CR1 and IR1 Spouse Visas: A Complete Guide

If you’re married to a U.S. citizen or green card holder and want to live in the U.S., you may be eligible for a CR1 or IR1 spousal visa. These visas allow foreign spouses to move to the United States and start a new life with their American partner. This article will walk you through the CR1 and IR1 visa process, including timelines, costs, requirements, and how to apply.

What Are Spousal Visas?

Spousal visas, like the CR1 and IR1, allow a foreign spouse to live with their U.S. citizen or green card-holding partner in the U.S. The key difference between the two types of visas depends on how long the couple has been married:

CR1 Visa (Conditional Resident Visa): Issued to couples married for less than two years. The green card issued is “conditional” and valid for two years.
IR1 Visa (Immediate Relative Visa): Issued to couples married for two years or more. The green card issued is permanent and valid for 10 years.

The current wait time for a spousal visa is approximately 9.3 months. However, if the foreign spouse is married to a green card holder (instead of a U.S. citizen), the wait time can be longer.

Understanding the CR1 Visa

The CR1 Visa is for couples who have been married for less than two years. When the foreign spouse arrives in the U.S., their green card is “conditional,” meaning it lasts for two years. After two years, the couple must apply to remove the conditions, which will grant the foreign spouse a permanent 10-year green card.

Key Point: If the couple divorces before the two-year period ends, the foreign spouse loses their green card status.

What Is the IR1 Visa?

The IR1 Visa is for couples married for two years or more. With the IR1 visa, the foreign spouse enters the U.S. with a 10-year green card. There are no conditions to remove, and the spouse doesn’t need to worry about applying for an extension or renewal until after 10 years.

CR1 vs. IR1 Visa: Which One Is Better?

While both the CR1 and IR1 visas offer the same benefits, the difference lies in how long the couple has been married at the time of application:

CR1 Visa: Issued when the marriage is under two years old. The foreign spouse gets a “conditional” green card valid for two years.
IR1 Visa: Issued when the couple has been married for two years or longer. The foreign spouse receives a permanent 10-year green card.

How Long Does It Take to Process a CR1/IR1 Visa?

The processing time for both CR1 and IR1 visas is around 9.3 months on average. However, the exact timeline can vary depending on whether the petitioner is a U.S. citizen or a green card holder.

I-130 Processing Time: The first step in the process is to file Form I-130 (Petition for Alien Relative), which can take about 12 months to process. Once approved, the foreign spouse’s case moves to the U.S. Department of State for further processing.
Note: If you’re married to a green card holder instead of a U.S. citizen, you might face longer wait times due to visa availability limits. You can check the Visa Bulletin to get an estimate of wait times.

What Are the Requirements for CR1/IR1 Visas?

To apply for a CR1 or IR1 visa, the following requirements must be met:

Eligibility: The sponsor must be a U.S. citizen or a legal permanent resident (green card holder).
Marriage: The couple must be legally married. A valid marriage certificate is required.
Proof of a Genuine Marriage: You must provide evidence that your marriage is real, such as photos, travel itineraries, and joint financial documents.
Affidavit of Support: The U.S. citizen sponsor must file an affidavit of support, proving they can financially support their spouse at 125% of the federal poverty level.
U.S. Domicile: The sponsor must either live in the U.S. or prove that they plan to return to the U.S. with their spouse.

CR1/IR1 Visa Costs

The cost of obtaining a CR1 or IR1 visa includes several fees, including:

Form I-130 Filing Fee: $675
Immigrant Visa Application (DS-260): $325
Medical Exam Fees: Varies by country but generally ranges from $200 to $500.
Additional Costs: You’ll need to pay for related paperwork, such as translations, birth certificates, passports, and any travel expenses.

For CR1 Visa holders, when the time comes to remove the conditions on their green card, a $750 filing fee applies for Form I-751.

CR1/IR1 Application Process

The application process for both CR1 and IR1 visas involves consular processing, meaning the application must be filed with the U.S. Embassy or Consulate in the foreign spouse’s country. Here’s a step-by-step breakdown of the process:

Eligibility Check: Confirm that you meet all eligibility requirements, including proving the authenticity of your marriage.
I-130 Petition: The U.S. citizen sponsor must file Form I-130 (Petition for Alien Relative) to begin the process.
Wait for Approval: Once I-130 is approved, wait for a visa to become available.
Processing at the National Visa Center (NVC): After approval, the case will be processed by the NVC, where additional paperwork and fees will be handled.
Visa Interview: The foreign spouse will attend a visa interview at the U.S. Embassy or Consulate, where they must provide necessary documentation and undergo a medical examination.
Visa Approval: If the visa is approved, the foreign spouse will receive a visa in their passport and a sealed envelope containing their documents. They must not open the sealed envelope.
Entry into the U.S.: The foreign spouse can enter the U.S. with their visa, and the U.S. Customs and Border Protection officer will validate the visa.

What Happens After You Arrive in the U.S.?

Once you enter the U.S. on a CR1 or IR1 visa, the foreign spouse can live and work in the country.

CR1 Visa Holders: After entering, the foreign spouse can begin working immediately. However, they must apply to remove the conditions on their green card within 90 days of their two-year anniversary in the U.S.
IR1 Visa Holders: IR1 visa holders do not need to remove conditions, but they must renew their green card after 10 years.

Can You Work on a CR1 Visa?

Yes, once you enter the U.S. with a CR1 visa, you are eligible to work immediately. Your stamped passport serves as a temporary green card until you receive your official green card in the mail, which typically arrives within 2-3 months.

What Happens if Your CR1 Visa Has Conditions?

If you have a CR1 visa, you must apply to remove the conditions on your green card before your two-year anniversary in the U.S. Failure to do so could result in the loss of your green card status.

To remove conditions, both spouses must submit Form I-751 (Petition to Remove Conditions). You’ll also need to provide proof that your marriage is ongoing, such as joint bank accounts, children’s birth certificates, or photos from the past two years.

Common Mistakes to Avoid:

Incorrect or Missing Documents: Ensure all required documents, like marriage certificates and financial evidence, are included and properly translated if needed.
Submitting Incomplete Forms: All sections of the visa forms should be filled out accurately to prevent delays or rejections.
Inconsistent Information: Ensure consistency across all forms and supporting documents, especially names and dates.
Insufficient Financial Evidence: Make sure to provide the necessary financial documentation (e.g., tax returns, pay stubs) when submitting Form I-864 (Affidavit of Support).
Not Keeping Copies of Documents: Always keep copies of everything submitted to USCIS for reference in case of issues.
Failing to Attend Appointments: Missing interviews or biometrics appointments without prior notice can delay or deny your application.
Not Monitoring Status: Regularly check the status of your application to stay updated on any further actions.
Ignoring Conditional Residency Requirements (CR-1): Don’t forget to file Form I-751 to remove conditions before your green card expires.
Not Updating USCIS on Address Changes: Notify USCIS of any address changes within 10 days to avoid missing important notices.

Spousal Visa FAQs:

CR1 Visa Meaning: A CR-1 is a Conditional Resident visa that grants temporary permanent residence to the spouse of a U.S. citizen or lawful permanent resident.
Processing Time: Wait times vary, with U.S. citizen spouses taking 11.4–15 months and green card holder spouses taking 29–40 months.
Benefits of CR-1: Permanent residency, work authorization, and travel in and out of the U.S. without additional permits.
Work Authorization: CR-1 holders can work in the U.S. immediately upon arrival.
Traveling on CR-1: You can travel but cannot exceed one year outside the U.S.
Minimum Income Requirement: The sponsor must meet 125% of the Federal Poverty Guidelines, which is approximately $25,550 for a couple with no children in the contiguous U.S.
Sponsor Domicile Requirement: The sponsor must prove a domicile in the U.S. or show intention to move back once the spouse arrives.

Other Key Points:

Divorce on CR-1: If you divorce during your CR-1 status, you may apply to remove conditions, but you’ll need to prove the marriage was in good faith.
Abuse: If you were a victim of abuse during your marriage, you can still apply to remove the conditions without your spouse’s help, with supporting evidence.
Social Security Card: You can request a Social Security card when applying for the visa, which will be sent after arrival.