work permit application form  (I-765)
• Travel permit application form  (I-131)

MANDATORY GOVERNMENT FEES

• $535 for  Form I-130
• $1140 for  Form I-485
• $85 for  biometrics  (fingerprints and photo)
• Total:  $1760

All other forms — the work permit application, travel permit application, and financial support form — do  not  require additional government fees. And again, the medical exam fee is paid directly to the doctor.

Within about two weeks after mailing the complete application package to the appropriate  USCIS address , you should receive official “receipt numbers” in the mail from USCIS (one each for the  family sponsorship form ,  green card application ,  work permit application , and  travel permit application ).

Approval of the  travel permit  and  work permit  take around five months (longer in some cases).

Not sure what costs to expect? Boundless’ USCIS fee calculator can help determine the exact government fees for your application. We also help you pay your costs in installments, so you can get started now and pay later.  Learn more.

Attending your biometrics appointment

You will then receive notice of a  biometrics appointment , usually about one month after USCIS receives your application package. The appointment is typically scheduled at the  USCIS field office  closest to where you live and is usually low-stress — USCIS will simply take fingerprints and photographs of the spouse seeking a green card, in order to conduct background and security checks. The sponsoring spouse is not required to attend this appointment and often does not attend.

If USCIS needs more information or documents to process your application, they will send you a “ Request for Evidence ” (RFE), typically within 2–3 months.

Attending your green card interview

Once USCIS has completed all the background processing of your  visa application  materials, your file is transferred to your nearest  USCIS field office . This local office will then send you an appointment notice with the time, date, and location of an interview that  both  spouses must attend.

This interview is the last big step in the application process, and it’s normal to feel intimidated and stressed by this part — most couples do. But don’t worry! You can help reduce the stress by knowing what to expect and assembling an organized file to bring to your interview. Check out these resources for more details:

• Guide to the marriage green card interview
• Common interview questions  (these can get very personal!)

A USCIS officer will conduct the interview. If they’re sufficiently convinced that you and your spouse married “in good faith” — that is, your marriage is not fraudulent (see our guide to proving your marriage is authentic) — they may approve your spousal visa application on the spot. It’s important to understand  all the possibilities , though.

Receiving your spousal visa (green card)

Your physical spouse visa (also called a “green card” because of its color) will arrive by mail, typically within two to three weeks of approval. The green card entitles you to work anywhere in the United States and take international trips without separate work and travel permits.

The type of green card you receive will depend on how long you and your spouse have been married  at the time of visa approval :

IF YOU’VE BEEN MARRIED FOR LESS THAN TWO YEARS

Your green card will be marked “CR1” for “ conditional green card .” This type of green card is valid for only two years, at which point you and your spouse must jointly file another form to “remove the conditions” — giving USCIS one more opportunity to make sure that the marriage is authentic — and then get a permanent green card.

IF YOU’VE BEEN MARRIED FOR MORE THAN TWO YEARS

Your green card will be marked “IR1” for “immediate relative green card.” This green card (also called a “permanent green card”) is valid for 10 years, and  renewal  is typically a simple process.

Boundless’ easy questionnaire helps find the right visa for you.  Learn more.

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How to Apply for a Change of Status From a Visitor Visa to a Marriage Green Card

Every year, many foreign nationals meet and fall in love with U.S. citizens and permanent residents while in the country on a B-1/B-2 visitor visa. Many couples choose to make their home in the United States. When that happens, the foreign spouse needs to get a green card to live in the country legally. U.S. immigration law allows immigrants on tourist visas to petition for an adjustment of status from their visitor visa to a green card, but the foreign spouse must meet certain eligibility criteria to do so. In this article, we describe how a foreign spouse qualifies to apply for a marriage green card while on a visitor visa, and what the application process is like when they are changing their immigration status.

Written by Jonathan Petts .  Written May 25, 2022

Can I Change My B-1/B-2 Visitor Visa to a Marriage Green Card?

Applicants who meet certain conditions can qualify to change their immigration status from a visitor visa to a green card. First, you must be eligible for a green card. You can apply for a green card if you meet certain requirements, such as employer sponsorship or familial relationships with a U.S. citizen or lawful permanent resident. While many different family members qualify, immediate relatives have special priority. For example, spouses fall under the category of immediate relatives. 

There are two different paths for spouses to receive a green card. If the spouse is not located in the United States, they can apply for consular processing. If the spouse is already located in the United States, the Immigration and Nationality Act (INA) allows them to apply for adjustment of status .

Who Qualifies for an Adjustment of Status to a Marriage Green Card?

To apply for adjustment of status as the spouse of a U.S. citizen or lawful permanent resident, you must meet two requirements:

Must be located in the United States when you apply 

Must have entered the United States lawfully

For most people, this means you entered the United States with proper travel documents and a valid visa. You also made contact with a Customs and Border Patrol (CBP) immigration officer and the officer recognized your entry. Spouses who entered through the visa waiver program can adjust their status only if they’re married to U.S. citizens. If you are now in unlawful presence, but your entry was lawful, you still qualify. 

What Is the 90-Day Rule?

You need to be present in the United States to submit an adjustment of status application. However, it is important to recognize that B-1 or B-2 visa holders who use adjustment of status to apply for a green card may seem suspicious. 

When you use a B-1 or B-2 visa to enter the United States, you have a nonimmigrant status because you declared that you intend to return home within a certain period. However, if you stay in the United States and apply for a green card, it may seem that you inaccurately represented your original intention to leave. As a result, a U.S. Citizenship and Immigration Services (USCIS) officer could reject your green card application and remove your visa if they decide you purposefully lied. 

It is important to use the 90-day rule to avoid this potential issue. USCIS officers assume that temporary visa holders who apply for a green card within 90 days of arriving in the United States purposefully misrepresented their intentions to leave. USCIS officers decide whether or not you were dishonest about your intentions, so you may be able to prove that you were honest. However, it is safer to prevent this potential issue by waiting at least 91 days after arriving in the United States to file for a green card application.

How Do I Adjust Status From a B-1/B-2 Visa to a Marriage Green Card?

When you’re sure you won’t be affected by the 90-day rule, you can apply for adjustment of status to obtain a marriage green card . Since your spouse already arrived via a B-1 or B-2 visa, they won’t be obtaining an immigrant visa but instead changing their current status. The process will be slightly different depending on whether your spouse is a U.S. permanent resident or U.S. citizen. 

If I Married a U.S. Permanent Resident (Green Card Holder)

If you married a U.S. permanent resident and hope to get a marriage green card through adjustment of status, your spouse should file Form I-130 . Form I-130 is the family sponsorship form and is officially named “Petition for Alien Relative.” After your spouse files this form, you must wait to receive a visa number to apply for a marriage-based green card. However, your next steps depend on whether you get your visa number before or after your B-1 or B-2 visa expires. 

Before Your Visa Expires

If you receive your visa number before your visa expires, you can stay in the United States to file your green card application. You will fill out Form I-485 , which is officially named “Application to Register Permanent Residence or Adjust Status.” After USCIS approves your application, you will receive your physical card. The entire process, beginning when USCIS received your Form I-130, will take about 29 to 38 months . 

After Your Visa Expires

If you receive your visa number after your visa expires, you have to leave the United States to file your green card application through consular processing. You will use the process for spouses married to green card holders but living in their home country. After USCIS approves your green card application, you will receive the physical card. The entire process, since USCIS received your Form I-130, will likely take 23 to 32 months . 

You will have to leave the United States unless you can extend your B-1 or B-2 visa or get another type of temporary visa to remain legally. If you can do so, you can follow the process for spouses married to green card holders and living in the United States. 

If your spouse becomes a U.S. citizen through naturalization while waiting for your visa number, you can switch your process to the process for people who married a U.S. citizen. You can do this even if you have already started your application process. 

If I Married a U.S. Citizen

However, if you married a U.S. citizen and hope to get a green card through adjustment of status, you and your spouse will have a somewhat similar process when following the steps to obtain a marriage green card . You and your spouse should try to file the following forms at the same time. Although you can file them separately, that is unusual. 

Your spouse, who is a U.S. citizen, should sign and file Form I-130, which is officially named “Petition for Alien Relative.” You, as the B-1 or B-2 visa holder, need to file Form I-485. Form I-485 is the green card application and is officially named “Application to Register Permanent Residence or Adjust Status.” You will likely receive your green card 10 to 13 months after USCIS receives your application package if you married your U.S. citizen spouse “in good faith.” “In good faith” means that you did not marry them just to receive a green card, and you will have to prove this to the U.S. government.

You also have the option to return to your home country to file your green card application through consular processing. Your local U.S. consulate or embassy will review your application. There will be lower application fees and a longer processing time to receive your green card if you use consular processing. 

Frequently Asked Questions About Adjustment of Status From B-1/B-2 Visas to Marriage Green Cards

Adjusting your visa status can be complicated. Here are some answers to frequently asked questions (FAQ), including application processing times, working in the U.S. while waiting, and other general application tips. 

How Long Does Adjusting Status to a Marriage Green Card Take?

Immigration application processing times can vary widely. The time it takes to adjust status to a marriage green card can vary depending on whether your spouse is a U.S. citizen or permanent resident and whether you reside in your home country or the United States. On average, it will take 10 to 38 months to receive your green card. Here are some common times depending on your circumstances:

Married to a U.S. citizen and living inside the U.S.: 10 to 13 months

Married to a U.S. citizen and living outside the U.S.: 11 to 17 months

Married to a green card holder and living inside the U.S.: 29 to 38 months

Married to a green card holder and living outside the U.S.: 23 to 32 months. 

Can I Work While Waiting on a Decision on My Adjustment of Status Application?

You can work while waiting for your decision if you meet certain requirements. For example, if you came to the United States through a work visa, you could continue to work if the visa is still valid. If you came to the United States on a different visa, you might be able to get a work permit. You should file Form I-765, officially named “Application for Employment Authorization,” to receive a work permit . If USCIS approves your application, you can legally get a job. 

What Are Some Tips To Keep in Mind While Considering Adjustment of Status to a Marriage Green Card?

As you are considering adjusting status to a marriage green card, keep in mind that you can request an extension for your B-1 or B-2 visa. If you have a six-month visitor visa, you can request an additional six months to stay in the country. You should file for an extension or adjustment of status before your current visitor visa expires. It is important to ensure you don’t overstay your visa and become unlawfully present. 

You can also consider using a K-1 visa instead of a B-1 or B-2 visa if you have not yet married your spouse, but you will be traveling to the United States for your wedding. The K-1 visa is for foreign citizens who want to travel to the United States to marry their U.S. citizen fiancé. It allows you to apply for a green card after marriage without leaving the United States. In addition, the K-1 visa can help prevent further suspicion about your intentions when applying for adjustment of status.

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UK visa rules tore my family apart – and for others like us, it’s about to get much worse

A new income threshold means only the richest 30% of employed Britons will be able to bring their partners here. It’s unspeakably cruel

S ix years ago almost to the day, with my 15-month-old daughter strapped to my chest, I fought back tears, waved my husband off at Bengaluru airport in India and boarded a plane back to the UK. I wasn’t sure when I’d see him again, or when he’d see his child.

Even though he was the foreign spouse of a British citizen (at that point, we had been married for more than five years) and the father of a British child, he had no right to accompany us when we relocated to the UK. This despite the protestations of friends and relatives, who felt sure we’d not done our research properly.

A minimum income threshold in order to apply for a spouse visa was introduced by Theresa May in 2012, but public consciousness of the policy – then as much as now – was low outside those people directly affected. It was set at £18,600 a year, but the devil was in the details.

As we dug deeper, we realised that I needed to produce six months of continuous payslips proving the income before a visa application could even be submitted. I had a job offer with a salary above the threshold waiting for me back in the UK, and my husband already earned above the threshold in India – yet this meant a “best-case” scenario of nine months apart in order to relocate our family from his home country to mine, once the visa processing time was taken into account.

In the end, our time apart was closer to a year. My husband missed our daughter’s first sentences, her transition out of a cot and her second birthday. In the process, she forgot the Hindi he’d lovingly sung and spoken to her since birth.

Commuting to a full-time job to meet the income requirement while in essence being a single parent meant that I too saw far less of her, and my mental health spiralled out of control. All of that time was spent wondering if we’d made the right choice.

In all of this, we were the lucky ones. Our application, while onerous and expensive, went through smoothly. Then, the basic fee for a two-and-a-half-year spousal visa was about £1,500. Now, it stands at £1,846.

After a small amount of lobbying, our local MP wrote a letter to the Home Office in support of our application, despite having voted in support of the policy. Crucially, my mother stepped in to care for our daughter and to prop me up emotionally.

Ultimately, we were reunited. Six years and three visas later, my husband has indefinite leave to remain, and we finally have a degree of security. Tragically, there are now children who have been separated for more than a decade from one of their parents, and couples who know there is no realistic possibility of them living in the same country. There will now be many more.

On 11 April, a new income threshold for spousal visas will come into place, set at £29,000. The threshold will go on to more than double from its original rate, rising to about £34,500 later this year, and then to about £38,700 in early 2025. This is part of the plan of the home secretary, James Cleverly, to reduce immigration. Migration Observatory research suggests that the new threshold means that about 50% of employed British citizens cannot “afford” to have a foreign spouse, which will rise to 70% by 2025.

The Home Office will tell you that this is to ensure “integration” and to avoid a burden on taxpayers. This is not true. Those on a spouse visa already have no recourse to public funds, pay an annual NHS surcharge and have the best possible support – a spouse – when adjusting to life in the UK. Separated families, on the other hand, struggle financially and emotionally, the collateral damage of a policy incomprehensible even to the MPs who voted for it.

I’m writing this in the early hours of the morning, having just relieved my husband from night duty caring for a toddler – our second child – who is feeling miserable with an ear infection. Night-wakings and poorly children are still very much a feature of family life. But we are doing it together, and we’ve never lost our sense of how precious, how essential, that is.

Families belong together. The spouse income threshold, unparalleled in any other country, means that our government stands in opposition to this fundamental and most sacred of rights.

Maegan Dobson Sippy is a children’s book editor and writer

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Home Affairs visa backlog ballooning as foreign nationals use loophole

H ome Affairs Minister Dr Aaron Motsoaledi has blamed visa backlogs on the growth in the number of notarial contracts being instituted by foreign nationals using non-existent spouses.

Motsoaledi was speaking at a media briefing in Pretoria, on Tuesday on the amended immigration regulations, over which he said there seemed to be some misunderstanding.

He said as a result of the confusion, the department would be withdrawing the gazetted amendments to clear up the misconceptions and would re-gazette them as early as next week.

The minister admitted that his department was experiencing a backlog surrounding dependants, spouses and relatives’ visas being sought by foreign nationals who had been approved to come into the country after successfully obtaining employment.

He said in most cases while the approvals were easily obtained, they did not include spouses and dependants, which many were decrying as they were not willing to be separated from their families.

Despite understanding this need, Motsoaledi said there was a situation which allowed foreign nationals to obtain a spousal visa should they marry a South African citizen, which was causing a problem for the department. He said they were finding that, in many cases, spouses that did not exist were being created through notarial contracts simply to obtain visas.

“Through the notarial contracts you come with a partner, and go to the notary general to write you a contract stating that you are staying together as partners and when you bring that to Home Affairs, they regard you as a spouse.

“The number of notarial contracts is increasing day by day but when we send immigration officers to visit such families, they don’t find any spouse,” Motsoaledi said.

The minister said what was even more alarming was the fact that the number of these kinds of contracts were growing in “leaps and bounds”, resulting in the backlog. “This backlog is changing every day because the notarials are growing daily. Now we have a situation where immigration officers visit families for six months, with no spouse in sight, so what are we to do? Unfortunately, it’s a problem we are going to have to change because it’s in the law.”

He stressed that his department usually did not experience backlogs on critical skills, general work and business visas “but people with critical skills may be complaining of delays referring to delays in obtaining spouses for their visas”.

“The only way to know that indeed we have delayed giving someone a critical skills visa is for companies to provide us with a name of the employed person, because once you appear in the gazette and give us a letter of employment from your employer we issue it (the visa) immediately.”

Motsoaledi said that while several complaints been received from Chamber of Business units and allegations were made in the media, when requested to provide a list of names to verify, none were forthcoming.

“The reality we face is that you might be an engineer with a PhD but if no company gives you a job in South Africa, why should we allow you to come?

There must be a company that needs you and then we can come in and facilitate entry into the country.

“The change we are bringing in these amendments is to do away with the requirement of having to go to the Department of Employment and Labour and replace it with a point-based system.”

The minister said they were unable to expand more on the point-based system because it still needed to be gazetted as they wanted to hear what the public would say about the scoring or points awarded.

The Mercury

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Brazil-bound us travelers will need to show bank statements to visit country next year.

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US travelers hoping to visit the beautiful beaches of Brazil will have to acquire a visa first beginning in 2025 — meaning they’ll have to share their bank statements with the South American country.

Beginning April 10, 2025, Brazil-bound travelers from the US, Canada and Australia need to be approved for a visa before their trip, CNN reported .

The application includes providing proof of income by either showing their last three checking or savings account statements or their previous six pay stubs, according to the Brazilian government’s website . Those who do not meet the threshold of $2,000 or more will need a sponsor.

Fortunately, the application process for an e-visa can be done online rather than at a consulate in person.

The visa fee is $80.90 with a 10-year validity and stays are limited to 90 days per year, the US Consulate in Brazil announced .

Additionally, Americans must provide a letter of intent outlining the duration and purpose of their trip and include information about where they will be staying.

They additionally must prove their US citizenship and show return tickets.

Brazil is reinstating the visa requirement for US tourists, who until 2019 had needed visas, according to CNN.

E-visas were introduced for just one year before the entire system was completely abolished.

Processing times for the Brazil visa system will be an average of five working days but officials “strongly recommend” applying two months before a trip.

The Brazilian Embassy and US State Department did not immediately respond to The Post’s request for comment.

For Brazilians planning to travel to the US, the process is much more complex, and visa systems between countries typically are established based on reciprocity, CNN reported.

Nearly all Brazilians must schedule an in-person visa appointment at their nearest embassy and prove they have the financial means to afford their planned trip. The visa costs $185.

Between January and September 2023, some 483,000 Americans visited Brazil — second only to its neighbor Argentina, according to TravelPulse.

Last year, the European Union decided to delay its controversial pre-travel program for American travelers, set to begin last May, until 2025 after several roadblocks.

The European Travel Information and Authorisation System , of ETIAS, will apply to visitors without visas from 60 countries, including the US, UK and Canada.

The program is needed to enter 30 European countries , including Spain, Germany, France and Greece.

Applicants must provide passport information, and personal info such as their place of birth and their parents’ first names, education level, current occupation, anticipated trip details and any criminal convictions.

It also entails an $8 fee.

ETIAS visas are valid for three years or until your passport expires. Visitors can enter European countries as often as they want for short-term stays — typically for up to 90 days in an 180-day period.

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Important pamphlet: for k-1, k-3, ir-1/cr-1, and f2a immigrant visa applicants (international marriage broker regulation act).

If you are immigrating to the United States to live permanently, following U.S. immigration laws, we welcome you. 

We understand you may not be familiar with laws in this country. We want you to know, under all circumstances, domestic violence, sexual assault, and child abuse are illegal in the United States and that all people in the United States are guaranteed protection under law from abuse. All victims of domestic violence, regardless of their immigration status, may seek and receive help.  

This webpage and the pamphlet below inform applicants applying for K-1 visas as fiancé(e)s of U.S. citizens, K-3 visas as spouses of U.S. citizens, IR-1/CR-1 immigrant visas as spouses of U.S. citizens, and F2A immigrant visas as spouses of lawful permanent residents (LPRs) of their legal rights relating to domestic violence, sexual assault, and child abuse. Additionally, K-1 and K-3 visa applicants are provided with any existing criminal background information on their U.S. citizen fiancé(e)s or spouses that the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), received from other government agencies during processing of I-129F petitions filed for them.

The U.S. Government created the pamphlet below based on a U.S. law, the International Marriage Broker Regulation Act of 2005 (Title D of Public Law 109-162), which reaffirms and strengthens the U.S. Government’s commitment to fight domestic violence and abuse in all forms.

Learn and Know - Your Rights, Protections, and Resources

For Visa Applicants in the K-1, K-3, IR-1/CR-1, and F2A categories: Before your visa interview at the U.S. embassy or consulate abroad, it is important that you carefully read the pamphlet below. In doing so, you will learn about your rights and protections, as well as resources available to you, if help is needed when you come to the United States.  During your visa interview, the consular officer will summarize the information in the pamphlet. After reading the pamphlet, keep it handy for quick reference later, as needed.

Note : In preparing for your visa interview, you will also need to make sure you have all required documentation ready including your completed visa application. For more information about these visa categories, check the  K-1 Fiancé(e) ,  K-3 Spouse of a U.S. Citizen ,  IR-1/CR-1 Spouse of a U.S. Citizen , or  F category Family-Based Immigrants  webpages on this website. For detailed application instructions, check the website of the  U.S. embassy or consulate  where you will apply for your visa.

Pamphlet in English: Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa (All versions are in .pdf format)

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A complete guide to the UK’s spouse visa

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If you're looking to join your partner in the UK and you don't already have citizenship or permanent residency, applying for a UK spouse visa could be the ideal path for you. This guide offers a comprehensive overview of the UK's spouse visa, including eligibility criteria and the application process.

Apr 11, 2024 by Telerik.Sitefinity.DynamicTypes.Model.SableTeamMembers.Member

What is the UK spouse visa?

The UK spouse visa is part of the family visa category, which also includes visas for fiancés and parents of British children. Each of these visas comes with its own set of specific eligibility criteria.

If you’re married to, or in a committed relationship with a British citizen or someone with settled status, you may be eligible for the UK spouse visa, which allows you to join your spouse or partner in the UK. This visa has no limitation on the type of work you can do in the UK.

The UK spouse visa’s benefits

There are a number of benefits to a UK spouse visa, they include the following:

• You can live in the UK with your spouse
• You can work and study in the UK without restriction
• You can stay in the UK for an initial two years and nine months before you need to renew your visa for a further two years and six months.
• Once you have completed five years on the spouse visa, you can apply for indefinite leave to remain (ILR) and settle in the UK permanently
• The UK spouse visa is a route to British citizenship

What are the requirements for the UK spouse visa?

Genuine relationship requirement.

You will need to show that you are either married to or in a long-term relationship with a British citizen or someone with settled status. If you are unmarried, you need to prove that you have been in a genuine and subsisting relationship for at least two years.

You previously had to be cohabiting for at least two years prior to your application, but this stipulation has been done away with from January 2024.

Financial requirement

You will need to prove that you and your partner are able to sustain yourselves and that your British partner meets a minimum income threshold of £29,000 per year. You would need to do this without relying on public funds.

The financial requirement changed on 11 April 2024; it was previously £18,600 per annum. Additional increments are not confirmed yet, however the Home Office wants to increase this amount up to £38,000 by early in 2025. The good news is that if you have any dependants on this visa, an extra fee is no longer applicable.

English language

You must be able to speak and understand English at the required level. You would need to provide evidence of having an academic qualification in English that is equal to a UK bachelors, master’s or PhD degree and a formal assessment would need to be completed to confirm this. Alternatively, you would need to pass an English test by a UKVI approved provider. You will be exempt from meeting the English language requirement if you are over 65 years old or mentally or physically incapacitated.

You and your spouse must both be older than 18 years.

How much does a UK spouse visa cost?

Before applying for a UK spouse visa, it is important to know the costs involved. You will need enough money to pay the application fee, immigration health surcharge (IHS) and to support yourself when you arrive in the UK.

• The application fee depends on whether you are applying from within (£1,048) or outside the UK (£1,846).
• The IHS fee from outside the UK is £1,035, which you must pay for every year that your visa is valid. That means that your upfront IHS fee will be £3,105. The IHS fee from within the UK (for an extension) is £2,587.50.

How the UK spouse visa can lead to permanent residence

The spouse visa is a route to settlement. After extending your visa for another 30 months, you will have spent the required five years in the UK that is needed for ILR (permanent residency). After holding ILR for 12 months, you may be eligible to apply for British citizenship as long as you fulfil the other criteria.

These are requirements to become eligible for ILR:

• You should meet the financial requirements in terms of your salary as set out on your visa
• You should produce evidence of knowing English
• You must not have been out of the UK for more than 180 days in a 12-month period for the duration of the five years
• You must be of good character

If you have any questions about obtaining a UK visa, switching to a different visa or extending your current visa, get in touch with us on +27 (0) 21 657 2180 or at [email protected] .

We are a professional services company that specialises in cross-border financial and immigration advice and solutions.

Our teams in the UK, South Africa and Australia can ensure that when you decide to move overseas, invest offshore or expand your business internationally, you'll do so with the backing of experienced local experts.

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• Mexico – Visa Required for Peruvian Nationals as of 20 April 2024

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Mexico’s Ministry of Foreign Relations has announced that Peruvian nationals who intend to enter Mexico as visitors must apply for the Visitor Visa, regardless of the length of the stay in the country.  The need for a visa will come into effect as from 20 April 2024.

The agreement that determines the temporary application of Visitor Visas for individuals with Peruvian passports was published in Mexico’s official gazette ( Diario Oficial de la Federacion ) on 5 April 2024. 1

The reason for this change has to do with the increase of Peruvian nationals coming to Mexico for a different purpose than the one allowed as a visitor for business or tourism purposes.  

WHY THIS MATTERS

This represents a significant policy change.  For Peruvian nationals with plans to come to Mexico for tourism purposes, new steps will need to be followed to be compliant with the new procedures.

Individuals with a Peruvian passport who intend to come or return to Mexico as visitors as of 20 April, shall be allowed to enter Mexican territory as long as they are in possession of the proper Visitor Visa.

Note this agreement does not apply to individuals with Peruvian passports who:

• have a valid Mexican work permit;
• hold a valid visa with multiple entries from Canada, USA, Japan, United Kingdom, or any of the countries that are part of the Schengen Area;
• hold a Permanent Resident status, for immigration purposes, in Canada, USA, United Kingdom, or any of the countries that are part of the Schengen Area, as well as countries that are members of the Pacific Alliance (Colombia and Chile). 

Special Considerations

If a holder of a Peruvian passport booked an airplane ticket before 6 April 2024, and the travel will take place after 20 April 2024, he or she can contact the Mexican Embassy for a priority appointment.

KPMG INSIGHTS

The situation does not allow much time to consider what the new rules mean for travel by Peruvian nationals who have already made plans to travel to Mexico and to take the steps necessary to be in compliance.  They may wish to consult with their travel agents and/or their immigration counsel or a member of the KPMG Immigration team in Mexico (see the Contacts section). 

1  Relaciones Exteriores, Visas, Información Importante at: https://embamex.sre.gob.mx/peru/index.php/sconsulares/visas .

ACUERDO por el que se da a conocer la aplicación temporal de la visa de visitante sin permiso para realizar actividades remuneradas en pasaportes ordinarios de las personas nacionales de la República del Perú in Diario Oficial de la Federación at: https://www.dof.gob.mx/nota_detalle.php?codigo=5722445&fecha=05/04/2024#gsc.tab=0 .

Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.

The information contained in this newsletter was submitted by the KPMG International member firm in Mexico.

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When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: May 2024

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process . If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to Register Permanent Residence or Adjust Status . This page will help you determine when to file your adjustment of status application.

When to File

Use the Visa Bulletin charts below to determine when to file your adjustment of status application.

To use the charts:

• Find your visa type in the first column (on the left) of the appropriate chart (Family-sponsored or Employment-based).
• Stay in that row and move directly to the right to find the corresponding date under the country of your birth (as listed in the boldface columns across the top).
• If the date on the chart is current (“C”), or your priority date is earlier than the date on the chart, you may file your adjustment of status application, if otherwise eligible to do so.
•  “U” means unauthorized; for example, numbers are not authorized for issuance.

Your priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. If a labor certification is required to be filed with your immigrant visa petition, the priority date is the date the labor certification application was accepted for processing by the Department of Labor.

About the Visa Bulletin

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin . The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date.

On Nov. 20, 2014, the Secretary of Homeland Security directed USCIS to work with DOS to:

• Ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas, and
• Improve the Visa Bulletin system for determining when immigrant visas are available to applicants during the fiscal year.

Additionally, in July 2015, the Administration issued its report on Modernizing and Streamlining Our Legal Immigration System for the 21st Century (PDF) . This report included detailed recommendations to revise and update the monthly Visa Bulletin to better estimate immigrant visa availability and provide needed predictability to nonimmigrant workers seeking permanent residency.

USCIS, in coordination with DOS, revised the procedures for determining visa availability for applicants waiting to file for adjustment of status. The revised process will better align with procedures DOS uses for noncitizens who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand in determining the cut-off dates for the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates. Additional goals are outlined in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st Century (PDF) .

New Visa Bulletin Charts

The Visa Bulletin will now have two different charts because of the revised procedures. DOS will post two charts per visa preference category in the DOS Visa Bulletin. The charts are:

• Application Final Action Dates (dates when visas may finally be issued); and
• Dates for Filing Applications (earliest dates when applicants may be able to apply).

When USCIS determines there are immigrant visas available for the filing of additional adjustment of status applications, the Dates for Filing Applications chart may be used to determine when to file an adjustment of status application with USCIS. Otherwise, the Application Final Action Dates chart must be used to determine when to file an adjustment of status application with USCIS.

In coordination with the DOS, USCIS will monitor visa numbers each month and post the relevant chart on this page under When to File.

Determining Visa Availability

USCIS considers several factors to determine if there is a greater supply of visas than the demand for those visas. To determine visa availability, USCIS will compare the number of visas available for the remainder of the fiscal year with:

• Documentarily qualified visa applications reported by DOS;
• Pending adjustment of status applications reported by USCIS; and
• Historical drop off rate of applicants for adjustment of status (for example, denials, withdrawals and abandonments)