Last Updated on December 6, 2024 by Linda Lee
In immigration law, the CR1 and IR1 visas stand as pivotal pathways for individuals seeking to unite with their spouses in the United States. CR1, known formally as the Conditional Resident Spouse Visa, and IR1, or Immediate Relative Spouse Visa, are vital tools for facilitating the immigration process for married couples. Understanding the intricacies of these visa categories is essential for applicants aiming to navigate the complex landscape of U.S. immigration law effectively. In this comprehensive guide, we delve into the fundamental aspects of CR1 and IR1 visas, exploring eligibility criteria, application procedures, and the significance of legal guidance throughout the process.
Spouse Visa Summary- The CR1 visa processing time is an approximate average of 12 months as of December 2024.
- The IR1 visa processing time is an approximate average of 17 months as of December 2024.
- The spouse visa application costs $1,220.
- The main form needed to apply for a CR1 and IR1 visa is the I-130. We detail other forms below.
In this guide:
CR1 Visa
IR1 Visa
IR1 vs CR1 Visa
CR1 and IR1 Spouse Visa Costs
IR1 and CR1 Application Process
CR1 and IR1 Visa Timeline
Hire a lawyer for CR1 and IR1 Visa Applications
Spouse Visa FAQ
Success Stories
CR1 Visa
The CR1 visa is granted to spouses of U.S. citizens who have been married for less than two years at the time of application. It confers conditional permanent resident status upon entry into the United States. Conditional permanent residency means that the immigrant spouse’s status is subject to review and adjustment after a two-year period.
IR1 Visa
The IR1 visa is intended for spouses of U.S. citizens who have been married for two years or more at the time of application. Unlike the CR-1 visa, the IR-1 visa grants immediate permanent resident status upon entry into the United States. Immediate permanent residency provides the immigrant spouse with unrestricted rights and privileges as a lawful permanent resident.
IR1 vs CR1 Visas: Key Differences
The IR1 and CR1 visas have different requirements. The CR1 visa is for spouses who have been married for less than two years, while the IR1 visa is for spouses who have been married for longer than two years.
The CR1 visa also has conditions that state the couple must remain married for two years while the IR1 visa doesn’t have the requirement. In order to remove the conditions on the CR1 visa, the spouse will need to file the I-751, removal of green card conditions application.
Usually, the processing time for the CR1 visa is longer than that for the IR1 visa, since the IR1 visa grants immediate permanent resident status.
Lastly, the CR1 visa is valid for two years, while the IR2 visa has a 10-year validity. You may have heard both be referred to as marriage green cards.
Not yet married and unsure of which visa is right for you? Take a look at our guide on the K-1 Fiancé visa vs the CR1 spouse visa for more information.
Spouse Visa Requirements
To apply for a spouse visa to the United States, you must meet specific requirements established by the U.S. Citizenship and Immigration Services (USCIS). Here’s an overview of what you need to know:
1. Relationship Validity
- Proof of Marriage: You must provide a valid marriage certificate to demonstrate your legal marriage to a U.S. citizen or lawful permanent resident.
- Evidence of a Genuine Relationship: Submit documents that show your relationship is bona fide. This should include joint evidence, joint bank accounts, utility bills, photos, correspondence, and affidavits from friends and family.
2. Financial Requirements
- Affidavit of Support: The U.S. citizen or permanent resident spouse must submit Form I-864, Affidavit of Support. This form ensures that the U.S. sponsor can financially support the immigrant spouse and prevent them from relying on public benefits.
- Income Requirements: The sponsor must meet the minimum income requirement, which is typically 125% of the Federal Poverty Guidelines, to ensure financial stability.
3. Legal Status of the Sponsor
- Proof of Citizenship or Permanent Residency: The U.S. sponsor must provide evidence of their citizenship or lawful permanent residency. Acceptable documents include a U.S. passport, naturalization certificate, or green card.
4. Medical Examination
- Medical Exam and Vaccination: The applicant must undergo a medical examination by an approved physician. The exam includes a review of vaccination records and a physical examination to ensure the applicant does not have any health issues that could impact admissibility.
5. Background and Security Checks
- Police Clearance: You may be required to provide a police clearance certificate from any country where you have lived for six months or more since the age of 16.
- Biometrics: Attend a biometrics appointment to provide fingerprints, photographs, and other necessary biometric data for background checks.
6. Additional Documentation
- Proof of Termination of Previous Marriages: If either spouse has been previously married, provide divorce decrees or death certificates to prove the termination of previous marriages.
- Birth Certificate: Translated and Certified Birth Certificate which shows parentage.
Passport: Submit a valid passport with the necessary visa pages for the visa stamp.
Immigration requirements can change, and individual circumstances may vary. Consult with one of our immigration attorneys to ensure compliance with current regulations and to receive personalized advice.
CR1 and IR1 Spouse Visa Costs
The USCIS costs for the CR1 and IR1 visas are the same and are detailed below.
CR1 and IR1 Fees | Cost |
---|---|
I-130 Filing Fee | $675 (paper) or $625 (online) |
DS-260, Immigration Visa Application Processing | $325 |
Medical Exam | $100 – $500* |
USCIS Immigrant Fee (if outside US) | $220 |
I-485 Filing Fee (if inside US) | $1,440 |
*Medical Exam costs vary depending on the facility
If applying for a CR1 visa, it’s important to note that since this is a conditional green card only valid for two years, you must file the I-751 form, removal of green card conditions after that period has ended. Currently, the filing cost of this form is $750.
IR1 and CR1 Application Process
Navigating the application process for CR1 and IR1 visas requires careful attention to detail and adherence to specific procedures outlined by the United States Citizenship and Immigration Services (USCIS) and the Department of State. We highly recommend contacting one of our attorneys to assist you in filing these documents. Below are the key steps involved:
- Meet all of the requirements
- Marriage to a U.S. citizen: The applicant must be legally married to a U.S. citizen spouse who is over the age of 18.
- Valid marriage: The marriage must be legally recognized and valid under the laws of the country where it took place and under U.S. immigration law.
- Genuine relationship: The couple must demonstrate that their marriage is genuine and not entered into solely for immigration purposes. Evidence of a bona fide marital relationship may include joint financial accounts, shared property ownership, photos together, and affidavits from family and friends.
- General requirements: In addition to the requirements above, IR1 and CR1 applicants must meet other requirements such as passing medical examinations, completing required forms accurately, providing financial support documentation, and passing background checks.
- File the Petition (Form I-130)
- The first step in obtaining a CR1 or IR1 visa is for the U.S. citizen spouse to file Form I-130 Petition for Alien Relative, with USCIS.
- Along with Form I-130, the petitioner must submit supporting documentation, such as proof of marriage, evidence of financial support, and any required fees.
- USCIS Processing
- Once USCIS receives the Form I-130 petition, it will be processed and reviewed for completeness and accuracy.
- USCIS may issue a Request for Evidence (RFE) if additional documentation or information is required to adjudicate the petition.
- If the petition is approved, USCIS will notify the petitioner and forward the approved petition to the National Visa Center (NVC) for further processing.
- National Visa Center (NVC) Processing
- Upon receipt of the approved petition from USCIS, the NVC will assign a case number and process the visa application further.
- The NVC will request additional documentation from the beneficiary, such as the DS-260 Immigrant Visa Application, civil documents, and financial sponsorship forms.
- Once all required documentation is submitted and reviewed, the NVC will schedule an interview appointment at the U.S. embassy or consulate in the beneficiary’s home country.
- Medical Examination
- Before attending your interview you will need to get a medical examination at an Embassy-approved doctor.
- Check the list of Embassies on the State Department website to find an approved physician.
- Consular Interview
- The final step in the CR1 and IR1 spouse visa application process is the consular interview conducted at the U.S. embassy or consulate.
- During the interview, a consular officer will assess the eligibility of the beneficiary for the visa, review the submitted documents, and determine whether to approve or deny the visa application.
- If approved, the beneficiary will be issued a CR1 or IR1 visa, allowing entry into the United States as a lawful permanent resident.
These are the application steps for CR1 and IR1 visas if you reside outside of the United States. If you currently live in the United States, you’ll need to file form I-485, adjustment of status based on marriage. Click the link to review the process for this application.
CR1 and IR1 Visa Timeline
The timeline for CR1 and IR1 applications can vary depending on various factors such as the applicant’s country of origin, the workload of the U.S. Citizenship and Immigration Services (USCIS) and the National Visa Center (NVC), and any potential delays in document processing or scheduling of interviews. However, a general timeline for each stage of the application process can be outlined as follows:
- Form I-130 processing time is currently estimated at 14 months according to the USCIS processing time website. This timeframe could change depending on several factors. Most of our clients get approval before this timeframe.
- National Visa Center (NVC) processing time could take anywhere from 3 weeks to several months.
- Consular interview is typically scheduled within 3 months after the NVC processing time is complete.
- Form I-485 (if currently in the USA) processing time is currently estimated at anywhere from 10 to 24 months.
Overall, the entire CR1 and IR1 visa process can take anywhere from 1 year to 2 years, depending on individual circumstances and current processing times. It’s essential for applicants to monitor their case status regularly, respond promptly to any requests for additional information, and ensure that all required documentation is submitted accurately to minimize delays in processing. Additionally, seeking assistance from our immigration attorneys can help navigate the complexities of the visa application process and potentially expedite the timeline. Call us today at (213) 375-4084.
Hire a lawyer for CR1 and IR1 Visa Applications
Navigating the CR1 and IR1 visa application process can be complex and daunting, especially for individuals unfamiliar with U.S. immigration law and procedures. Hiring one of our experienced immigration lawyers can provide invaluable assistance and guidance throughout the entire process. Here are some reasons why hiring an ILOLA attorney is crucial:
Expertise in Immigration Law
Our immigration lawyers have in-depth knowledge and understanding of the intricate laws and regulations governing CR1 and IR1 visa applications. We stay updated on changes in immigration policies and procedures, ensuring that applicants receive accurate and current advice.
Personalized Assessment and Guidance
Our lawyer can assess the individual circumstances of each case and provide personalized advice tailored to the specific needs of the applicant. We can identify potential challenges or issues that may arise during the application process and develop strategies to address them effectively.
Document Preparation
We can assist applicants in gathering and preparing the required documentation, ensuring that all forms are completed accurately and thoroughly. We can also help compile evidence of the bona fide marital relationship, financial support, and other relevant factors to support the visa application.
Representation in Legal Proceedings
In the event of complications or legal proceedings, such as Requests for Evidence (RFEs), interviews, or appeals, our lawyer can provide representation and advocacy on behalf of the applicant. We can communicate with USCIS, the NVC, and consular officials on the applicant’s behalf, addressing any concerns and advocating for a favorable outcome.
How Our Immigration Lawyer Can Help
Initial Consultation: We can provide an initial consultation to assess the eligibility of the applicant for a CR1 or IR1 visa, discuss the requirements and procedures involved, and outline the potential options and strategies available.
Application Preparation: Our immigration lawyer can assist in completing and filing the necessary forms, gathering supporting documentation, and ensuring compliance with all requirements and deadlines.
Communication and Representation: Throughout the application process, we can communicate with USCIS, the NVC, and consular officials on behalf of the applicant, addressing any inquiries or concerns and providing representation in legal proceedings if necessary.
Legal Advice and Support: Our lawyer can offer legal advice and support at every stage of the application process, helping applicants navigate potential challenges, understand their rights and obligations, and make informed decisions.
Hiring our immigration law office can significantly improve the likelihood of a successful outcome in CR1 and IR1 spouse visa applications. With our expertise, guidance, and advocacy, applicants can navigate the complexities of the immigration process with confidence and peace of mind. We have a 5-star rating on Google and a 99% approval rating. Call us now at (213) 375-4084.
Spouse Visa FAQ
Can I work in the U.S. with a CR1 or IR1 Visa?
Yes, both CR1 and IR1 visa holders are granted permanent residency, which allows you to live and work in the U.S. as soon as you enter the country.
Do I need to file for a green card separately after getting a CR1 or IR1 visa?
No, once you enter the U.S. with a CR1 or IR1 visa, you automatically receive permanent residency and will be mailed a green card.
Can my children come to the U.S. on my CR1 or IR1 visa?
No, you must apply for a separate IR-2 child visa for your children, even if both parents are included on the spouse visa application.
Can I travel outside the U.S. with a CR1 or IR1 visa?
Yes, CR1 and IR1 visa holders can travel in and out of the U.S. freely as long as they maintain their permanent resident status.