Can my foreign spouse move to the US?
Sarah Duran
Published Apr 07, 2026
If you want to bring your foreign spouse to the US, but you are currently living outside the US, you must submit a visa petition (form I-130) to either your local US Citizenship and Immigration Services (USCIS) office or directly to the US Embassy where your foreign spouse resides.
Does immigration status change after marriage?
If you are a foreign-born person who has married a U.S. citizen, and you are currently staying or living in the U.S., your marriage may qualify you for a green card (U.S. lawful permanent residence), and to apply for it through a process known as adjustment of status (AOS).
If you are a U.S. citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are: Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) – An immigrant Petition for Alien Relative, Form I-130 is required.
How to bring a foreign spouse to the United States?
If you are a U.S. citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are: Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) – An immigrant Petition for Alien Relative, Form I-130 is required. Learn more.
Can a spouse of an expat still live in the US?
Additionally, while the U.S. expat is still alive, their foreign spouse may also qualify to receive dependent or spousal Social Security benefits (generally half of the U.S. expat’s benefit).
Can a foreign spouse file as a nonresident?
If your spouse has a self-employment income you may choose to treat him as a nonresident and file separately. Then, his income is not a subject to U.S. income tax and self-employment tax.
Is the income of a foreign spouse subject to US tax?
Not only is the earned income of each spouse subject to US.taxation, but any investment income, even if earned in a foreign country with the foreign spouse as the sole recipient, is subject to US tax and US reporting requirements for foreign accounts.