For married couples planning to build a life together in the United States, the IR1 or CR1 visa process is often an important first step. If you’re married to a U.S. citizen or lawful permanent resident, you can apply for permanent residency and live in the country legally. But knowing where to start can be difficult.
In this blog post, we’ll discuss the difference between a CR1 vs IR1 visa, how the process works, and common mistakes to avoid so you can navigate the application process as smoothly as possible.
CR1 vs IR1 Visa
Both CR1 and IR1 visas are spousal visas that let a foreign spouse have permanent residency in the U.S. The main difference between the two is how long the couple has been married at the time the visa is approved.
Here’s a quick breakdown of the difference between the CR1 vs IR1 visa:
| Category | CR-1 Visa | IR-1 Visa |
|---|---|---|
| Marriage Length | Less than 2 years | 2 years or more |
| Green card type | Conditional (renewed after 2 years) | Permanent (renewed after 10 years) |
| Remove conditions later? | Yes | No |
| Eligible to work in the U.S. | Yes | Yes |
| Path to citizenship | Yes | Yes |
What Is a CR1 Visa?
A CR1 visa is a Conditional Resident visa that is issued to the foreign spouse of a U.S. citizen or lawful permanent resident when the marriage is less than 2 years old at the time the visa is issued. After entering the United States, the spouse receives a 2-year conditional green card. Before it expires, the couple must file to remove the conditions (the 2-year limit) and obtain permanent residency. The CR1 visa gives the holder the same rights as other permanent residency cards and is considered a path to citizenship, if desired.
What Is an IR1 Visa?
An IR1 visa is an Immediate Relative visa for spouses who have been married for 2 years or more at the time the visa is approved. Unlike the CR1 visa, the spouse receives a 10-year permanent green card when they enter the U.S. without needing to remove conditions later. The IR1 visa is also considered a path to citizenship.
CR1 Visa Processing Time
The time to process a CR1 visa depends significantly on government workload, embassy schedule, and how accurate the application is. On average, there’s a 14.5-month wait time for spouses of U.S. citizens from initial filing to visa approval. For spouses of permanent residents, there’s an average wait time of 35 months.
IR1 Visa Processing Time
IR1 visa processing times are pretty similar to CR1 visas, since both go through many of the same immigration steps. Spouses of U.S. citizens can expect a wait of around 14 months, while spouses of lawful permanent residents will likely wait at least 35 months.
CR1 Visa Requirements
To qualify for a CR1 visa, you will need to go through your local U.S. Embassy or consulate. The requirements for a CR1 visa include:
Marriage to a U.S. citizen or lawful permanent resident
Marriage less than two years old when the visa is approved
Proof that the marriage is genuine and not entered into solely for immigration purposes. Proof can include photos, flight itineraries, proof of shared bank accounts, statements from family friends, etc.
Valid marriage certificate
Background check
Medical exam
Affidavit from your spouse claiming financial sponsorship
Passport
Birth certificate
Proof that your spouse has a home in the U.S.
IR1 Visa Requirements
IR1 visa requirements are very similar to the CR1 visa. However, the marriage must be at least two years old at the time the visa is granted. The specific requirements for an IR1 visa include:
Marriage to a U.S. citizen or lawful permanent resident who is at least 2 years old
Proof that the marriage is genuine
Valid marriage certificate
Background check
Medical exam
Affidavit from your spouse claiming financial sponsorship
Passport
Birth certificate
Proof that your spouse has a home in the U.S.
CR1 Visa Fees
CR1 visa fees are occasionally updated, so applicants should always verify current pricing before filing. Common costs include:
Filing an immigrant Petition for Alien Relative, Form I-130: $675
Processing an immigrant visa application, Form DS-260: $325
Affidavit of Support fee, Form I-864: $120
Medical exam and required vaccinations: Costs vary, but expect to pay between $200 and $500
Related costs for translations, photocopies, obtaining documents, and expenses to travel to the U.S. embassy or consulate for interview: Costs vary
Removal of conditions at the end of 2 years, Form I-751: $750
IR1 Visa Fees
IR1 visa fees are usually the same as CR1 visa fees because both visas follow a similar application process. Costs include:
Filing an immigrant Petition for Alien Relative, Form I-130: $675
Processing an immigrant visa application, Form DS-260: $325
Affidavit of Support fee, Form I-864: $120
Medical exam and required vaccinations: Costs vary, but expect to pay between $200 and $500
Related costs for translations, photocopies, obtaining documents, and expenses to travel to the U.S. embassy or consulate for interview: Costs vary
Since an IR1 visa is not a conditional visa, there is no need to pay the $750 fee to remove conditions at the end of the 2 year term.
How to Apply
In order to apply for an IR1 or CR1 visa, you’ll need to go through your local U.S. embassy or consulate. The spouse who is a U.S. citizen starts the process by filing an immigrant petition, form I-130 with U.S. Citizenship and Immigration Services. When the petition is approved, your case will be moved to the National Visa Center, and you’ll continue the consular processing.
What Is the Application Process?
The application process for an IR1 or CR1 visa can be lengthy and involves several steps to determine your eligibility for lawful permanent residence. Here’s a look at the typical process:
The U.S. citizen or lawful permanent resident spouse begins the process by submitting Form I-130, Petition for Alien Relative.
U.S. Citizenship and Immigration Services (USCIS) will review the petition and supporting evidence.
If the USCIS approves the petition, your case is transferred to the National Visa Center (NVC).
The NVC will contact you to collect fees, the form DS-260, Application for Immigrant Visa and Alien Registration, and the Affidavit of Support. You’ll also need to provide passports, birth certificates, marriage records, police clearances, and proof of financial sponsorship.
The NVC will send the case to the U.S. consulate in the immigrant’s home country to be scheduled for an interview. This can take a long time, depending on your home country and whether your spouse is a citizen or lawful permanent resident.
The foreign spouse completes a required medical exam with an authorized physician. This will take place right before the interview.
The Embassy will reach out to schedule a visa interview. At the interview, make sure you bring all the required paperwork, documents, and your passport. The Embassy should let you know exactly what you need to bring. Be prepared to answer questions about your application.
If approved, you’ll receive a visa and can travel to the U.S., where you’ll receive your green card.
What Happens After You Apply?
After you apply, you will likely go through several waiting periods while the USCIS and NVC process your forms and documents. In some cases, you’ll need to provide additional evidence.
If your case is approved after the interview, the foreign spouse can travel to the U.S. The Embassy will provide a visa in your passport as well as a sealed envelope with your documents. Do not open it. Keep it sealed until you arrive for the immigration officer to open.
The visa is generally valid for 6 months after your medical exam, but once you enter the U.S., it’s valid for 12 months. During that time, you will receive your green card, typically by mail. If you have an IR-1 visa, your green card is valid for 10 years. If you have a CR-1 visa, your green card will be valid for 2 years and you’ll have to apply to have the conditions removed at the end of the 2-year period.
Common Mistakes
Many visa delays happen because of avoidable errors. Some of the most common mistakes include:
Submitting incomplete or outdated forms
Forgetting signatures or filing fees
Missing supporting documents
Providing inconsistent information
Weak evidence of a real marriage
Failing to meet the income sponsorship requirements
Waiting too long to respond to government notices
Not preparing for the embassy interview
Not showing up for appointments
Not updating your address with USCIS
Forgetting to have the conditions removed from CR1 visa
CR1 Visa vs IR1 Visa Conclusion
Moving to the U.S. to live with your spouse is exciting, but the immigration process can be complicated. There are a lot of forms to fill out and documentation to provide. And if you have a complicated case, getting a CR1 or IR1 visa can be even more difficult.
You don’t have to do it alone. The experienced team at Ginsburg & Perez is here to help. We work with you through the whole process, helping you put together a solid application with strong evidence of your marriage. We’re based in Hillsboro, Oregon, but serve clients throughout the United States so they can bring loved ones home. If you’re ready to start the immigration process for your spouse or loved one, give us a call today!
FAQs
Who should apply for the CR1 or IR1 visa instead of the K-1 visa?
A K-1 visa, also called a fiancé visa, is for couples who are engaged. The visa allows the foreign partner to enter the U.S. so the couple can get married in the United States. From there, the foreign spouse must apply for a work permit and for permanent residency. While the K-1 visa can be processed fairly quickly, the entire green card process takes longer.
On the other hand, the CR1/IR1 visa is for couples who are already legally married and want the foreign spouse to enter the U.S. as a permanent resident. Many couples choose a CR1/IR1 so the foreign spouse can work sooner after arrival and receive a green card more directly.
Can my spouse visit while the CR1 visa is processing?
Possibly, but it can get complicated. The foreign spouse may be able to use a valid tourist visa or other lawful travel authorization, but entry isn’t guaranteed. U.S. Customs and Border Protection officers decide admission at the port-of-entry. Immigration officers may prevent entry while a CR1 visa is processed, especially if you’ve already quit your job and cut all ties to your home country. Just be aware that attempting to use a visitor visa to move to the United States permanently can create serious issues and prevent your eligibility for a green card.
Who is the CR1 visa for?
The CR1 visa is for the foreign spouse of a U.S. citizen or lawful permanent resident when the marriage is less than two years old at the time of the visa approval. It allows the spouse to immigrate to the United States as a conditional permanent resident.
Who is the IR1 visa for?
The IR1 visa is for the foreign spouse of a U.S. citizen or lawful permanent resident when the marriage is at least 2 years old at the time of visa approval. It allows the spouse to immigrate to the U.S. as a permanent resident without conditions.
How long does the CR1/IR1 visa process take?
Processing times vary depending on case volume and government workload. If you’re married to a U.S. citizen, the average wait time is 14 months for the I-130 petition to be processed. If you’re married to a green card holder, the wait time is closer to 35 months.
Can I work in the United States with a CR1/IR1 visa?
Yes. Once you enter the United States as a permanent resident, you are generally authorized to work legally.
Can I obtain an IR1/CR1 visa if I’m in a same-sex marriage?
Yes. In the U.S., same-sex couples have the same immigration rights as opposite-sex couples. No matter your sexual orientation, all marriage-based visas are processed the same way.
Do I need an immigration lawyer to apply for a CR1 or IR1 visa?
No, you aren’t required to use an immigration lawyer. However, some couples choose to hire one for peace of mind, especially if their case involves complications or prior immigration issues. The process can be lengthy, and mistakes often lead to delays or denials. An immigration lawyer like Danielle Perez can provide the expertise needed to avoid costly errors when applying.
Can my children come with me?
In some situations, qualifying children may be eligible for immigrant visas (CR2/IR2) as well, but those require separate visa applications.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
