If you are the spouse of an American citizen, you may be seeking permission to come to the United States under either a CR1 visa or an IR1 visa.

The CR1 and IR1 visas are options for foreign spouses of US citizens to live with their husband or wife in the US. Both visas allow the foreign spouse to enter the US as a permanent resident, but they differ based on the length of the marriage. The CR1 visa is for couples married less than two years and grants conditional residency for two years. The IR1 visa, on the other hand, is for couples married for more than two years and provides immediate permanent residency without conditions.

In this guide, we look at how these two types of visa work and how they differ. We examine what each visa allows, their requirements, the application process and documentation needed, as well as the cost and processing time. We also explain what to do after a CR1 visa or IR1 visa is granted, or if your visa is refused.

 

What is the CR1 Visa?

 

The CR1 visa is a conditional spousal visa, initially valid for 2 years. This is an immigrant visa that allows the foreign spouse of a US citizen to enter the US as a conditional permanent resident, where the acronym “CR” stands for “Conditional Residency”.

This type of visa will be applicable to applicants whose marriage is less than 2 years old, where the imposition of conditional resident status is deemed necessary by US Citizenship and Immigration Services (USCIS) to establish that a marriage is made in good faith. As such, the CR1 green card is only valid for a period of 2 years, and will require you and your spouse to jointly apply to remove the conditional status prior to expiry of this 2-year period.

 

What is the IR1 Visa?

 

The IR1 visa is a more permanent spousal visa, initially valid for a period of 10 years. This is an immigrant visa that allows the spouse of a US citizen to enter the United States as a permanent resident from the outset, without qualification, where the acronym “IR” stands for “Immediate Relative”. This type of visa will be granted to applicants who have been married to an American citizen for more than 2 years.

If you do not apply for US citizenship within the first 10 years of living in the United States as a lawful permanent resident, you will be required to renew your IR1 visa, also commonly known as a marriage green card, prior to expiry of the 10-year validity period.

 

Differences Between CR1 & IR1 Visas

 

Both the CR1 visa and IR1 visa fall under the US immigrant classification, where either will enable you to enter the United States as a lawful permanent resident, although the CR1 visa will remain conditional for a period of 2 years and until an application is made to remove those conditions. In contrast, the IR1 visa is unconditional, with a validity period of 10 years.

 

	CR1 Visa	IR1 Visa
Marriage Duration	For couples married less than 2 years	For couples married more than 2 years
Residency Status	Conditional residency for 2 years	Immediate permanent residency without conditions
Removal of Conditions	Must apply to remove conditions after 2 years	No need to apply to remove conditions
Green Card Validity	Initial 2-year Green Card, must apply to remove conditions	10-year Green Card granted immediately
Application Process	Similar application process to IR1, but requires extra step to remove conditions	Similar process but without the need for conditional removal
Permanent Residency	Granted after conditions are removed	Permanent residency granted upon entry

 

Ultimately, the type of green card that you will be entitled to will depend on how long you and your US spouse have been married at the time of submitting your application.

 

CR1 & IR1 Visa Requirements

 

When applying for either a CR1 visa or an IR1 visa, as the foreign spouse of a US citizen, there are various requirements that must be met, not least that you are in a marriage that is legally recognised in the US and that you intend to live together as man and wife.

Your US spouse must maintain their principal residence, also referred to as their domicile, in the United States. This is essentially where they plan to live for the foreseeable future, and where you will live if granted a green card. They must also be able to show that they can financially support you without the need for government assistance.

When it comes to the financial requirement for these types of visa, there are certain income thresholds that must be met. Typically, to be eligible for either a CR1 visa or an IR1 visa, the household income of the petitioning spouse must be at least 125% of the current poverty level. This is calculated based on the sponsor’s household size, although different thresholds may apply depending on where your spouse is resident.

In most cases, assuming you have no children and your spouse is not in active military service, where the threshold is set at 100% of the poverty guidelines, your spouse will need to be earning a minimum annual salary of $22,887.50 (125% of £$18,310). However, if your US spouse cannot meet the minimum income requirements using their earned income, they may be able to add the cash value of any assets they own to make up the shortfall.

 

How to Apply for the CR1 & IR1 Visas

 

There are various procedural steps that must be taken when applying for either a CR1 visa or an IR1 visa although, in either case, your US spouse must first file a petition on your behalf. This is referred to as Form I-130 (Petition for Alien Relative).

The I-130 petition is to establish a qualifying relationship for the purposes of a family-based permanent residence application, in this case a spousal relationship. As part of this petition process, your US spouse will need to demonstrate to USCIS that your marriage is genuine and made in good faith, rather than a sham so as to unlawfully procure a green card.

After USCIS approves the petition, it will be sent to the National Visa Center (NVC). Once received, the NVC will assign a case number to that petition and begin pre-processing your case, providing you and your spouse with instructions to submit the appropriate fees. After the fees are paid, your spouse will be required to complete Form I-864 (Affidavit of Support), demonstrating their ability to provide adequate means of financial support, such that you are not likely to become a public charge whilst living in the US.

The NVC will also request the necessary immigrant visa documents, including the DS-260 application form (Application for Immigrant Visa and Alien Registration). The DS-260 is sometimes referred to as either the CR1 form or the IR1 form.

Once you submit your fees, forms and supporting documents to NVC, your case will be reviewed to ensure that you have provided all the necessary documentation required to schedule your immigrant visa interview. However, you will also be required to attend interview with various documents in your possession, for example, after submitting Form DS-260 online, you must print out the confirmation page. Importantly, prior to interview, you will need to attend a medical examination and receive any required vaccinations.

 

CR1 & IR1 Visa Supporting Documents

 

Marrying a US citizen does not guarantee the grant of either a CR1 visa or IR1 visa, where applications for lawful permanent residence on the basis of marriage are closely scrutinised to prevent abuse of the system. As such, when filing a petition for a marriage-based green card, and when submitting an application for the visa itself, both you and your US spouse must provide documentation to show that your marriage is genuine. Your spouse will also need to provide evidence of their US residence and financial means.

To ensure that you provide the necessary documentation in support of your application for either a CR1 visa or an IR1 visa, it is always best to have an expert in immigration law help you and your spouse prepare both your petition and application, and to advise you on what documents you will need to take with you when you attend your immigrant interview. In this way, you can maximise the prospects of a successful outcome, where failure to bring all the relevant documentation will often delay issuance of your CR1 or IR1 visa.

 

CR1 & IR1 Visa Costs

 

The cost of filing Form I-130 is currently $675. You or your spouse will also be required to pay a visa application processing fee of $325 for the DS-260 form, plus a $120 affidavit of support fee. Finally, there is an immigrant visa fee of $235, for USCIS to produce and mail your green card.

 

Fee Type	Cost
Form I-130 Filing Fee	$675
DS-260 Visa Application Fee	$325
Affidavit of Support Fee	$120
Immigrant Visa Fee	$235

 

If you are granted a CR1 visa, there will be an additional fee when applying to remove your conditional permanent residency status after a period of 2 years. There will also be an additional fee to renew your IR1 visa after a period of 10 years.

 

CR1 & IR1 Visa Processing Times

 

Applying for either a CR1 visa or an IR1 visa can take typically around 10 months. This is because there are two stages to this process; the filing of a petition on your behalf by your US spouse, together with an application and interview at your local US Embassy or Consulate.

However, since there is no cap on the number of spousal visas issued each year, applicants do not need to wait for their priority dates to become current. Immediately after your petition is approved by USCIS, you can start your immigrant visa application.

Processing times will also be subject to factors such as the quality of your application – if there are documents or information missing, you may receive a request for further evidence (RFE), which will delay decision-making. The caseload of the centre that is processing your application can also impact timings.

 

Spouse Visa Granted

 

The CR1 visa is an immigrant visa that will allow you to enter the United States as a conditional permanent resident. This means that, having been successfully granted a CR1 visa, you will be required to remove the conditions on your permanent resident status prior to expiry of the 2-year validity period. Under the rules, you and your spouse must file a petition within the 90-day period before your green card expires. Importantly, you cannot renew your CR1 visa where, if your conditions are not removed, you will lose the right to permanent residency and risk being deported from the US.

When applying to remove your conditional status, you will need to submit Form I-751, Petition to Remove Conditions on Residence, together with a number of documents to show that your marriage is ongoing and genuine. However, you may also be eligible to remove your conditions on permanent residence if you entered into the marriage in good faith but it has since ended, you have been widowed, you were battered or subjected to extreme cruelty by your US spouse, or where removal from the US would cause extreme hardship.

In cases where you are no longer married to your US spouse, or you have been battered or abused by them, you may request a waiver of the joint filing requirement. However, it is always best to seek expert advice in these cases to stand the best possible chance of success.

The fee for filing Form I-751 is $595, together with a biometric service fee of $85.

When it comes to IR1 visas, you can apply to renew your IR1 visa within 6 months of its expiry by filing Form I-90, Application to Replace Permanent Resident Card. The current filing fee for Form I-90 is $455, plus an $85 biometrics fee. Alternatively, having satisfied a 3-year residence requirement, together with various other requirements, you can apply for US citizenship by way of naturalisation. This is the process by which a person not born in the United States voluntarily becomes a US citizen.

 

CR1 or IR1 Visa Application Refused?

 

If your CR1 or IR1 visa has been refused, it will understandably be frustrating and disappointing. However, you may still have options. Each option depends on the specific reasons for your visa refusal, so it’s essential to fully understand why your application was denied before taking further action.

 

Common Grounds for Visa Refusal

 

There are many reasons why a CR1 visa or an IR1 visa can be refused.

 

Insufficient Proof of a Genuine Marriage

One of the most common reasons for visa refusal is the failure to provide sufficient evidence that the marriage is genuine. USCIS and consular officers require documentation, such as photos, joint financial statements, and affidavits from family or friends, to prove the authenticity of the relationship.

Collect and submit a variety of documents that demonstrate a shared life together, such as joint bank accounts, leases, utility bills, and travel history.

 

Incomplete or Incorrect Documentation

Missing or improperly filled-out forms can lead to visa delays or denials. This includes errors on Form I-130 or DS-260, missing financial documents, or inadequate supporting materials.

Double-check all forms for accuracy and completeness before submission. Consider consulting an immigration attorney to review the application.

 

Failing the Visa Interview

Inconsistencies during the visa interview, where the applicant and US citizen spouse may be questioned, can lead to refusal. Suspicion can arise if answers do not match or if the interview reveals gaps in the relationship timeline.

Prepare for the interview by reviewing key dates and details of your relationship. Be honest and consistent in your answers.

 

Insufficient Financial Support

USCIS requires the US citizen petitioner to demonstrate they can financially support their spouse, preventing them from becoming a public charge. If the petitioner does not meet the income requirement, the visa may be refused.

Ensure the US petitioner meets the income requirement or find a qualified co-sponsor to submit an Affidavit of Support (Form I-864).

 

 

Options After a Refusal

 

If your CR1 or IR1 visa application is refused, there are several options available depending on the reason for the denial. These could include:

 

Requesting Additional Information

When a visa is refused, the consulate typically provides a refusal notice explaining the reason. It’s important to carefully review this notice to understand why the application was denied. If the refusal is based on missing documentation or incomplete forms, you may be given the opportunity to submit the required information or correct any errors.

Provide any missing documents or clarification requested by the consular officer, which could lead to the application being reconsidered.

 

Filing a Motion to Reopen or Reconsider

If you believe the refusal was based on an error or new information has come to light, you can file a motion to reopen or reconsider the case with USCIS. A motion to reopen is appropriate if new evidence is available, while a motion to reconsider is used when you believe the decision was made in error.

File a motion using Form I-290B, providing detailed reasoning and any additional evidence for reconsideration.

 

Reapplying for the Visa

If the visa was denied based on insufficient proof of a genuine marriage or failure to meet financial requirements, you can reapply after addressing these issues. This may involve gathering additional evidence of your relationship or finding a co-sponsor for the Affidavit of Support.

Submit a new visa application with improved documentation and a stronger case to overcome the initial refusal.

 

Appealing the Decision

In limited cases, you may be able to appeal the visa refusal to the Board of Immigration Appeals (BIA). Appeals are usually available for refusals based on legal or procedural errors.

File an appeal if you believe the consular officer incorrectly applied immigration law or made a procedural error.

 

Consulting an Immigration Attorney

An immigration attorney can provide valuable guidance in cases of visa refusal. Our lawyers can review your case to determine the best path forward, and help prepare any motions, appeals, or new applications.

 

Summary

 

The CR1 and IR1 visas are immigrant visas for foreign spouses of US citizens, allowing them to live and work in the United States. The CR1 visa is for spouses who have been married for less than two years, granting conditional residency for two years. After that period, the foreign spouse must apply to remove the conditions to obtain permanent residency. The IR1 visa, on the other hand, is for spouses married for more than two years and grants immediate permanent residency without the need for further applications.

One of the main considerations for applicants is processing time, which can take between 10 to 14 months, depending on the case and backlog. Applicants also need to meet various documentation requirements, including proof of a bona fide marriage and the US citizen’s ability to financially support their spouse.

A potential risk for CR1 visa holders is not applying in time to remove conditions on their residency, which can lead to loss of status. Both visas require an interview at a US embassy or consulate, and any issues with documentation or discrepancies during the interview could lead to delays or visa denial. Planning and preparation are essential to ensure a smooth application process and successful outcome.

 

Need Assistance?

 

As specialists in US immigration, NNU’s London-based attorneys have extensive experience in advising on US spouse visa applications. If you have a query, contact us for guidance.

 

CR1 & IR1 visas FAQs

 

What is a IR1 visa?

An IR1 visa is an immigrant visa for immediate relatives of US citizens, including a foreign spouse. This will allow foreign spouses of American citizens to come to the United States as lawful permanent residents.

 

What does CR1 visa mean?

A CR1 visa is an immigrant visa provided on a conditional basis, where the acronym “CR” stands for “Conditional Residency”. Shortly prior to expiry of the 2-year validity period of a CR1 visa, you can apply to remove these conditions.

 

What is the difference between CR1 and IR1 visas?

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 more than two years. The main difference is that the CR1 visa grants conditional residency, whereas the IR1 visa grants immediate permanent residency.

 

Which is better CR1 or IR1 visa?

A CR1 visa is an immigrant visa with conditional status, where these conditions must be removed after 2 years, whilst an IR1 visa will be valid for a period of 10 years.

 

How long does a IR1 visa take?

It can take several months to obtain an IR1 visa, where a petition must first be filed by the US sponsor with US Citizenship and Immigration Services, followed by an application and interview with the applicant’s local US Embassy.

 

Is IR1 same as green card?

An IR1 visa is a green card based on a qualifying family relationship to a US citizen, where the acronym IR stands for “Immediate Relative”. An IR1 green card will grant you lawful permanent resident status.

 

How long does CR1 visa take?

A CR1 visa can take several months to process. This is because it involves a two-stage process, including a petition filed on behalf of the applicant by the US spouse, followed by a visa application made by the foreign spouse.

 

What are the requirements for a CR1 visa?

There are various requirements for a CR1 visa, including evidence that any marriage is both legal and genuine, and that the US spouse has sufficient financial means to support their foreign spouse without that individual becoming a public charge.

 

Does CR1 mean on your green card?

CR1 on your green card basically means that your lawful permanent residency status is conditional. You and your spouse can apply to remove this conditional status after 2 years.

 

How long does it take to process a CR1 or IR1 visa?

Processing times can vary, but typically it takes between 10 to 14 months from the initial application to visa approval. Delays may occur due to backlogs or missing documents.

 

Can I work in the US with a CR1 or IR1 visa?

 

Both the CR1 and IR1 visas allow the holder to work in the US once they enter the country. You will receive a Green Card shortly after arrival, which provides work authorization.

 

Is there an interview for the CR1 and IR1 visa?

Part of the application process involves an interview at a US embassy or consulate. Both the spouse and the US citizen petitioner may be required to attend.

 

Can children of the spouse also get a visa?

Dependent children may apply for a visa alongside the spouse, typically under the IR2 or CR2 visa categories, depending on the length of the marriage.

 

What happens if my CR1 visa expires?

The CR1 visa grants conditional residency for two years. You must apply to remove conditions 90 days before the two-year period ends to obtain permanent residency.

 

Glossary

 

 

Term	Definition
CR1 Visa	A visa for foreign spouses of US citizens who have been married for less than two years, granting conditional residency in the US.
IR1 Visa	A visa for foreign spouses of US citizens who have been married for more than two years, granting immediate permanent residency in the US.
Conditional Residency	A temporary residency status granted for two years to CR1 visa holders. After two years, conditions must be removed to obtain permanent residency.
Permanent Residency	A status allowing a foreign national to live and work in the US indefinitely, commonly referred to as a Green Card.
Green Card	A document issued by the US government that grants permanent residency and the right to live and work in the US.
USCIS (US Citizenship and Immigration Services)	The federal agency responsible for overseeing immigration processes, including the processing of CR1 and IR1 visas.
Petitioner	The US citizen who files a petition to sponsor their foreign spouse for a CR1 or IR1 visa.
Consular Processing	The process of applying for an immigrant visa at a US embassy or consulate in the foreign spouse’s home country.
Visa Interview	A required part of the visa application process where the foreign spouse is interviewed at a US embassy or consulate before visa approval.
Conditional Green Card	A Green Card given to CR1 visa holders that is valid for two years and requires the removal of conditions for permanent residency.
Adjustment of Status	The process of applying for permanent residency from within the US, commonly used by individuals who entered the US on a temporary visa.
Remove Conditions	The process CR1 visa holders must complete to convert their conditional residency into permanent residency after two years of marriage.
Affidavit of Support	A legal document that the US citizen petitioner must submit, demonstrating their ability to financially support the foreign spouse.