Reuniting with your spouse in the United States is absolutely doable when you follow a clean, documented process. If you are a US citizen or lawful permanent resident (LPR) married to a foreign national abroad, the two main immigrant visa paths are CR1 (conditional resident) and IR1 (immediate relative). Both lead to a green card upon entry; the difference is whether conditions apply.
CR1 vs IR1: What’s the Difference?
-
CR1 (Conditional Resident): Marriage under 2 years on the day of immigrant visa approval. Your spouse enters as a conditional permanent resident with a 2-year green card and must later remove conditions with Form I-751.
-
IR1 (Immediate Relative): Marriage 2+ years on the day of approval. Your spouse enters as a full permanent resident with a 10-year green card and does not need to remove conditions.
Why the Distinction Matters
-
It determines the green card validity (2 vs 10 years).
-
It controls whether you must file Form I-751 later and provide updated marriage evidence.
Who Is Eligible?
-
Petitioner: US citizen or LPR.
-
Relationship: Legal marriage recognized where it was performed.
-
Financial Sponsorship: Petitioner must meet I-864 income requirements (typically 125% of the Federal Poverty Guidelines for household size; 100% for active-duty military sponsoring a spouse).
-
Bona Fide Marriage: Evidence that the marriage is real and not for immigration purposes.
-
Admissibility: Foreign spouse must be admissible (no disqualifying grounds, or obtain waivers if eligible).
The CR1/IR1 Process (2025): Step-by-Step
Step 1: File Form I-130 (Petition for Alien Relative)
-
Who files: US citizen or LPR petitioner.
-
Purpose: Establish the qualifying relationship.
-
Filing fee (2025): $535 (confirm current fee before filing).
-
Where/How: File online or by mail with USCIS.
-
What to include:
-
Marriage certificate and any prior divorce decrees/annulments.
-
Passport-style photos (petitioner and spouse).
-
Proof of petitioner’s status (US passport, naturalization cert, or green card).
-
Relationship evidence (see “Proving a Genuine Marriage” below).
-
-
Timeline: Typical USCIS review ~7–10 months, varying by service center.
Step 2: USCIS Approval → National Visa Center (NVC) Preprocessing
-
Case creation: NVC assigns case number and invoice ID.
-
Pay fees: Immigrant Visa (IV) fee (~$325) and Affidavit of Support fee (~$120).
-
Complete forms and uploads:
-
DS-260 Immigrant Visa Application (online).
-
Form I-864 Affidavit of Support (with tax transcript, W-2s/1099s, proof of income/assets).
-
Civil documents for the beneficiary: birth certificate, passport biographic page, police certificates as applicable, marriage cert, and translations.
-
-
Goal: Achieve Documentarily Qualified (DQ) status; NVC then queues the case for interview at the designated US embassy/consulate.
Step 3: Medical Exam + Embassy Interview
-
Medical exam: Schedule with an embassy-approved panel physician before interview.
-
Interview notice: NVC/embassy sets date and provides instructions.
-
Bring to interview:
-
Appointment letter, DS-260 confirmation, valid passport.
-
Original civil documents and copies.
-
Updated relationship evidence (photos, chats, travel records).
-
I-864 packet (and joint sponsor evidence if used).
-
-
Interview focus: Relationship credibility, eligibility, security checks.
-
Outcome: Visa approval (CR1 or IR1) with immigrant visa placed in the passport; you’ll also receive a sealed packet or electronic processing note for the port of entry.
Step 4: Entry to the US + Green Card Production
-
At entry: CBP admits your spouse as an LPR. The immigrant visa serves as temporary proof of permanent residence for one year.
-
Green card delivery: Typically 2–4 weeks after entry (processing/fee payment dependent).
-
Social Security: Most consulates trigger SSN issuance; if not, apply at SSA after arrival.
Typical Timeline (2025)
-
I-130 (USCIS): ~7–10 months
-
NVC DQ & Interview Queue: ~2–4 months (longer if post backlogged)
-
Embassy interview to visa issuance: ~1–2 months
-
Green card after entry: ~2–4 weeks
Overall, 12–18 months is a common end-to-end range, but local embassy backlogs can stretch timelines.
Fees Snapshot (Confirm current amounts at filing)
-
I-130 filing fee: ~$535
-
NVC fees: ~$120 (I-864) + ~$325 (IV)
-
Medical exam: Varies by country
-
USCIS Immigrant Fee (for green card production): Required before/after entry; pay online
Evidence: Proving a Genuine Marriage
Strong, varied evidence reduces questions and delays. Provide a mix across time:
Financial and Household
-
Joint bank/credit accounts, insurance (health/auto/life) naming each other, joint lease/mortgage, utility bills, tax returns showing “married,” beneficiary designations, shared subscriptions.
Communication and History
-
Chat logs, call records, emails over time (sampled, organized).
-
Photos together across multiple dates, locations, and with family/friends.
-
Boarding passes, visas, hotel receipts from visits.
Social and Family Integration
-
Wedding invitations, guest lists, photos with relatives, affidavits from friends/family with contact info.
-
Shared memberships (gyms, clubs, faith or community orgs).
Organize evidence chronologically with brief captions; avoid massive, unindexed dumps.
Financial Sponsorship (Form I-864) Essentials
-
Income threshold: Generally 125% of the Federal Poverty Guidelines for your household size (include spouse and dependents).
-
What counts: Current income (pay stubs, job letter), recent tax transcript, and assets if income is short.
-
Joint sponsor: Allowed if the petitioner doesn’t meet the threshold; joint sponsor must be a US citizen/LPR domiciled in the US and willing to assume responsibility.
Interview Prep: What Officers Commonly Ask
-
How and when you met; courtship timeline.
-
Wedding details; who attended; cultural elements.
-
Daily routines, holidays, future plans.
-
Where and with whom you will live in the US; employment plans.
-
Prior marriages, children, or name changes.
Answer honestly and concisely. If you don’t know an answer, say so—don’t guess.
After Entry: Rights and Next Steps
-
Work: Your spouse can work immediately as a permanent resident; no separate EAD needed.
-
Travel: International travel is allowed; avoid absences over 6 months without good reason. For trips 6–12 months, carry strong ties; over 12 months generally requires a reentry permit.
-
SSN and ID: Obtain SSN (if not auto-issued), state ID/driver’s license, and update I-9 for any employment.
-
Benefits: Some benefits have waiting periods; always review eligibility rules.
Removing Conditions (CR1 Only)
-
When: File Form I-751 during the 90-day window before the 2-year card expires.
-
Who files: Generally a joint filing with both spouses; include updated marriage evidence since entry.
-
Waivers: Available for divorce, abuse (VAWA), or hardship; evidence must support the waiver ground.
-
Extensions: USCIS receipt extends status while I-751 is pending.
Path to US Citizenship
-
Married to a US citizen: Eligible to apply for naturalization after 3 years of being an LPR, if still married and living together and meeting all other requirements.
-
Married to an LPR (or no longer married to a US citizen): Standard 5-year LPR rule applies.
Common Mistakes That Cause Delays
-
Missing or inconsistent civil documents (names/dates don’t match).
-
Weak or disorganized relationship evidence.
-
I-864 income below threshold without a joint sponsor or adequate assets.
-
Skipping the medical or showing up with incomplete vaccinations.
-
Failing to update NVC items after life changes (address, marital status, newborns).
-
For CR1s, missing the I-751 filing window.
Special Situations (Quick Notes)
-
Prior overstays/visa issues: May require waivers—consult competent counsel early.
-
Name change after marriage: Keep documents consistent; bring legal proof to interview.
-
Children of the foreign spouse: Consider derivative visas (CR2/IR2) and timing so families travel together or closely.
Document Checklists
Petitioner (US Citizen or LPR)
-
Proof of US citizenship or LPR status
-
Marriage certificate; proof of termination of prior marriages
-
Passport-style photos
-
Evidence of US domicile
-
I-864 with tax transcript, proof of income/assets
-
Relationship evidence (organized)
Beneficiary (Foreign Spouse)
-
Passport (valid)
-
Birth certificate (with translation if needed)
-
Police certificates as required
-
Medical exam results (sealed or e-medical)
-
DS-260 confirmation
-
Interview appointment letter
-
Relationship evidence set for interview
Frequently Asked Questions
CR1 vs IR1—can it switch automatically?
Yes. If the marriage crosses the 2-year mark before visa approval, NVC/consulate typically issues IR1 instead of CR1, even if the I-130 said CR1.
Can my spouse work right after landing?
Yes. As an LPR, your spouse can work immediately. The immigrant visa plus I-551 stamp (if provided) serves as temporary proof until the physical card arrives.
Do we need a joint sponsor?
Only if the petitioner’s income/asset mix does not meet the I-864 threshold.
How long can my spouse stay outside the US?
Short trips are fine. Avoid consistent absences over 6 months; trips over a year generally require a reentry permit to preserve LPR status.
What if we separate during the CR1 period?
File I-751 with an appropriate waiver (e.g., divorce, abuse, hardship) and submit strong, updated evidence of the relationship history.
Clear Next Steps
-
Confirm eligibility and decide whether you are tracking toward CR1 or IR1.
-
Assemble a clean I-130 packet with strong relationship evidence and consistent civil documents.
-
Track USCIS receipt and respond quickly to any RFEs.
-
At NVC, pay fees, submit DS-260, upload civil docs, and a complete I-864 with proof.
-
Book the medical, prepare an interview binder (originals + copies + fresh evidence).
-
After approval, pay the USCIS Immigrant Fee, plan the entry, and set up SSN, banking, and state ID.
-
If you land as CR1, calendar the I-751 window and keep accumulating bona fide marriage evidence.