How to Sponsor Spouse for US Visa After Marriage in India

This article was last updated and fact checked on October 10, 2024 by Mani Karthik.

So, you just got married in India, and now you’re thinking about bringing your spouse to the United States—congratulations! Whether you’re a US citizen or a green card holder, sponsoring your spouse for a US visa can feel like a big task, but don’t worry, it’s totally doable.

Let’s break down the process step by step to make sure you and your spouse can navigate the visa process smoothly. From gathering documents to filing petitions, we’ve got you covered.

Which Visa Should You Apply For?

When sponsoring a spouse from India, you have two main options depending on your status:

1. Marriage-Based Green Card (CR1/IR1 Visa)

• If you’re a US citizen or permanent resident (green card holder), you can apply for a CR1/IR1 visa. This visa allows your spouse to enter the US as a permanent resident. The process typically takes longer but gives your spouse a green card upon arrival.

2. K-3 Spousal Visa

• The K-3 visa is for spouses of US citizens. It’s a non-immigrant visa that lets your spouse come to the US and apply for a green card later. However, this visa is rarely used today because the CR1/IR1 visa is usually a faster route.

Tip: If you’re a US citizen, the CR1 visa is the better route since your spouse will get a green card right away.

Step-by-Step Guide to Sponsoring a Spouse for a US Visa

Let’s walk through the entire process from start to finish, so you know exactly what to expect.

1. File Form I-130: Petition for Alien Relative

The first step in sponsoring your spouse is filing Form I-130 with USCIS. This is basically the document where you prove your marriage is legitimate and that you’re legally allowed to sponsor your spouse.

• You’ll need to submit proof of your US citizenship (like a passport copy or naturalization certificate) or green card.
• Attach your marriage certificate and photos of your wedding, trips together, and any other proof that shows your relationship is genuine.
• Once filed, USCIS will provide you with a receipt number to track the status of your application.

Pro Tip: Make sure the marriage certificate is properly translated into English if it’s in a regional Indian language. This is a common mistake that causes delays.

2. Wait for I-130 Approval

Once you submit the I-130, the waiting game begins. It can take a few months to a year for USCIS to approve your petition, depending on how backed up they are. Don’t worry; if everything checks out, you’ll receive an I-130 approval notice.

• After the approval, your case will be sent to the National Visa Center (NVC), which will handle the next steps for your spouse’s visa.

Tip: Keep an eye on your email! The NVC will contact you with instructions for the next steps, including submitting additional documents and fees.

3. Submit Documents to the NVC

Once your case reaches the NVC, it’s time to submit additional documents and pay the required fees.

You’ll need to provide:

• Affidavit of Support (Form I-864): This shows that you have enough income to financially support your spouse in the US. You’ll need to submit tax returns, pay stubs, or bank statements as proof.
• Your spouse’s birth certificate and police clearance certificate (more on this later).
• Medical examination results and vaccination records.

Once these documents are submitted, the NVC will process them and then forward your case to the US Embassy in India for the visa interview.

Tip: Double-check everything! Missing documents can delay the process by weeks or even months.

4. Attend the Visa Interview

After the NVC approves your documents, they’ll schedule a visa interview for your spouse at the nearest US Embassy or Consulate in India (usually in Mumbai, Delhi, Chennai, Hyderabad, or Kolkata).

Here’s what to expect:

• Your spouse will attend the interview and should bring all the required documents, including the I-130 approval notice, passport, marriage certificate, and proof of relationship (like photos or joint bank accounts).
• The consular officer will ask questions about your relationship, how you met, and your plans in the US.
• If everything goes well, your spouse will receive their visa approval, and their passport will be stamped with the visa within a few days.

Tip: Practicing common interview questions can help your spouse feel more prepared. Keep it natural and honest—officers are just trying to confirm the legitimacy of your marriage.

5. Arrival in the US and Green Card

Once the visa is approved, your spouse can travel to the US. Upon entry, they’ll be processed at Customs and Border Protection (CBP) and given a stamp that allows them to live and work in the US as a permanent resident.

If you applied for the CR1/IR1 visa, your spouse’s green card will arrive in the mail shortly after they arrive in the US.

What Happens if You’re a Green Card Holder?

If you’re a US green card holder (permanent resident), the process is pretty much the same, but it takes longer. Green card holders have to wait for visa availability under family preference categories, which can lead to longer processing times (sometimes 1-2 years).

Tip: If you become a US citizen while your spouse’s application is pending, you can upgrade their case to expedite processing!

What About the Affidavit of Support?

The Affidavit of Support is a crucial part of the process. Essentially, you’re promising that your spouse won’t become a financial burden on the US government, and you’re agreeing to provide support if needed.

If your income doesn’t meet the required threshold, you might need a co-sponsor (a family member or friend) to help.

Final Thoughts: The Path to Sponsoring Your Spouse

Sponsoring a spouse for a US visa after getting married in India may seem like a lengthy process, but it’s all about being organized and patient.

Remember to stay on top of the paperwork, keep the lines of communication open with the NVC, and prepare thoroughly for the interview. With everything in place, your spouse will be able to join you in the US and begin the next chapter of your lives together.

For more information on the process, visit the USCIS official website and the NVC processing page to stay updated.