A US family immigrant visa from India has two files: the petitioner's in the United States and the applicant's in India. A US citizen petitions for a spouse (IR-1, or CR-1 if the marriage is under two years old) or a parent (IR-5); a green card holder petitions for a spouse or unmarried child under 21 (F2A). The petitioner files Form I-130 for USD 675 (USD 625 online), the National Visa Center collects USD 325 per applicant and a USD 120 affidavit of support fee, and the applicant interviews at the US Consulate General in Mumbai, the only immigrant visa post in India. Spouse cases take about 18 to 28 months end to end.
The compact version with the price card and checklist is on the US family immigrant visa route page. This article explains each route, the affidavit of support and where cases fail.
Who can petition for a US spouse visa, and for whom?
| Route | Petitioner | Beneficiary | Visa Bulletin wait |
|---|---|---|---|
| IR-1 / CR-1 | US citizen | Spouse | None (immediate relative) |
| IR-5 | US citizen aged 21 or over | Parent | None |
| F2A | Lawful permanent resident | Spouse or unmarried child under 21 | Yes; India final action date 22 October 2026 in the November 2026 bulletin |
| K-1 (nonimmigrant) | US citizen | Fiancé(e), marrying within 90 days of arrival | None; adjustment of status after the wedding |
The marriage must be legally valid where it took place, which in India means a registered certificate under the Hindu Marriage Act, Special Marriage Act or the applicable personal law; a religious ceremony alone is not enough and any earlier marriage must have ended by decree. A marriage under two years old when the applicant enters gives a conditional two-year card (CR-1) that is converted on Form I-751 before it expires.
How is the affidavit of support tested?
Every petitioner signs Form I-864, a binding contract with the government, showing household income of at least 125 percent of the federal poverty guidelines for the household size (100 percent for active-duty military). The latest federal tax return or IRS transcript, W-2s or 1099s, recent pay stubs and an employer letter are the evidence. The applicant's income counts only if it continues from the same source in the US. Assets can cover a shortfall at five times the gap, or three times for spouses of citizens. If the petitioner cannot meet the figure, a joint sponsor in the US signs a second I-864 and is equally liable.
How much does it cost?
| Item | USD | Notes |
|---|---|---|
| Form I-130 petition for alien relative | 675 (625 online) | Per beneficiary; one petition per parent |
| Immigrant visa application processing fee (DS-260) | 325 | Per applicant, paid at the NVC |
| Affidavit of support review fee | 120 | Per case, paid at the NVC |
| USCIS immigrant fee | 235 | Per person after issuance; produces the green card |
| Medical examination in India | About 250 to 400 | Panel physicians; vaccinations extra |
| K-1 route: Form I-129F and K visa | 675 and 265 | Then Form I-485 adjustment of status USD 1,440 |
| Form I-751 removal of conditions (CR-1) | 750 | In the 90 days before the second anniversary |
Vistolane shows the USD 325 visa fee at the official rate on the United States destination page; the I-130 and USCIS immigrant fees are paid by the petitioner in the US and listed in the quote.
How does the application run?
- The petitioner files Form I-130 (and I-130A for a spouse) with proof of status, the marriage or birth certificate, relationship evidence and the fee. USCIS issues a receipt and, 12 to 24 months later for immediate relatives, an approval.
- The case moves to the National Visa Center. The applicant completes the DS-260, the petitioner pays USD 325 and USD 120 and uploads Form I-864 with tax documents, and the applicant uploads civil documents: passport, birth certificate, marriage certificate and police clearance certificates for India and any country lived in for a year or more since age 16.
- The NVC reviews, asks for corrections and marks the case documentarily qualified, then queues it for Mumbai.
- The applicant completes the medical with a panel physician and attends the interview; approval is usual at the window and the passport returns in about a week.
- The applicant pays the USD 235 USCIS immigrant fee, enters the US within the visa validity (usually six months) and receives the green card by post.
How long does it take from India?
| Stage | Typical time |
|---|---|
| I-130 at USCIS | About 12 to 24 months |
| NVC fees, DS-260 and documents | 2 to 4 months; the Indian PCC is the usual long pole |
| Mumbai interview scheduling | 2 to 6 months |
| Interview to visa | About a week |
| Visa to US entry | Within 6 months |
The applicant may visit on a B-2 visa while the petition is pending, declaring the pending case; admission is discretionary and the trip must be a genuine visit. Entering as a visitor with the intention of staying is treated as misrepresentation.
After arrival
The visa holder becomes a lawful permanent resident on entry and can work immediately. IR-1 and IR-5 holders receive ten-year cards; CR-1 holders receive two-year cards and file Form I-751 jointly in the 90 days before expiry with evidence that the marriage continues. Spouses of US citizens can naturalise after three years of residence while married and living together, others after five, with the USD 760 N-400 fee; India does not permit dual citizenship, so naturalising means surrendering the Indian passport and applying for an OCI card.
Why are US family visas refused, and what fixes each reason?
Relationship not established as genuine. Thin evidence, inconsistent answers or long separations with no contact evidence. Build a chronological bundle, prepare both spouses on the same facts, and explain arranged-marriage customs and time apart.
Affidavit of support insufficient. Income below 125 percent of the guidelines or missing tax documents. Add a joint sponsor, document assets and upload complete IRS transcripts.
221(g) for documents. A missing PCC, an unverified civil document or an incomplete medical. Submit exactly what is requested.
Prior unlawful presence or misrepresentation. Take advice on the I-601 waiver, which requires extreme hardship to the US citizen or resident relative.
Petition problems. An earlier marriage not legally ended, or a petitioner who became a citizen without updating the category. Obtain the decree and refile, or request reclassification to immediate relative.
How Vistolane handles it
Family routes on Vistolane go to a licence-checked US immigration attorney who prepares the I-130, the I-864 and the NVC filing and briefs the applicant for the Mumbai interview; the USD 325 visa fee is shown at the official rate. Start with the free eligibility check or the US family immigrant visa route page. Couples weighing other countries can compare the UK spouse visa guide and the Australia partner visa guide.
