The Immediate Relative (IR) visa is a family-based immigrant route reserved for the closest relatives of US citizens. It is best known as the pathway for marriage-based green cards, but it also covers parents and unmarried children under 21. Because IR visas are uncapped by annual numerical limits, eligible families avoid the priority-date backlogs seen in family preference categories. This article explains how the IR route works, who qualifies, the application steps (including National Visa Center processing, consular interviews, and adjustment of status), key legal risks (such as conditional residence, inadmissibility, and unlawful presence bars), typical timelines (often 12–24 months), and what rights and responsibilities apply after admission as a permanent resident.
What this article is about: A step-by-step, compliance-focused guide to the Immediate Relative pathway under US immigration law. It sets out the differences from family preference visas, eligibility criteria for spouses, children and parents, documentary and financial requirements (Form I-864), options to process inside the US (Form I-485) or abroad via consular processing (DS-260), and common issues including conditional residence (I-751), unlawful presence waivers (I-601A/I-601), and naturalisation timelines.
Section A: Overview of the Immediate Relative Visa
The Immediate Relative (IR) classification is a priority immigrant route for the closest family members of U.S. citizens. Unlike family preference categories, it is not subject to annual numerical limits, so qualifying applicants do not wait for a visa number to become available. This section explains what the IR route is, how it differs from the preference system, and the principal IR subcategories, including adoption-related classes.
1. What the Immediate Relative Visa is
An Immediate Relative visa grants lawful permanent residence based on a qualifying relationship with a U.S. citizen. Qualifying relationships are limited to a spouse, an unmarried child under 21, or a parent of a U.S. citizen who is at least 21. Spouses may receive a 10-year card (IR-1) or a 2-year conditional card (CR-1) depending on the length of the marriage at approval. Children and parents use different IR classifications as outlined below.
2. Difference between Immediate Relative and Family Preference visas
Family preference categories (F1–F4) are capped each year and therefore face priority-date backlogs. By contrast, Immediate Relatives are not capped, so once the petition is approved and background checks are complete, the case can proceed without waiting for a visa number. The underlying eligibility, evidence and admissibility checks still apply, but the absence of quotas generally makes IR processing more direct.
3. Types of Immediate Relative visas
- IR-1 / CR-1 (Spouse) — IR-1 for marriages over two years at approval; CR-1 (conditional residence) for marriages under two years.
- IR-2 (Child) — Unmarried child under 21 of a U.S. citizen (includes certain stepchildren if the marriage creating the step-relationship occurred before age 18).
- IR-5 (Parent) — Parent of a U.S. citizen who is at least 21.
- IR-3 / IR-4 (Adoption) — Non-Hague orphan cases: IR-3 when the adoption is finalized abroad with required parental contact; IR-4 when the child is coming to the U.S. for adoption or was not seen by both parents during the foreign proceedings. Hague Convention counterparts are IH-3 / IH-4.
- Widow(er) of a U.S. citizen — Qualifies as an immediate relative and is typically processed under the IW classification via a self-petition, subject to statutory requirements.
4. Key advantages of the Immediate Relative route
- No annual quota or priority-date backlog for qualifying relationships.
- Direct pathway to a green card (permanent residence), with work and travel benefits upon residence.
- Eligibility to naturalize after meeting residence and other statutory requirements (often three years for spouses of U.S. citizens, otherwise five years).
Section A Summary: The Immediate Relative category is reserved for a spouse, child under 21, or parent of a U.S. citizen, plus specific adoption and widow(er) cases. Because it is uncapped, qualifying families avoid priority-date queues seen in the preference system, making the IR route the most direct family-based path to permanent residence.
Section B: Eligibility Requirements
The Immediate Relative pathway is strictly limited to defined family relationships with a U.S. citizen and requires both the petitioner (sponsor) and the intending immigrant to satisfy statutory and evidential criteria. This section sets out who qualifies, how to evidence a genuine marriage in spousal cases, the sponsor’s age and residence requirements, and the financial obligations under the Affidavit of Support regime, including limited exceptions.
1. Qualifying relationships
The Immediate Relative classification is available only for the closest family connections to a U.S. citizen:
- Spouse — IR-1 for marriages over two years at approval; CR-1 (conditional residence) for marriages under two years.
- Unmarried child under 21 of a U.S. citizen (IR-2), including certain stepchildren if the marriage creating the step-relationship occurred before the child turned 18.
- Parent of a U.S. citizen who is at least 21 (IR-5).
- Adoption-related categories (IR-3/IR-4 for non-Hague orphan cases; Hague counterparts IH-3/IH-4) where statutory conditions are met.
- Widow(er) of a U.S. citizen who self-petitions within the statutory window and meets eligibility rules.
Other relatives (for example, siblings or married children) are not immediate relatives and must use family preference categories subject to visa backlogs.
2. Proof of genuine marriage in spousal cases
Marriage-based petitions are closely scrutinized to confirm the relationship is bona fide and not entered into for immigration purposes. Corroborate with consistent, credible evidence such as:
- Joint financials (bank accounts, leases, mortgages, insurance policies)
- Evidence of cohabitation and shared responsibilities
- Photographs across time and settings; travel records together
- Communications and affidavits from friends/family with personal knowledge
- Birth certificates of children born to the marriage (where applicable)
Discrepancies across forms, documents and interview answers can trigger Requests for Evidence or adverse findings. Consistency and completeness are critical.
3. Age and residence requirements for sponsors
- To petition for a parent (IR-5), the U.S. citizen must be 21+.
- To petition for a spouse or child, the petitioner must be at least 18 to sign financial forms and must be domiciled in the United States, or show intent to re-establish domicile before the immigrant’s admission.
Domicile can be proven or re-established through evidence such as U.S. employment, housing, tax filings, and plans to return prior to or concurrently with the immigrant’s entry.
4. Financial requirements and the Affidavit of Support (Form I-864)
The petitioner must generally submit a binding Form I-864 Affidavit of Support and meet at least 125% of the Federal Poverty Guidelines (100% for qualifying active-duty military sponsoring a spouse or child). Key points:
- Income can be supplemented with qualifying assets or a joint sponsor when needed.
- The I-864 obligation typically ends upon U.S. citizenship, 40 qualifying quarters of work, abandonment of residence or death; divorce does not terminate the contract.
- Narrow exceptions to filing the I-864 exist (for example, certain children who will automatically acquire citizenship upon entry), but these are limited and should be confirmed against current USCIS guidance.
5. Location and status considerations impacting eligibility
While immediate relatives are not subject to visa number backlogs, admissibility and procedural eligibility still apply:
- Adjustment of status limits: Applicants who entered without inspection generally cannot adjust status under standard rules and may need consular processing unless protected (e.g., INA §245(i)) or otherwise eligible.
- Unlawful presence risks: Departing the U.S. to consular process after accruing significant unlawful presence can trigger 3- or 10-year bars, requiring a provisional or standard waiver pathway where available.
Section B Summary: Eligibility is confined to spouses, unmarried children under 21, parents of U.S. citizens, and defined adoption and widow(er) scenarios. Petitioners must meet age and U.S. domicile requirements, and most cases require a binding I-864 at 125% of poverty guidelines, subject to narrow exceptions. Applicants must also be procedurally eligible (e.g., for adjustment) and admissible, with careful attention to unlawful presence and related waiver strategies.
Section C: Application Process
The Immediate Relative process requires a U.S. citizen petitioner to establish the qualifying relationship, complete the necessary filings, and progress either through adjustment of status in the United States or consular processing abroad. Each stage has statutory forms, evidence requirements, and timing considerations. Current overall timelines commonly range from 12 to 24 months, although processing speeds vary by USCIS service center, the National Visa Center (NVC), and local consulates.
1. Filing Form I-130 Petition for Alien Relative
The U.S. citizen sponsor begins the process with Form I-130 to establish the qualifying family relationship. Required evidence includes:
- Proof of U.S. citizenship (passport, birth or naturalisation certificate)
- Proof of relationship (marriage certificate, child’s birth certificate, adoption decree)
- Supporting documentation in spousal cases to evidence a bona fide marriage
Once USCIS approves the petition, the case is forwarded to the National Visa Center for overseas processing, unless the beneficiary is eligible to adjust status in the U.S.
2. National Visa Center (NVC) case processing
The NVC issues a case number and collects fees, civil documents, and financial forms. Key filings include:
- Form DS-260 (Immigrant Visa Application) filed online with the Department of State
- Civil documents such as birth, marriage, and police certificates
- Form I-864 Affidavit of Support with supporting tax returns, W-2s, or evidence of assets
When a case is “documentarily complete,” the NVC schedules the visa interview at the designated U.S. embassy or consulate.
3. Consular processing vs. adjustment of status
- Consular processing: Used when the applicant resides abroad. The visa interview takes place at the U.S. embassy or consulate, and upon approval, the applicant enters the U.S. as a permanent resident.
- Adjustment of status: Available only if the applicant is lawfully present in the United States and eligible under INA §245. The applicant files Form I-485 with USCIS. Those who entered without inspection generally cannot adjust under §245(a), unless they qualify under specific provisions such as §245(i).
4. Visa interview and required documentation
The visa interview is a central stage, conducted either at a consulate or by USCIS for adjustment applicants. The applicant must present:
- A valid passport
- Sealed results of the required medical examination
- Police certificates covering all residences of 6+ months after age 16
- Original civil status documents
- Relationship evidence in spousal cases
Officers may ask detailed questions about the family relationship and review all submissions for consistency.
5. Medical examination and security checks
Applicants must undergo a medical examination with a U.S.-approved panel physician. Vaccinations and tests are required in line with CDC guidelines. Biometric and security checks are also conducted to confirm admissibility under U.S. immigration law.
If approved:
- Consular cases receive an immigrant visa packet for entry into the U.S., after which the green card is mailed.
- Adjustment of status cases are mailed the green card directly following USCIS approval.
Section C Summary: The process begins with Form I-130, proceeds through NVC fee and document collection, and culminates in consular processing abroad or adjustment of status in the U.S. Medical and security screenings are mandatory. Although uncapped, processing times typically span 12–24 months, requiring careful preparation and complete evidence at every stage.
Section D: Legal Considerations and Common Issues
Although the Immediate Relative route avoids priority-date queues, applicants must still satisfy admissibility rules, evidence standards, and post-entry obligations. This section highlights the issues most likely to delay or derail a case and the strategies to manage them.
1. Conditional residence (CR-1) and removing conditions (I-751)
If the marriage is less than two years old at approval, the spouse is admitted as a conditional permanent resident for two years (CR-1). File Form I-751 during the 90-day window before the second anniversary to convert to a 10-year card. Failure to file on time terminates status and can lead to removal proceedings, though late filings may be excused for good cause with evidence. Waiver options exist if the marriage ended in good faith, if the applicant suffered battery or extreme cruelty (VAWA), or if removal would cause extreme hardship.
2. Proving a bona fide marriage & avoiding fraud findings
Marriage cases attract detailed scrutiny. Inconsistent timelines, thin joint evidence, or coached interview answers can trigger RFEs, site visits, or second-level interviews. A marriage fraud finding can permanently bar future spousal petitions under INA §204(c). Present consistent documentary proof of a shared life (finances, housing, travel, communications) and ensure forms, testimony, and records align.
3. Inadmissibility grounds and available waivers
Immediate Relatives can still be refused if inadmissible. Common grounds include unlawful presence, misrepresentation, certain criminal convictions, health-related grounds, and prior immigration violations. Mitigation tools include:
- Unlawful presence bars (INA §212(a)(9)(B)) — Departures after significant overstay can trigger 3- or 10-year bars. Many pursue the I-601A provisional waiver to address unlawful presence before consular interviews.
- Misrepresentation (INA §212(a)(6)(C)(i)) — Requires a discretionary I-601 waiver based on extreme hardship to a qualifying relative.
- Criminal grounds — Some offenses may be waivable under INA §212(h), subject to strict criteria; others are not waivable.
- Prior removal/illegal re-entry (INA §212(a)(9)(C)) — Generally triggers a permanent bar; relief typically requires 10 years outside the U.S. and advance consent to reapply (I-212), not via I-601A.
- Public charge — DHS applies the current public-charge rule; the I-864 remains central evidence. Exemptions and evidentiary standards are limited and fact-specific.
4. Unlawful presence, adjustment of status, and entry issues
Adjustment of status under INA §245 generally requires that the applicant was inspected and admitted or paroled. Immediate relatives who were admitted may still adjust despite status violations or unauthorized employment (the usual §245(c) bars do not apply to them). By contrast, entry without inspection typically precludes adjustment absent eligibility under §245(i) or other narrow provisions, in which case consular processing plus any required waivers may be necessary. Departing after accruing unlawful presence risks triggering bars, so obtain legal advice before travel.
5. Rights and responsibilities after admission
As permanent residents, Immediate Relatives may live and work anywhere in the U.S., sponsor certain relatives, and travel subject to residency rules. Preserve status by residing primarily in the U.S., filing tax returns as a resident, avoiding deportable offenses, renewing the green card on time (I-90), and using a reentry permit for trips of a year or more. Naturalization is available after meeting statutory requirements — often three years for spouses living in marital union with the U.S. citizen, otherwise five years — plus physical-presence, continuous-residence, and good-moral-character tests.
Section D Summary: Manage conditional residence with timely I-751 filings, evidence a genuine marriage to avoid §204(c) issues, address inadmissibility early with the correct waiver pathway, and choose the right forum (adjustment vs consular) in light of admission history and unlawful presence risks. After admission, maintain residence and plan toward eligibility for naturalization.
FAQs
1. What is the difference between IR-1 and CR-1?
IR-1 is a 10-year green card for spouses whose marriage is over two years old at approval. CR-1 grants two years of conditional residence when the marriage is under two years; conditions are removed later via Form I-751.
2. How long does the Immediate Relative process take?
Timelines commonly span 12–24 months end-to-end, varying by USCIS workload, National Visa Center (NVC) queues, and the local U.S. embassy or consulate.
3. Can I adjust status if I overstayed or worked without authorisation?
Immediate relatives who were admitted or paroled can often adjust despite status violations or unauthorised work (usual §245(c) bars do not apply). Entry without inspection generally blocks adjustment absent eligibility under §245(i) or other narrow provisions.
4. Is Form I-864 (Affidavit of Support) always required?
Yes, in almost all cases the petitioner must file an I-864 meeting at least 125% of the Federal Poverty Guidelines (100% for certain active-duty military sponsors). Limited exceptions exist (for example, some children who will automatically acquire U.S. citizenship upon entry); verify against current USCIS guidance.
5. What if the petitioner’s income is too low?
Qualifying assets may supplement income, or a joint sponsor can file an additional I-864. Evidence typically includes recent tax returns, W-2s/1099s, and proof of assets.
6. What happens if we divorce while I have a conditional green card?
You must still file Form I-751. Waiver options exist if the marriage ended in good faith, in cases of battery or extreme cruelty (VAWA), or if removal would cause extreme hardship. Provide robust evidence of the prior bona fide marriage.
7. Will leaving the U.S. trigger unlawful presence bars?
Departing after significant unlawful presence can trigger 3- or 10-year bars. Many pursue the I-601A provisional unlawful presence waiver before consular interviews. Obtain legal advice before international travel.
8. When can a spouse apply for U.S. citizenship?
Often after three years if living in marital union with the U.S. citizen spouse; otherwise after five years. Applicants must also meet physical presence, continuous residence and good moral character requirements.
9. Can I travel while my I-485 is pending?
International travel without Advance Parole (I-131) generally abandons a pending I-485. Obtain Advance Parole before departure, or wait until permanent residence is granted.
10. Can a fiancé(e) use the Immediate Relative category?
No. Fiancé(e)s typically use the K-1 route, marry within 90 days of entry, then pursue adjustment of status. Alternatively, marry first and pursue IR spousal processing.
Conclusion
The Immediate Relative visa remains the most direct family-based immigration route under U.S. law. By confining eligibility to spouses, unmarried children under 21, parents, adoption cases and widow(er)s, Congress ensured that the closest family connections receive priority without visa quotas or priority-date backlogs. The process nevertheless requires strict compliance with evidentiary rules, financial support contracts, and admissibility checks. Applicants must anticipate conditional residence issues, manage risks such as unlawful presence bars, and prepare thoroughly for interviews and medical/security screenings.
Once granted, permanent residence carries both rights and duties. Beneficiaries may live and work anywhere in the U.S., but they must also maintain U.S. domicile, pay taxes, and avoid conduct that could jeopardise status. With timely filings and compliance, Immediate Relatives can progress from green card holders to U.S. citizens, often in as little as three years for spouses of U.S. citizens. The route is therefore central to family unification policy and provides a secure legal pathway for close relatives of U.S. citizens.
Glossary
| Term | Definition |
|---|---|
| Immediate Relative (IR) Visa | A family-based immigrant visa category reserved for the closest relatives of U.S. citizens. |
| IR-1 / CR-1 | Spousal visas: IR-1 is a 10-year card for marriages over 2 years old; CR-1 grants conditional residence for 2 years if the marriage is under 2 years. |
| IR-2 | Unmarried child under 21 of a U.S. citizen (including certain stepchildren if relationship created before age 18). |
| IR-3 / IR-4 | Adoption visas for orphans: IR-3 where adoption finalised abroad; IR-4 where adoption to occur in the U.S. or only one parent saw the child abroad. |
| IR-5 | Parent of a U.S. citizen who is at least 21 years old. |
| Form I-130 | Petition for Alien Relative, filed by the U.S. citizen sponsor to establish the qualifying family relationship. |
| Form I-864 | Affidavit of Support, a legally binding contract requiring the sponsor to demonstrate financial ability at 125% of poverty guidelines (100% in limited military cases). |
| Form DS-260 | Online immigrant visa application filed with the Department of State for consular processing. |
| National Visa Center (NVC) | State Department unit that processes immigrant visa cases after USCIS approval and before the consular interview. |
| Adjustment of Status | The process of applying for permanent residence from inside the U.S. using Form I-485, available only if eligible under INA §245. |
| Consular Processing | The process of applying for an immigrant visa through a U.S. consulate or embassy abroad, culminating in admission as a permanent resident. |
| Conditional Residence | Two-year green card granted to spouses in marriages under two years at approval; conditions removed by filing Form I-751. |
Useful Links
| Resource | Link |
|---|---|
| USCIS – Immediate Relatives of U.S. Citizens | uscis.gov/green-card-for-an-immediate-relative |
| USCIS – Form I-130 (Petition for Alien Relative) | uscis.gov/i-130 |
| USCIS – Form I-864 (Affidavit of Support) | uscis.gov/i-864 |
| USCIS – Form I-485 (Adjustment of Status) | uscis.gov/i-485 |
| USCIS – Form I-751 (Remove Conditions) | uscis.gov/i-751 |
| USCIS – Form I-601A (Provisional Unlawful Presence Waiver) | uscis.gov/i-601a |
| USCIS – Form I-601 (Application for Waiver of Grounds of Inadmissibility) | uscis.gov/i-601 |
| U.S. Department of State – Family Immigration Overview | travel.state.gov/family-immigration |
| U.S. Department of State – DS-260 (Immigrant Visa Application) | travel.state.gov/ds-260 |
| National Visa Center (NVC) – Consular Processing | travel.state.gov/processing-at-nvc |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.