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A CR1 spouse visa (also called IR1) is a green card that allows someone from another country to live in the U.S. with their spouse, a U.S. citizen or permanent resident. If you’ve been married for less than two years, you might get a CR-1 visa (conditional resident), and if you’ve been married for two years or more, you might get an IR1 visa (immediate relative). The latest wait time for a spousal visa is approximately 16.5 months; however, it’s much longer for foreign nationals married to green card holders in the U.S. The CR-1 visa is now considered the common alternative to the K-3 visa.
The current wait time for a spousal visa averages about 16.5 months, although this will vary depending on whether you are married to a U.S. citizen or green card holder. The processing time for I-130 will also vary greatly depending on the service center. For an up-to-date look at processing time estimates, you can use this USCIS tool.
If you’re not married to a U.S. citizen, you may have to wait a while before a visa becomes available. You can check the Visa Bulletin to get a sense of wait times.
The Visa Bulletin shows that it’s taking much longer for F2A applications to get approved. These are for spouses and kids under 21 of U.S. green card holders. So, if a green card holder wants to bring their spouse or child to the U.S., their application could take many years to be processed.
Before August, if a green card holder applied in 2020, they’d get a decision around now. But from August, someone in the same situation would have had to apply in 2017 to get a decision this month.
This means some green card holders might have to wait more than seven years or longer to be with their families.
To qualify for a CR1/IR1 visa, you must apply via “consular processing.” Here are the visa types that use consular processing:
A CR1/IR1 visa allows a U.S. citizen or legal permanent resident (green card holder) to sponsor their foreign spouse to come to the United States.
Specific requirements include:
CR1 (or Conditional Resident) visas are given to applicants who, when arriving in the United States with their green card, have been married to a U.S. citizen for less than two years. These visas are granted on a “conditional” basis. Two years after they arrive in the United States, the beneficiary and their U.S. citizen spouse must apply to remove the conditions from the green card, at which point they will receive an updated 10-year permanent resident card.
On the other hand, IR1 (or Immediate Relative) visas are given to beneficiaries who have been married to U.S. citizens for more than two years when their green card is approved. In this case, the IR1 holder doesn’t need to remove conditions (as there are none) and will have ten years before they need to renew their permanent resident card.
Investor visas, such as the EB5, are also considered Conditional Resident visas and thus will need to be updated after two years. That being said, for our purposes, the term CR1 generally refers to a conditional, 2-year, marriage-based green card.
While CR1 and IR1 visas provide similar rights and privileges to beneficiaries, they follow different timelines. The CR1 is a conditional marriage green card, valid for 2 years, while an IR1 is a permanent marriage green card, valid for 10 years.
Whether you’re applying for an IR1 or a CR1, the cost for obtaining a marriage-based green card can be broken down into 4 basic categories:
When the time comes to apply for the removal of conditions, you will eventually need to pay a $595 filing fee (for Form I-751) and an $85 biometrics fee.
It’s generally a good idea to collect a list of all the anticipated expenses ahead of time. This will help ensure that you have the money on hand when you need it.
Boundless helps you pay government fees over time, so you can get started now and pay later. Guaranteed approval or your money back. Learn more about what Boundless can do to help.
How to Apply for a CR1 or IR1 Visa
To apply for a CR1 or IR1 visa, you’ll need to go through consular processing, which means you’ll need to apply and interview at your local U.S. Embassy or Consulate. In this section, we’ll provide a step-by-step summary of the CR1/IR1 visa application process. For a more detailed explanation, see our Guide to Consular Processing.
Follow the steps below to apply for a CR1 or IR1 visa using consular processing:
CR1 and IR1 visas are acquired via consular processing. If you currently reside in the United States, you’ll need to go through the Adjustment of Status (AOS) process, which has its own set of requirements and paperwork.
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Once you’ve successfully completed the green card application process, you may receive either a CR1 or IR1 visa, depending on how long you’ve been married at the time of your admission into the United States.
Yes! You can work on a CR1 Visa! Once you enter the United States with a CR1 visa, you are automatically eligible to work in the United States. You do not need to apply for a work permit. Your stamped passport will serve as a temporary green card until until your green card arrives, typically within 2-3 months.
If you have an IR1 visa, you’ll simply need to renew your green card 10 years after receiving it. But if you’ve been issued a CR1 visa, you’ll need to apply to remove the conditions from your green card within 90 days of the 2-year anniversary of your arrival in the United States.
Below, we’ll briefly discuss the process for removing conditions from a permanent resident card. For more detailed instructions, see our guide to removal of conditions.
To begin with, both spouses will need to complete and submit Form I-751 (officially called the “Petition to Remove Conditions on Residence”). It’s very important that you submit your application within the 90-day period leading up to the expiration date of the CR1 green card. If submitted too early, USCIS will simply return the form, and if submitted too late (without explanation), your application could be denied altogether.
As part of the application, you will need to submit proof that you are in an authentic marriage. USCIS will want to see evidence — similar to the kind used for the initial green card application — that your marriage has continued for the past two years. Evidence might include:
In addition to paying the appropriate fees (see the “Cost” section for a breakdown), you’ll need to provide a copy of your Conditional Residence green card (both front and back).
Boundless stays on top of all government deadlines and news so you don’t have to, we’ll be your immigration partner from beginning to end. Learn more about what Boundless can do to help.
CR-1 stands for “Conditional Resident” visa, which is a type of visa that grants conditional permanent residence status to the spouse of a U.S. citizen or lawful permanent resident.
Yes, same-sex couples have the same rights as opposite-sex couples when it comes to marriage-based immigration. Thanks to the Supreme Court’s decision in Windsor v. United States, the Defense of Marriage Act (DOMA) was deemed unconstitutional. As a result, all marriage-based visa applications are to be assessed in exactly the same way, regardless of sexual orientation. For more information, Boundless put together a detailed immigration guide for LGBTQ couples and families.
No, not technically. They need to meet the “domicile” requirement, which is possible even if they live abroad. The easiest way to meet this requirement is to live in the United States or one of its territories. Failing that, they can provide documentation showing one of the following:
In this case, they will need to upgrade their petition by submitting the following evidence to the NVC:
The answer to this question will vary depending on the country where you’re applying, but in general you will need:
The goal of the CR1 interview is for the interviewing officer to determine whether or not your marriage is authentic. You will be asked questions about your relationship, including how you met, your daily life as a couple, and your future plans. Boundless has put together a detailed guide on what to expect during the marriage green card interview.
The current wait time for the CR1 visa is 14–15 months if you’re married to a U.S. citizen and 28–40 months if you’re married to a green card holder.
The CR1 is a temporary green card that is valid for two years. After two years, the couple will need to apply to “remove the conditions” and obtain a permanent green card.
The K-1 fiancé visa is currently taking slightly longer to process than the CR-1 spousal visa. The K-1 will also cost significantly more when the government raises fees in late 2023. But choosing between these two visa paths depends on your unique situation. Boundless has put together an in-depth guide on the pros and cons of the K-1 vs. CR-1 visas.
Yes, the CR-1 visa allows you to start working as soon as you enter the United States. You do not need to apply for a separate work permit when you have a CR-1 visa.
Yes, you can travel outside the U.S. as a green card holder, but your trip cannot be longer than one year. For more info, check out the Boundless guide on traveling outside the U.S. as a green card holder.
A CR-1 visa holder may apply for citizenship after 3 years of living with their spouse in the U.S. You are permitted to apply for citizenship 90 calendar days before the 3-year requirement.
The CR1 visa is valid for two years, after which time the visa holder must apply to “remove the conditions” on the marriage green card to make it permanent and valid for 10 years. After the 10-year period you can apply to renew it.
The minimum income requirement for most sponsors is 125% of the Federal Poverty Guidelines based on the size of their household and where they live. For a married couple who lives in the 48 contiguous states (mainland U.S.) and has no children, the minimum annual income requirement is $24,650.
When completing the online immigrant visa application, you can opt to receive a Social Security card after your arrival in the United States. This will provide your Social Security Number. In this case, you would most likely receive the card within 6 weeks of your admission into the country. If, for whatever reason, you haven’t elected to receive a Social Security card, you will have to apply for one with the Social Security Administration.
A CR-1 visa may be denied if the applicant is deemed ineligible, if the application is incomplete or inaccurate, if there are security concerns, or if the applicant has a history of immigration violations or criminal activity.
It is not required to enlist an immigration lawyer’s help when applying for spouse visa, but certain couples may benefit from a lawyer’s expertise during the process. An immigration lawyer can also add additional peace of mind when navigating the spouse visa application. Learn more about whether or not you need an immigration lawyer for your specific case in Boundless’ guide. NOTE: Boundless also offers two different services options for the spouse visa application: Essential (a guided application) and Premium (which includes additional lawyer support), so you can apply with confidence no matter what you choose.
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Boundless is not a law firm, but is affiliated with Boundless Legal, a non-traditional law firm, authorized by the Utah Supreme Court’s Office of Legal Services Innovation to offer certain legal services in the area of immigration law. As part of this authorization, Boundless and Boundless Legal’s owners and managers are not lawyers, but do employ licensed attorneys. This means that some services or protections, such as the attorney-client privilege, may be different from those you could get from a traditional law firm. This service is being provided by an entity that is not a traditional legal provider. This entity is owned/managed (fully or partially) by nonlawyers who are not subject to the same rules as lawyers. For more information click here. Boundless is not affiliated with or endorsed by United States Citizenship and Immigration Services (USCIS) or any other government agency. Blank immigration forms with written instructions, including for spousal visas, are available for free at the USCIS website. Use of the Boundless website and its services are subject to our Privacy Policy and Terms of Use. Nothing on this website, including guides and resources, is to be considered legal advice. For legal advice specific to your case, please consult with a licensed attorney. Attorney services are provided by independent attorneys and are subject to a separate Attorney Agreement. If you have questions, please contact us at attorneys@boundless.com.
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