Married to a U.S. Citizen and Living Abroad

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Last updated: August 12, 2025.

By Asel Williams, Esq. · Columbia Law School · Licensed immigration attorney

Foreign nationals married to US citizens and residing abroad are eligible for IR-1/CR-1 spousal visa.

IR-1/CR-1 spousal visa is an immigrant visa that leads to permanent residency in the U.S.

“Petitioner” is the US citizen spouse
“Beneficiary” is the foreign spouse applying for a visa

In this guide, we will discuss the spousal visa application process, checklists of required documents, and the average processing time.

How to apply for a spousal visa if married to a US citizen and living abroad

The process of obtaining an immigrant visa for a spouse of US citizen residing abroad consists of the following three steps:

Step 1. Filing Forms I-130 and I-130A with USCIS. US citizen spouse will need to first file Form I-130, Petition for Alien Relative. The purpose of this form is establishing two facts:

Petitioner’s US citizenship status
Validity of the marital relationship

All spouses of US citizens must also file Form I-130A, along with Form I-130.

Important: US citizen spouse doesn’t have to be physically present in the US when Form I-130 is filed with USCIS. You can file Form I-130 online soon after obtaining a marriage certificate. Couple can get married in any country in the world.

Step 2. Filing Form DS-260 and Affidavit of Support with the National Visa Center. After Form I-130 is approved, USCIS will forward the case to the National Visa Center (NVC). NVC processing is the 2nd step of the application that includes the review of beneficiary’s immigrant visa application and petitioner’s Affidavit of Support.

Once NVC receives an approved Form I-130 from USCIS, both petitioner and beneficiary will be sent an email or mail containing the “Notice of Immigrant Visa Case Creation”. This notice will provide two important numbers:

NVC Case Number
Invoice ID Number

Beneficiary can access their online immigration visa application on the CEAC (Consular Electronic Application Center) website.

Once the government filing fees are paid ($325 for Form DS-260 and $120 for Affidavit of Support), beneficiary can start filling out Form DS-260, Immigrant Visa Electronic Application. This form collects beneficiary’s biographic information, address and employment history, along with the background information. After Form DS-260 is submitted by beneficiary, a number of so-called “civil documents” must be uploaded.

Learn more:

Petitioner must upload a signed Affidavit of Support (Form I-864) and upload the following documents to the online CEAC account:

Proof of US citizenship – at least one of the following documents:
- US birth certificate (if born in the US)
- US naturalization certificate (if obtained US citizenship through naturalization process)
- US citizenship certificate
- Unexpired US passport
- Consular Report of Birth Abroad (if born abroad to US citizen parents)
Most recent federal tax return or IRS tax transcript
Most recent W-2 and/or 1099 form(s)
Proof of US domicile (required for some petitioners)

Step 3. Interview at the U.S. Embassy/Consulate. The last of the application is attending an interview appointment at the U.S. Embassy/Consulate in beneficiary’s country of residence. Beneficiary will need to complete a medical examination with one of the approved doctors prior to the interview. To successfully pass the interview, an applicant must bring all the required documents to their appointment.

Complete interview instructions for each US Embassy/Consulate are available on the US Department of State website. If the immigrant visa application is approved by the consular officer, a passport with the stamped visa will be returned to you within 1-2 weeks after the interview date. You will need to pay the USCIS Immigrant Fee prior to entering the U.S.

Step 4. Entering the US. Immigrant visas are typically valid for 6 months. This means that beneficiary must enter the U.S. before the visa expiration date. On the day you enter the US, you become a permanent resident. USCIS will mail the original green card to beneficiary’s US address provided on Form DS-260.

Step 5. Registration with Selective Service. All male immigrants between the ages of 18 and 26 years old must register with the Selective Service. Failure to timely register with the Selective Service might delay your eligibility for US citizenship application.

Step 6. Removal of Conditions (if applicable). Spouses of US citizens who enter the US before their 2nd marriage anniversary will obtain a conditional green card. Conditional green cards are issued for 2 years. To remove conditions on residence, a couple must jointly file Form I-751, Petition to Remove Conditions on Residence, with USCIS. Form I-751 must be filed within the 90-day period before the conditional green card’s expiration date.

Spouses of US citizens who enter the US after the 2nd marriage anniversary, are not subject to the conditional residency. Instead, they receive a 1o-year unconditional green card. If your green card is valid for 10 years, you do not need to remove conditions.

Step 7. US citizenship application. Spouses of US citizens are eligible to apply for US citizenship 2 years and 9 months after obtaining permanent residency. The process of obtaining US citizenship is called “Naturalization“. To be eligible for US citizenship, you must meet certain naturalization requirements:

Continuous residence in the US (you cannot take trips outside the US that last more than 6 months)
Good faith marriage to US citizen spouse (you will need to provide new evidence of marriage)
Good moral character (lack of criminal records, filing of federal tax returns, payment of all federal taxes, timely registration with the Selective Service for male immigrants, etc.)

Step 8. Sponsoring beneficiary’s relatives. Once beneficiary becomes a US citizen, they are eligible to sponsor their family members:

Parents of US citizens (IR-5)
Unmarried children under 21 (IR-2)
Unmarried sons and daughters over 21 (F1)
Married sons and daughters of any age (F3)
Siblings of US citizens (F4)

To sponsor an eligible relative, you need to file Form I-130 with USCIS.

What immigration forms must be filed if I am married to a US citizen and living abroad?

If you are married to a US citizen and live abroad, file the following immigration forms:

Application step

Immigration forms to be filed

Step 1. Form I-130, Petition for Alien Relative

File it with USCIS online or by mail

Form I-130 (to be completed by US citizen)
Form I-130A (to be completed by foreign spouse)

Step 2. National Visa Center

Form DS-260 (to be completed by foreign spouse)
Form I-864 (to be completed by US citizen)

What documents are required if I am married to a US citizen and living abroad?

If you are married to a US citizen and reside abroad, you will need to submit the following documents:

Application step	Required documents (submit photocopies)
Step 1. Form I-130 filed with USCIS	Proof of petitioner’s US citizenship, at least one of the following documents: US birth certificate (if born in the US) US naturalization certificate (if obtained US citizenship through naturalization) Unexpired US passport Consular Report of Birth Abroad (if born abroad to US citizen parents) Marriage certificate Evidence of termination of previous marriage(s) – for each spouse US passport-style photographs of each spouse: If filing online – digital photograph of each spouse If filing by mail – two printed photographs of each spouse Legal name change documents (if applicable) English translation of each document in foreign language Proof of bona fide marriage: Religious marriage certificate (if applicable) Birth certificates of children born to the couple showing both spouses as parents of the child Evidence of correspondences between the spouses for periods where the spouses lived apart from each other. For example, messages, phone and video calls Evidence of vacations taken together such as airline tickets or itineraries showing the couple traveling together and/or hotel invoices listing both spouses Annotated personal photographs (engagement, wedding, photographs of the couple together with family and friends, vacations, from throughout their relationship), each photograph must have detailed description (date, location, occasion, people depicted in the photograph) Money transfers Purchase receipts for engagement and wedding rings Wedding expenses Notarized affidavits from other friends and family members having personal knowledge of the marriage Joint bank account statements (if available) Note: some documents such as joint bank account statements and joint lease agreements might be impossible to obtain for couples living in different countries. You are allowed to provide any other comparable evidence of marriage
Step 2. National Visa Center	Beneficiary’s civil documents: Passport Birth certificate Marriage certificate Evidence of previous marriage(s) termination Police certificate(s) Certified criminal records Digital US passport-style photograph English translation of each document in foreign language Petitioner’s proof of income: Proof of US citizenship, at least one of the following documents: US birth certificate (if born in the US) US naturalization certificate (if obtained US citizenship through naturalization) Unexpired US passport Consular Report of Birth Abroad (if born abroad to US citizen parents) Most recent federal tax return or IRS tax transcript Most recent W-2 and/or 1099 form(s) Proof of US domicile
Step 3. Interview appointment at the US Embassy/Consulate	Beneficiary brings the following documents to the interview appointment: Medical examination results in a sealed envelope (if the physician gives you these results) A copy of NVC interview letter Original unexpired passport valid for six months beyond beneficiary’s intended date of entry to the US and a photocopy of the biographic page If you have a valid nonimmigrant U.S. visa in another passport, bring that passport as well Two (2) color photographs of beneficiary (5 cm x 5 cm, or 2 inch x 2 inch). Please review the photograph requirements Confirmation page from the Form DS-260 Application (one page document with barcode) Your original birth certificate, English translation, and a photocopy Original marriage certificate, English translation, and a photocopy Original evidence of previous marriage(s) termination for both petitioner and beneficiary, English translation, and a photocopy. Original or certified copies of birth certificates for all children of the beneficiary (even if children are not accompanying Signed Form I-864 Affidavit of Support for each financial sponsor along with a photocopy of the sponsor’s IRS transcript or most recent U.S. federal income tax return, and any relevant W-2 and/or 1099 form(s) Proof of U.S. petitioner’s immigration status and domicile in the US Evidence of the marital relationship Original police certificate from your country of current residence and countries of previous residence If you have ever been convicted of a crime: Court and criminal records, English translation, and a photocopy. If you have served in any country’s military: Military records, English translation, and a photocopy.

Processing time if married to a US citizen and residing abroad

Application Steps	Estimated Timeline
Step 1. USCIS processing of Form I-130	12-13 months
Step 2. USCIS Receipt Notice issued	2 weeks from the date of filing Notice of Approval received in the next 12-13 months
Step 3. National Visa Center Processing	1 month
Step 4. Interview at U.S. Embassy or Consulate	1-10 months
Step 5. Green Card Arrival by mail	3 months after arrival in the U.S.

You can also check out the detailed timeline for each of the USCIS application centers here.

IR-1 and CR-1 Visa, Immigrant Visa for a Spouse of U.S. Citizen