Financial Requirements and Considerations for Spousal Visas

 Posted on January 28, 2026 in English

When someone applies for a spouse or marriage visa, there are many requirements that must be met. Some of these include very important financial requirements. 

Immigration law can change quickly, especially under the Trump Administration in 2026. If you hope to apply for a spouse visa for yourself or your partner, talk to a Fairfax County immigration attorney now. Hablamos español. 

What Is a CR-1 Spousal Visa?

A CR-1 spousal visa is a green card that allows a person from another country to live in the United States with his or her spouse, who is a U.S. citizen or permanent resident. The letters CR stand for conditional resident. This visa is for couples who have been married for less than two years at the time the foreign spouse enters the United States.

Two years after arriving in the U.S., the person with the CR-1 visa and his or her spouse must apply to remove the conditions from the green card. This is done by filing Form I-751, Petition to Remove Conditions on Residence. Once USCIS approves the petition, the conditional status is removed. The person now has a 10-year permanent resident card.

What Is an IR-1 Spousal Visa?

An IR-1 visa is an immediate relative visa for those who have been married for two or more years. The letters IR stand for immediate relative. Because the marriage has already lasted more than two years, there are no conditions to be removed. The holder of an IR-1 visa receives a 10-year permanent resident card immediately. They do not need to file a petition to remove conditions. They simply renew their green card every 10 years like any other permanent resident.

How Long Does the Spousal Visa Process Take?

In 2026, the average processing time for a CR-1 spousal visa is about 15 months. The processing time for an IR-1 spousal visa is the same. These times can vary depending on the country where the foreign spouse lives, the workload at the U.S. embassy or consulate, and whether any issues arise during the application process.

Having an experienced Herndon, VA immigration attorney to guide you through the process often results in a much better outcome. An attorney can help you avoid common mistakes that delay processing and can respond quickly if USCIS requests additional evidence or documentation.

What Are the Financial Requirements for a Spousal Visa?

The U.S. spouse must file a petition, called Form I-130, on behalf of the non-U.S. spouse. The U.S. spouse will also be required to prove to USCIS that the marriage is real and honest. 

In addition to the I-130 petition, the U.S. spouse must also submit Form I-864, Affidavit of Support, with supporting documentation. The federal government requires proof that the U.S. citizen spouse can financially support the spouse who is applying for a spousal visa without government assistance. This requirement exists to ensure that immigrants do not become a public charge and rely on welfare or other government benefits.

Income Requirements Based on Household Size

The household income of the U.S. spouse must be at least 125 percent of the current poverty level. The poverty level is set by the U.S. Department of Health and Human Services and is updated every year. The income requirement is based on the sponsoring spouse's household size.

The household includes the sponsoring spouse, his or her dependents, and the foreign spouse. You can find the 2026 federal poverty guidelines here.

Those numbers are higher in Hawaii and Alaska because the cost of living is much higher in those states. Sponsor spouses who are on active duty in the U.S. armed forces have a lower threshold of 100 percent of the current poverty level rather than 125 percent.

Using Assets to Meet the Income Requirement

If the petitioning spouse can’t meet these income requirements through income alone, the difference can be made up using assets. These can include a savings account, real estate, or stocks and bonds.

The USCIS requires that these assets must be able to be converted into cash within a year. The cash value of assets must be three times the difference between the petitioning spouse's actual income and the required income. 

What Happens After You Sign the Affidavit of Support?

When the petitioning spouse signs the affidavit of support, they acknowledge a legal responsibility to give financial support to the immigrant spouse. This continues until the spouse becomes a citizen of the United States or has worked for at least 40 quarters, which is about 10 years.

This is a legally binding contract. If the sponsored immigrant receives certain government benefits during this time, the government can sue the sponsor to recover the cost of those benefits. This includes benefits like Supplemental Security Income, Temporary Assistance for Needy Families, and Medicaid for long-term care. The sponsor's obligation does not end if a couple gets divorced.

What Documentation Is Required for the Affidavit of Support?

When you submit Form I-864, you include supporting documents that prove your income and assets. USCIS requires recent tax returns. You must also provide proof of your current job and how much money you make.

If you are self-employed, you will need to provide more documents, such as business tax returns or other records that show your income. If you are using assets to meet the financial requirement, you must prove the value of those assets.

Pay stubs from the most recent six months are also typically required. USCIS wants to see that your income is stable and ongoing – not just a one-time payment or temporary job. 

Can Someone Else Help You Meet the Financial Requirements for Sponsoring Your Spouse’s Visa?

If you can't meet the income requirements on your own, another person can serve as a joint sponsor. A joint sponsor must be a U.S. citizen or permanent resident who is at least 18 years old and willing to take on the same legal obligations as you.

The joint sponsor must also meet the 125 percent poverty guideline requirement based on their own household size, plus the number of immigrants they are sponsoring. The joint sponsor files their own Form I-864 and provides their own financial documentation. This option is common when people are unemployed, work part-time, or have a low income.

Contact a Fairfax County, VA Immigration Attorney

If you and your spouse are hoping for a spousal visa, it is important to involve a Herndon, VA immigration attorney in the process. Immigration Legal Advisors, PLLC is a supportive, full-service law firm with more than twenty years of immigration experience. Call 571-441-2233 to schedule an initial consultation. We speak English and Spanish.