Understanding CR1 and IR1 Spouse Visas

Introduction

The United States is home to the highest number of immigrants in the world, with a population of 46.2 million immigrants as of 2022, and it continues to be a beacon of opportunity for people worldwide. As of 2023, the United States Citizenship and Immigration Services (USCIS) received 924,202 applications for Form I-130, a crucial step in family-based green card applications, which includes the marriage green card. 

Given the high volume of applications and the complexities involved, you might wonder: Can you successfully qualify for a CR1 or IR1 spouse visa? 

The answer is a resounding yes! 

While obtaining these visas involves intricate requirements, detailed forms, and various fees, the process is manageable with the right preparation, thorough documentation, and adherence to USCIS guidelines.

If you are considering applying for a CR1 or IR1 spouse visa for your partner but are unsure where to start, what qualifications are needed, or how long the process might take, this comprehensive guide on CR1 and IR1 spouse visas will help you get started on the right path.

How can a Spouse become a Resident of the US?

Two of the most commonly used visa options for bringing a spouse to the United States are the CR1 (Conditional Resident) and IR1 (Immediate Relative) spouse visas.

These visa types allow foreign spouses to enter the United States as lawful permanent residents but differ significantly.

What are CR1 and IR1 Resident Visas?

CR1: A conditional resident visa is issued for the spouses who have been married (must remain married for 2 years) for less than two years at the time when their visa was approved, and the “conditional” term is used to make sure that the marriage is bona fide and has not been solemnized solely for the immigration purposes. 

The processing time for a CR1 visa is usually longer than that for an IR1 visa. It is important to note that you and your spouse are supposed to apply for the removal of the conditional status within 90 days before the expiry of the second anniversary of the CR1 visa.

IR1: An immediate relative visa provides immediate residence to spouses who have been married for more than two years after their visa was approved. 

It is important to note that the CR1 Visa is only valid for 2 years. However, an IR1 visa is valid for 10 years.

What are the Eligibility Requirements for CR1 and IR1 Visa?

To be eligible for IR1 and CR1 visa, the following requirements are to be fulfilled:

1. The person sponsoring must be a lawful permanent resident or a U.S. Citizen, and they must have a U.S. Domicile.
2. The couple must establish that they have been lawfully wedded to each other and provide a valid certificate, along with the evidence, photographs, etc.
3. The sponsor is supposed to sign an affidavit of support (Form I-864) for financial support. Also, it is required that the sponsor meet the income requirements and have the means to support their household at 125% of the federal poverty level. A joint sponsor can be used if the sponsor cannot meet the income requirements.

What Steps are to be followed to get CR1 and IR1 Visas?

Getting a CR1 and IR1 spouse visa involves multiple stages, and the applicants must pay careful attention. The following steps are to be followed:

Step 1: USCIS Filing – Form I-130 Application

I-I30 application is made by the sponsor (also known as petitioner) for an Alien Relative (including supporting documents such as marriage certificates, photographs, and proof of ongoing relationship) with Citizenship and Immigration Services (USCIS) to establish the existence of a valid marriage between the U.S. citizen (or permanent citizen) and the foreign spouse.

Step 2: Notice of Action 1 (NOA1)

After the petitioner makes the application, the USCIS sends a  Notice of Action 1 (NOA1), form I-797C, to the petitioner confirming this receipt of the I-130 petition, which includes a receipt number that can be used to track the progress of the case. You need to keep the receipt number handy and a regular check on the USCIS website, tracking the status of the petition.

Step 3: Notice of Action 2 (NOA2)

The next step involves the denial or approval of the petition, along with the supporting documents. If the petition is approved by the USCIS, then they issue a Notice of Action 2 (NOA2), and if it is rejected, then they provide reasons for denials and instructions for further appeal.

Step 4: Petition sent to National Visa Center (NVC)

If your petition is approved, then USCIS will forward the petition to the NVC, and you will be given a case number. NVC requests the application fees and additional documents, such as the Affidavit of Support (Form I-864) and civil documents. 

Here, you must submit Form DS-262(Online choice of address and agent), wherein you choose how the NVC will communicate with you. This form is submitted through the Consular Electronic Application Center website center, and it usually takes 3 weeks to process. NVC also instructs you to fill out Form DS-260, wherein your background, including personal information, family details, travel history, education, work experience, and security information, will be required.

Step 5: NVC to Embassy

After the National Visa Centre reviews all your documents and receives the fees, they forward your case to the appropriate U.S. embassy or consulate. You need to monitor communications from the NVC for updates on the case status and ensure that all your documents are in order before your case is transferred to the embassy to avoid any delay.

Step 6: Embassy Letter

Once your case is transferred to the concerned U.S. Embassy, your foreign spouse is contacted with instructions for scheduling the visa interview and completing the medical examination.

Step 7: Medical Exam

The foreign spouse is to schedule a medical examination with an embassy-approved physician. The exam includes vaccinations, a medical history review, and a physical examination. United States immigration law requires immigrant visa applicants to obtain certain vaccinations before the issuance of an immigrant visa.

Step 8: Embassy Interview

To access the marriage details and other relevant information provided in Form DS-260, the foreign spouse is supposed to attend an interview with a consular officer at the U.S. embassy. You must ensure that your answers are clear, concise, and appropriate.

Step 9: Visa Issued

Once the consular officer is satisfied with the documents and answers you provided in the interview, your visa will be approved and issued. 

Step 10: Immigrant Fee

In this step, you only need to pay the immigrant fee, which is paid online through the USCIS website. This fee covers processing the green card, which will be mailed to your U.S. address.

Step 11. Travel to the U.S.

One must remember that the foreign spouse has up to six months to enter the United States. Upon arrival at the port of entry in the United States, a U.S. Customs and Border Protection (CBP) officer will review your visa and grant entry. Ensure you bring all the necessary documents, including the visa and the supporting paperwork, for the inspection at the port of entry.

Step 12. Green Card Issued

After entering the United States, the green card is mailed to the foreign spouse’s U.S. address within 2 to 4 weeks. You must be very careful with your green card as it is a legal document demonstrating you are a lawful resident, which is essential for your employment, travel, and proof of residency.

What documents are required for a CR1 or IR1 visa?

• Your passport 
• The sponsor is required to submit Form I-864, I-864A, I-864EZ, or I-864W to show they can financially support you.
• Form DS-260 that gathers your personal and background information for the visa application process.
• Two passport-style photos (2×2 inches) that meet U.S. visa photo requirements.
• Birth certificates, marriage certificates (if applicable), police certificates, and military records (if you have any) are required to be submitted.
• Form I-693 for Medical Examination report.
• Proof such as photographs and letters that demonstrate the relationship between you and the petitioner.
• If you were previously married, you’re supposed to provide either a divorce or death certificate of your previous spouse.
• You’re supposed to attach a police verification copy along with the court and prison records if you have ever been detained, arrested, or convicted of a crime, however minor it may be. 

What should be considered while you are a CR1 or IR1 visa holder?

If you have received your IR-1/CR-1 green card as a spouse of a U.S. citizen, there are several essential things to keep in mind to ensure you maintain your lawful permanent resident status and avoid complications.

• Address Changes: You must inform the USCIS about the address change if you have not received the physical green card and have entered the U.S., you can do this by submitting Form AR-11. This ensures your green card is sent to the correct address.  At the same time, you must notify USCIS of any change in your residence after you receive your green card. 
• Removal of Conditions for Conditional Permanent Residents: If you were married for less than two years at the time your green card was issued, this means you have a CR1 visa, which is only valid for two years.  To remove the conditions on your residency and obtain a standard ten-year green card IR1, you must file Form I-751 (Petition to Remove Conditions on Residence) within 90 days before your CR1 expires. Failing to do so could result in losing your permanent resident status.
• Considerations for Long Stays Outside the USA: As a lawful permanent resident, you are expected to live in the United States, and if you are spending too much time outside the U.S., this can raise questions about whether you intend to keep your U.S. residency
• If you are away for a year or longer without a re-entry permit, you may need a special visa (SB-1 returning resident visa) to re-enter the U.S.  This is only granted in exceptional circumstances, such as a medical emergency that kept you from returning sooner. To avoid this situation, it’s advisable to apply for a re-entry permit (Form I-131) before leaving the U.S. if you plan to be away for an extended period, as this permit is valid for up to 2 years without risking your permanent resident status.

How Do You Remove Conditions After Getting a CR1 Visa?

If you have a CR1 visa, which gives you a conditional green card valid for two years, you’ll need to file Form I-751 to remove these conditions after the two years are up, which costs  $750. 

1. You are required to file Form I-751 during the 90 days before your conditional green card expires. 
2. It is a joint petition, which means that you and your spouse must fill out and sign Form I-751 together.
3. You will have to provide evidence that your marriage is still going on, and there is no question of illegitimacy. You will have to provide recent photos, financial documents, residence proof, etc.
4. A copy of your CR1 visa with front and back will be required, 
5. If USCIS is satisfied with the documents you have provided, the mandate of the interview could be waived. If not, you must be prepared for an interview as your final step for an IR1 visa.

What are the costs involved for a CR1 or IR1 spouse visa?

There are several costs involved, which are mentioned below: (as of 2024)

• I-130 Filing Fee:  $675 (by mail (paper)) or $625 (apply online).
• State Department Processing: $325
• DS-260 Processing Fee: $325 
• Medical Exam: The cost of the required medical exam varies, ranging from $100 to $500, depending on the facility.
• USCIS Immigrant Fee (if applying from outside the U.S.): $220.
• Financial Support Form (I-864): $125
• I-485 Filing Fee (if applying from inside the U.S.):  $1,440.

If you’re applying for a CR1 visa, which gives you a conditional green card valid for two years, you’ll need to file Form I-751 to remove these conditions after the two years are up, which costs  $750. For IR1 visa holders, after 10 years, you will have to renew your green card using Form I-90 or, if interested, may apply for U.S. citizenship. 

What if your IR1 and CR1 visa application is denied? 

If your IR1 or CR1 visa application is denied, it can be discouraging, but it’s not necessarily the end of the road. Here’s what can happen next:

1. Understand Why: The first step is to understand why your application was denied. Common reasons include missing documents, insufficient evidence of a genuine relationship, or concerns about your background.
2. Motion to Reconsider or Reopen: If you believe the decision was wrong, you might file a motion to reconsider. This means asking the authorities to review the decision again, using the same evidence, arguing that they made a mistake. A motion to reopen is different; it’s used when you have new evidence that wasn’t available before.
3. Appeal: In some cases, you can appeal the decision. An appeal involves asking a higher authority, like the Board of Immigration Appeals (BIA), to review your case and decide if the denial was justified. This process can take time and requires a strong legal argument.
4. Reapply: In some cases, reapplying might be the best option for you. You’ll need to address the reasons for the previous denial, ensuring any issues are resolved.

What is the processing time of IR1 and CR1 visas? 

The processing time for a CR1 visa is 11.4 – 15 months if married to a U.S. citizen and 29-40 months if married to a green card holder, whereas for an IR1 visa, it takes more than two years. Various factors are responsible for this, such as: 

(a) whether the sponsoring spouse is a U.S. citizen or green card holder 

(b) Document authenticity

(c) USCIS and NVC workload

(d) The policies existing at that moment

Conclusion

Whether you’re reuniting with your spouse or starting a new chapter in the U.S., FileRight is your trusted partner. Getting your IR1 and CR1 visa process can be daunting, especially with complex forms like the I-130 and I-485 and confusing terms like Adjustment of Status and Consular Processing. But it doesn’t have to be that way. 

At FileRight, we’re here to simplify every step of the journey. Start your IR1 or CR1 visa application with FileRight today, and take a confident step toward building your future in the U.S. With our help, you can focus on what matters: being together with your loved one, without the stress of paperwork. Your journey to the U.S. starts here, and we’re with you every step of the way.

Frequently asked questions 

What’s the difference between a CR1 and an IR1 visa?

• CR1 Visa: This is for spouses who have been married for less than two years when the visa is approved. It gives you conditional permanent residency for two years.
• IR1 Visa: This is for spouses who have been married for more than two years at the time of visa approval and gives you permanent residency without any conditions.

Who can get a CR1 or IR1 visa?

A foreign spouse of a U.S. citizen or a Lawful permanent resident can apply for a CR1 or IR1 visa. 

Can I work in the U.S. with a CR1 or IR1 visa?

Yes, once you arrive in the U.S. with a CR1 or IR1 visa, you can start working immediately. 

Can I travel outside the U.S. with a CR1 or IR1 visa?

Yes, you can travel outside the U.S. However, if you stay outside for a long time, it could raise questions about whether you’re still living in the U.S. Therefore, it is suggested that if you plan to be away for a long time, it’s a good idea to apply for a re-entry permit before you leave.

What should I do if my CR1 visa is about to expire and I haven’t removed the conditions yet?

You must file Form I-751 to remove the conditions on your residency within 90 days before your CR1 visa expires. 

Can same-sex couples apply for CR1 or IR1 visas?

Yes, they can just be like opposite-sex couples.

What are the questions asked in the interview?

The objective of the interview is to verify the legitimacy of the marriage. Therefore, the questions asked by the consular officer are about relationship history, wedding details, children, family, personal habits, and events, such as:

• What was the venue of your marriage celebration?
• What is your child’s name at home?
• How many guests attended your wedding?

Can I appeal if my Marriage visa application is denied?

Yes, you can be at the Board of Immigration Appeals within 30 days of receiving the denial.