Can my spouse act as my agent?

In principle, there is no express rule that prevents your spouse from acting as an agent on your O-1 petition. That said, this choice can raise questions from immigration authorities and deserves careful consideration.

The agent is the person who submits the petition or manages the beneficiary’s contracts and professional engagements, a role that presupposes independence and professionalism. When a close family member takes on this function, additional documentation and closer scrutiny are commonly required to demonstrate that the arrangement meets the legal criteria and does not constitute a conflict of interest.

To reduce risks, the evidence must establish the legitimacy and genuine necessity of this arrangement, leaving no doubt about the authenticity of the documents or the nature of the relationship. U.S. immigration places a high value on transparency and strict compliance with the rules.

Because each case is assessed individually, it is worth reviewing the latest guidance from USCIS or consulting a specialist before structuring the petition in this way.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.