Updated November 3, 2026

US spouse visa requirements: the I-130 checklist, proof of marriage and 2026 income rules

To sponsor a spouse for a US green card, you must be a US citizen, green card holder or US national and file Form I-130 and Form I-130A with proof of a legally valid, bona fide marriage. Most sponsors in the 48 contiguous states must also sign Form I-864 showing household income of at least $27,050 for two people (125% of the poverty guidelines), or $21,640 (100%) on active military duty.

Every rule below comes from USCIS's pages and instructions for Forms I-130, I-864, I-864P and G-1055, checked on November 3, 2026, including the income table effective March 1, 2026, plus the State Department's spouse visa rules.

IR-1 vs CR-1: which visa your spouse gets

IR-1 and CR-1 are the immigrant visas for the spouse of a US citizen. Which one your spouse gets depends on how long you've been married on the day they enter the US, per the State Department.

What it costs, as of November 3, 2026. USCIS fees are from Form G-1055 (edition 10/26/26). State Department fees are from 22 CFR 22.1, as listed in our CR-1 visa processing time guide.

Who can sponsor a spouse for a US green card?

You must be a US citizen, a lawful permanent resident (green card holder) or a US national. Your path depends on your status and where your spouse lives now. Immigrant visas are always immediately available for immediate relatives of US citizens. Spouses of green card holders must wait until a visa number is available before they can apply abroad or adjust status in the US.

If you're deciding whether to marry abroad or bring your partner over before the wedding, the K-1 row above is the other route, and our K-1 interview questions guide shows what fiancé(e)s get asked. For how long each spouse visa step takes, see the CR-1 processing time guide linked above.

Conditional or permanent green card: what is the 2-year rule?

It depends on how long you've been married on the day your spouse gets permanent resident status. If it's less than 2 years, your spouse gets conditional permanent residence. To remove the conditions, you file Form I-751, Petition to Remove the Conditions of Residence, together. Don't use Form I-90 for this.

Watch the 90-day window. Form I-751 must be filed in the 90 days before the conditional card expires. If it isn't, your spouse's status will be terminated and they may face removal from the United States.

How do you file Form I-130 and Form I-130A?

Form I-130 (edition 04/01/24) is the first step to establish your marriage. Filing it, or even getting it approved, doesn't by itself give your spouse any immigration status. For a spouse, you also file Form I-130A, Supplemental Information for Spouse Beneficiary.

You can file online through a myUSCIS account or by mail. USCIS changed the I-130 mailing addresses on October 7, 2026, with a 30-day grace period for forms postmarked on or before November 9, 2026 and sent to an old address. Paper filers in the US mail to the Chicago or Phoenix lockbox, depending on their state and whether they're filing Form I-485 too. Petitioners outside the US can file online or mail to the Chicago lockbox. A US citizen filing for an immediate relative can, in limited cases, ask to file at a US embassy or consulate.

In Part 4, answer only one of Question 61 or 62 to say whether your spouse will adjust status in the US or go through consular processing abroad. Don't answer both, and don't leave it blank. USCIS rejects a petition that isn't signed or is missing any of these fields:

• Part 1: the relationship
• Part 2: your full name, date of birth, mailing address and marital information
• Part 4: your spouse's full name, date of birth, physical address and marital information

• Separate petitions for children. A US citizen petitioning for a spouse must file a separate Form I-130 for each biological child, stepchild or adopted child, with a copy of the spouse's I-130 receipt notice in each.
• The K-3 option. If you're a US citizen and have filed Form I-130, USCIS says your spouse is eligible to apply for a K-3 nonimmigrant visa, filed through Form I-129F, Petition for Alien Fiancé(e), to come to the US to live and work while the petition is pending. You aren't required to file it. Your spouse can wait abroad for immigrant visa processing, and USCIS calls the K-3 an additional method to come to the US.
• If you naturalize while waiting. Your spouse becomes eligible for an immediately available visa. If the I-130 is still pending, mail a signed letter, a copy of your naturalization certificate and your I-130 receipt notice to the USCIS office on your receipt, with "I-130 Update" on the envelope. If it's already approved, send a scanned PDF or JPG of your US passport biodata page or naturalization certificate through the National Visa Center (NVC) Public Inquiry Form, with "I-130 Update" in the description.

What evidence goes with Form I-130?

Our team turned USCIS's initial evidence rules into one checklist. Send copies, not originals, unless the form instructions ask for them. Anything in another language needs a full English translation, with the translator's signed certification that it's complete and accurate and that they're competent to translate into English.

• Proof of US citizenship (one of): your unexpired US passport, US civil birth certificate, naturalization or citizenship certificate, Form FS-240 Consular Report of Birth Abroad, or an original statement from a US consular officer that you're a US citizen with a valid passport.
• Proof of permanent residence (one of): the front and back of your Form I-551 green card, or your foreign passport with a stamp showing temporary evidence of permanent residence.
• Proof of a legal marriage: your civil marriage certificate, plus every divorce decree, death certificate or annulment decree showing that earlier marriages for either of you ended.
• Photos and name changes: 2 passport-style photos of you and your spouse (if applicable), and proof of any legal name change, such as marriage certificates, divorce decrees, adoption decrees or court judgments.
• Proof the marriage is real: joint ownership of property, a lease showing you share a home, combined finances, birth certificates of children you have together, and anything else showing an ongoing marriage.
• Third-party affidavits: sworn or affirmed statements from people who know your relationship firsthand. Each one needs the person's full name and address, their date and place of birth, and full details of how they know about your marriage.

What not to send: anything with electronic chips or batteries (like musical greeting cards), CDs, DVDs, thumb drives, toys or action figures, DNA samples, or graphic photos of childbirth or intimate relations.

What income do you need for Form I-864 in 2026?

Most family-based immigrants must submit Form I-864, Affidavit of Support Under Section 213A of the INA, to show they won't rely on the US government. It's a legally binding contract. The I-864 instructions (08/24/26) say a sponsor must be at least 18 and domiciled in the US. A sponsor living abroad can still qualify, for example by showing they intend in good faith to reestablish US domicile no later than the spouse's admission or adjustment. If your spouse receives federal or state means-tested public benefits (food stamps, Medicaid, SSI, TANF or the State Child Health Insurance Program), the agency can ask you to repay them and sue you for the costs plus legal fees.

Use the new edition. From October 1, 2026, USCIS only accepts the 08/24/26 edition of Form I-864 and won't process the 10/17/24 edition postmarked or filed online on or after that date. The new edition includes a privacy release letting USCIS request consumer credit reports, so if you have a credit freeze, lift it promptly when asked.

Under Form I-864P, effective March 1, 2026, most sponsors need income of at least 125% of the poverty guidelines for their household size. Sponsors on active duty in the US armed forces or Coast Guard who are sponsoring a spouse or child need only 100%.

A worked example, by our team (the family is invented). A US citizen in Texas sponsors a spouse and two unmarried stepchildren and has no other dependents. As a citizen, they file three separate I-130s, one for each person. The household is 4 people, so the minimum is $27,050 plus $7,100 for each of the 2 extra people: $41,250 a year, or $33,000 if the sponsor is on active military duty.

Every sponsor attaches their federal income tax return for the most recent tax year, with all W-2s, 1099s and schedules, or a statement and evidence explaining why they didn't have to file. Self-employed sponsors include Schedule C, D, E or F. If that return alone doesn't show you qualify, USCIS allows other routes:

• More work evidence: tax returns for the last 3 years, pay stubs from the last 6 months and a letter from your employer, if you think they help.
• Household income (Form I-864A): a separate Form I-864A for each household member or dependent whose income you count, with their latest tax return (and W-2s or 1099s) and proof they live with you and are related to you. To count the immigrant's own income, show their current job will continue from the same source. They sign Form I-864A only if a spouse or children are immigrating with them.
• Assets: yours or a household member's, with proof of each asset's location, ownership, date acquired, value, and any liens or liabilities. Per the I-864 instructions, assets must be worth at least 3 times the income shortfall if you're a US citizen sponsoring your spouse, and at least 5 times for most other sponsors, including green card holders.
• A joint sponsor: if income and assets fall short, a joint sponsor files their own Form I-864 with proof of US citizenship, US national status or permanent residence (front and back of Form I-551).

What happens after the I-130 is approved?

For a spouse abroad, USCIS sends the approved petition to the State Department's National Visa Center for consular processing. You can track the case in your Consular Electronic Application Center (CEAC) account, and our CEAC status guide explains what each status means. The NVC or the embassy sends instructions, including how to submit Form I-864 and the financial documents, and the embassy later contacts your spouse with an interview appointment. For spouses adjusting status in the US, USCIS lists Form I-693, Report of Immigration Medical Examination and Vaccination Record, among the forms used for medical and vaccination requirements.

Before the embassy appointment, go through our documents required for a US visa interview checklist and our US visa interview tips. If your spouse moves and needs to switch between consular processing and adjustment of status, USCIS's routing rules are:

How do you pay the fees?

Each filing must include the exact fee from Form G-1055, Fee Schedule (edition 10/26/26), or USCIS will reject it. Depending on your path, forms on the fee schedule include Form I-130, Form I-485, Form I-751, Form I-824, Form I-864 and the USCIS Immigrant Fee. If you file Form I-864 with the State Department for consular processing, State Department visa service fees apply instead. USCIS never accepts cash, even in person.

• Filing online: pay through Pay.gov.
• Filing by mail to a lockbox: pay by credit, debit or prepaid card with Form G-1450, or from a US bank account by ACH with Form G-1650. If you're exempt from electronic payment, include a signed Form G-1651.
• Fee waivers: eligible filers can ask to waive USCIS-set fees with a paper Form I-912 filed with a paper application (waivers generally can't be requested online). Fees set by Public Law 119-21 can't be waived and must be paid separately.

A question to practice

"How do you and your spouse manage your finances and living arrangements right now?"

A strong answer covers: specific details of your daily life, how you share money, and real documents like a joint lease that match your I-130 and I-864 packet.

Visaful is an AI mock interview app for US visa interviews: an AI officer asks your visa's questions out loud and shows what to fix.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.