US spouse visa for Nigerian nationals

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Current status: immigrant visas are suspended

Nigeria is on the partial suspension list of the presidential proclamation that took effect on 1 January 2026. The partial list is narrower than the full one, but it still covers all immigrant visas, along with B-1 and B-2 visitor visas and the F, M and J student and exchange categories.

The CR-1 and IR-1 spouse visas are immigrant visas, and the categorical exception that previously protected immediate family immigrant visas was removed on the same date. A Nigerian spouse of a United States citizen therefore cannot currently be issued one.

This page sets out what the suspension does, what is still worth doing, and what the route involves for when it changes.

What the suspension does and does not do

The proclamation restricts the issuing of visas and entry to the United States. It does not invalidate your marriage and it does not cancel an approved petition.

Your spouse can still file the I-130. You can still complete the DS-260 and submit documents to the National Visa Center. An interview may still be scheduled. What changes is the outcome: the application is paused rather than approved, and it stays paused until the suspension is lifted or a case by case exception is granted.

Who is not affected

The suspension applies to people who were outside the United States without a valid visa on the effective date. Outside it are:

Anyone already holding a valid US visa issued before that date, which was not revoked.

Lawful permanent residents of the United States.

Dual nationals travelling on a passport from a country that is not on either suspension list. Nigerians who also hold British, Irish or another second nationality should look at this closely, because it is the most commonly overlooked way out of the suspension.

People already admitted to the United States as refugees or granted asylum.

Anyone granted a case by case national interest exception, which is discretionary and requested through the post handling the case.

Should you still file

For most couples, yes, with clear expectations.

The petition stage takes many months regardless, and Nigerian cases already attract more requests for evidence than most, so time spent getting documents right is not wasted. A case that is approved and documentarily qualified is in a far stronger position on the day restrictions change than one that has not been started.

What filing will not do is produce a visa while the suspension is in force. Do not resign from a job, sell property or make any other irreversible commitment on the assumption that it will.

Who can apply, when the route is open

You can apply if you are legally married to a United States citizen and the marriage is valid where it took place. Nigeria recognises three forms of marriage, and each is documented differently.

A statutory marriage is celebrated at the Federal Marriage Registry or a local government marriage registry and produces a marriage certificate. This is the most straightforward form of evidence.

A customary marriage is evidenced by a certificate of customary marriage issued by the local government where the ceremony took place, supported by evidence of the traditional ceremony itself.

An Islamic marriage is evidenced by the certificate issued by the mosque or Sharia court, together with local government registration where available.

Whichever applies, the marriage must be monogamous for immigration purposes. A polygamous marriage cannot support a spouse petition.

The sponsor must be a United States citizen. Spouses of green card holders fall into the F2A category instead, which has annual limits and a waiting list.

Financial requirement

The sponsor signs Form I-864, the affidavit of support, which is enforceable against them in court.

Household income must be at least 125 percent of the federal poverty guidelines: $27,050 for a household of two in the contiguous states. Shortfalls can be covered with assets worth three times the gap, or with a joint sponsor. Active duty military sponsors need only 100 percent.

Document scrutiny

Nigerian cases receive close documentary scrutiny, and consular officers are trained to spot altered or improperly issued civil records. This is not a comment on honest applicants, but it does change how you should prepare, and the pause in processing is a good opportunity to get it right.

Obtain documents from the correct issuing authority rather than through an agent. Do not rely on sworn affidavits where an official record exists, because an affidavit sworn at a court registry carries little weight on its own. Where a record genuinely cannot be issued, obtain the official confirmation of that and support it with the oldest contemporaneous evidence available, such as school records, baptismal or naming ceremony records, or hospital records.

Differences in the spelling of names and in dates of birth across passport, birth record and marriage certificate are the most common cause of delay. Resolve them now rather than explaining them at the counter later.

Documents to prepare now

Interviews for Nigerian applicants are held at the US Consulate General in Lagos, and applicants from Abuja, Kano, Port Harcourt and elsewhere travel there.

  • Valid Nigerian passport
  • Marriage certificate from the Federal Marriage Registry or local government registry, or the applicable customary or Islamic marriage documentation
  • Birth certificate from the National Population Commission
  • Divorce decree or death certificate for any previous marriage
  • Police certificate from the Nigeria Police Force, Criminal Investigation Department, Lagos, not a local station
  • 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 in Lagos or Abuja, when the case is moving
  • Two US visa format photographs
  • Comprehensive relationship evidence covering the whole relationship

The police certificate and the medical examination both have limited validity, so leave those until a case is actually progressing. Everything else is worth assembling now.

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 Lagos or Abuja: typically $250 to $400
  • Police certificate and civil documents: local fees
  • USCIS Immigrant Fee after the visa is issued: $235

Verify current amounts on the USCIS and Department of State websites before paying.

FAQs

My husband already has a valid immigrant visa. Is it cancelled?

No. Visas issued before the effective date were not revoked. He should travel before it expires.

I am Nigerian but I also hold a British passport. Does the suspension apply to me?

If you travel on a passport from a country that is not on either list, you fall outside the suspension. Take advice on how to present it, but it is a genuine exception.

Can we still marry and file the I-130?

Yes. The proclamation restricts visa issuance, not marriage and not the filing of a petition.

We had a traditional ceremony only. Is that a valid marriage?

It can be, if the customary marriage is registered with the local government and evidenced properly. A ceremony with no registration and no certificate is very difficult to prove.

Can I use a sworn affidavit of age instead of a birth certificate?

Only in limited circumstances. Obtain the National Population Commission record where one exists, and where it genuinely does not, provide official confirmation with the oldest supporting records available.

How long will the suspension last?

There is no fixed end date. The lists have been revised more than once and may be again. Watch the State Department visa news page rather than relying on second hand accounts.

Official sources