US spouse visa for Indian nationals
What this visa is
The CR-1 and IR-1 immigrant visas allow the husband or wife of a United States citizen to move to the US permanently. The applicant enters as a lawful permanent resident and receives a green card shortly after arrival. It is a settlement route, not a visitor visa.
All Indian immigrant visa applicants interview at the US Consulate General in Mumbai, which is the only post in India that processes immigrant visas.
If the couple has been married for less than two years on the day the applicant enters the US, the visa is a CR-1 with a conditional two year green card. Two years or more and it is an IR-1, with a ten year card.
Who can apply
You can apply if you are legally married to a United States citizen and the marriage is valid where it took place. In India this means the marriage must be registered, and you must hold a marriage certificate issued by the Registrar of Marriages under the Hindu Marriage Act 1955, the Special Marriage Act 1954, or the personal law that applies to you.
A religious or customary ceremony without registration is not sufficient on its own. If your ceremony predates registration, the certificate will normally still be issued and accepted, but the dates need to be explained consistently.
Both spouses must have been free to marry. Any previous marriage must have ended in a decree of divorce or the death of the spouse.
Who can sponsor
The sponsor must be a United States citizen. If your spouse holds a green card rather than citizenship, you fall into the F2A category, which has annual limits and a waiting list. Many Indian couples in this position wait for the sponsor to naturalise, which upgrades the case to the immediate relative category with no queue.
Financial requirement
The sponsor signs Form I-864, the affidavit of support, which is legally enforceable against them.
Household income must be at least 125 percent of the federal poverty guidelines: $27,050 for a household of two in the contiguous states. Where income falls short, assets worth three times the gap can be used, or a joint sponsor can file their own I-864. Active duty military sponsors need only 100 percent.
Income earned abroad generally does not count unless it will continue from the same source after the move, so a sponsor returning from an overseas assignment should expect questions.
Step one: the I-130 petition
Your spouse files Form I-130 with USCIS from the United States, together with the registered marriage certificate, proof of US citizenship, wedding photographs, evidence of visits, communication records and any joint financial ties.
Arranged marriages are entirely legitimate and are recognised, but the evidence looks different from a courtship based case. Include the engagement, family involvement, and the growth of contact between the couple, rather than trying to present it as something it was not.
Step two: the National Visa Center
The National Visa Center collects the DS-260 application, fees, the affidavit of support and civil documents. The case only moves once every document has been accepted.
Documents in a language other than English need a certified translation. Indian documents are frequently returned for name discrepancies, so check that the spelling of your name matches across passport, birth certificate, marriage certificate and police clearance before you submit.
Step three: the interview in Mumbai
Interviews are held at the US Consulate General in Mumbai. Applicants from Delhi, Chennai, Hyderabad, Kolkata and everywhere else in India must travel to Mumbai, so budget for flights and accommodation.
Interviews are conducted in English or in a local language with an interpreter. Bring original documents even where scans were already uploaded.
Medical examination
You must be examined by a panel physician approved by the consulate before your interview. Approved clinics operate in Mumbai, Delhi, Chennai and Hyderabad, and you may complete the examination at any of them.
The examination includes a physical check, chest x ray, blood tests and required vaccinations. Bring your immunisation records. Results are sent directly to the consulate.
Police certificates and civil documents
You need a Police Clearance Certificate issued by the Regional Passport Office, not by a local police station. Apply through Passport Seva. If you have lived in another country for twelve months or more since turning 16, you need a police certificate from that country as well.
Birth certificates should be issued by the municipal authority where the birth was registered. If no birth was registered, obtain a non availability of birth certificate from the issuing authority, and support it with a school leaving certificate and a sworn affidavit from a parent or close relative.
Documents needed
- Valid Indian passport
- Registered marriage certificate from the Registrar of Marriages
- Birth certificate from the municipal authority, or non availability certificate with secondary evidence
- Divorce decree or death certificate for any previous marriage
- Police Clearance Certificate from the Regional Passport Office
- Court and prison records if ever arrested or convicted
- Sponsor’s proof of US citizenship
- Sponsor’s federal tax return, W-2 forms and recent pay stubs
- Completed Form I-864 with supporting evidence
- Medical examination results from an approved panel physician
- Two US visa format photographs
- Wedding photographs, invitation cards, and evidence of the relationship over time
- Certified English translations where required
Costs
- Form I-130: $625 online, $675 on paper
- Immigrant visa application fee (DS-260): $325
- Affidavit of support review fee: $120
- Medical examination in India: typically $150 to $300
- Police Clearance Certificate and civil documents: modest local fees
- USCIS Immigrant Fee after the visa is issued: $235
Verify current amounts on the USCIS and Department of State websites before paying.
Processing times
The I-130 stage at USCIS commonly runs from several months to well over a year. The National Visa Center stage can be completed in a few weeks if your documents are clean. Interview appointments in Mumbai depend on availability at that post.
Plan for a total of twelve to twenty four months from filing to arrival.
After approval: what comes next
Your passport is returned with the visa and a sealed packet that must not be opened. Travel before the visa expires, normally within six months of the medical examination.
Pay the $235 USCIS Immigrant Fee online before you fly, otherwise the green card will not be produced. You can work immediately on arrival and can apply for a Social Security number.
If you hold a CR-1, you and your spouse jointly file Form I-751 to remove the conditions in the ninety days before the two year card expires.
FAQs
Our marriage was an arranged marriage. Will that count against us?
No. Arranged marriages are recognised. The consular officer is testing whether the marriage is genuine, not how it came about. Present the evidence honestly, including family involvement and the engagement.
We had a religious ceremony but never registered the marriage. What do we do?
Register it. USCIS and the consulate require a civil marriage certificate. Register the marriage under the applicable act and use that certificate for the petition.
My spouse is a green card holder, not a citizen. How long will we wait?
You would apply in the F2A category, which is subject to annual limits and a visa bulletin queue. If your spouse naturalises while the case is pending, the case upgrades to the immediate relative category and the queue disappears.
Why do I have to travel to Mumbai when I live in Delhi?
Mumbai is the only US post in India that processes immigrant visas. The medical examination can be done in Delhi, but the interview cannot.
My name is spelled differently on my passport and my birth certificate. Is that a problem?
It is a common cause of delay. Provide an affidavit explaining the variation, and where possible correct the record before the interview. Bring all documents showing both versions.
Can my children come with me?
Not automatically. Your spouse files a separate I-130 for each child, and each child pays their own fees. A stepchild relationship must have been created before the child turned 18.