Guide to CR-1 and IR-1 Citizen Spouse Immigrant Visas: Requirements, Fees, and Process

CR-1 and IR-1 are two types of spousal immigrant visas that allow the foreign spouse of a U.S. citizen (whether opposite-sex or same-sex) to come to the United States and live together as a married couple. If the marriage is less than two years old, the applicant receives a CR-1 visa and, upon entry, a conditional green card valid for two years (commonly called a temporary green card); if the marriage is two years old or more, the applicant receives an IR-1 visa and, upon entry, a permanent green card valid for 10 years. Currently, the average processing time for CR-1 and IR-1 is more than 17 months.

If the immigrant visa processing time is unbearable, a U.S. citizen may also apply for a K-3 visa for the foreign spouse; this is a nonimmigrant visa, and after entering the United States, the spouse can apply to adjust status and obtain a green card.

If the applicant is already in the United States, they only need to file Form I-485 to apply for adjustment of status and do not need to apply for a CR-1 or IR-1 visa.

CR-1 and IR-1 Visa Requirements

CR-1 and IR-1 visas allow a U.S. citizen to sponsor their foreign spouse to come and live in the United States; accompanying children may receive CR-2 and IR-2 visas. If the sponsor is not a U.S. citizen but a lawful permanent resident (green card holder), the corresponding petition category is F2A, and processing times may be much longer than for CR-1 and IR-1.

The requirements for CR-1 and IR-1 include:

• The sponsor must be a U.S. citizen.

• The couple must be legally married and provide valid proof of marriage.

• The authenticity of the marriage must be proven through evidence such as photos and flight itineraries.

• The sponsor must file Form I-864 to provide financial sponsorship for their spouse. They must be able to maintain the household at 125% of the federal poverty level. If the sponsor does not meet the income requirement, a joint sponsor may be used.

• The sponsor must have a fixed residence in the United States.

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Differences Between CR-1 and IR-1

If the applicant's marriage to the U.S. citizen spouse is less than two years old, they will receive a CR-1 visa and, after entering the United States, a conditional green card or temporary green card valid for two years. After the two-year period ends, they must file jointly with their U.S. citizen spouse to remove the conditions on the green card, that is, to convert the temporary green card into a permanent green card valid for 10 years.

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If the applicant's marriage to the U.S. citizen spouse is more than two years old, they will receive an IR-1 visa and, after entry, a 10-year permanent green card.

In addition to marriage-based green cards, EB5 investors also initially receive temporary visas, including types such as C51 / T51 / R51 / I51.

Application Fees for CR-1 and IR-1

The costs for a marriage-based green card fall into the following four basic categories:

• Fee for filing Form I-130: $535

• Fee for processing the immigrant visa application (DS-260): $325

• Immigration medical examination: varies by country

• Other miscellaneous fees: such as translation, passport, birth certificate, etc.

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In addition, a CR-1 visa holder who applies to replace the permanent green card after two years must also pay a $595 application fee (Form I-751) and an $85 biometrics fee.

Application Process for CR-1 and IR-1

• First, you need to be able to prove that your marriage is genuine. Your spouse should be an adult (18 years or older) and have a "residence" in the United States.

• Your spouse (the U.S. citizen) needs to complete and submit Form I-130 to USCIS to sponsor your application. I-130 processing may take several months or even more than a year.

• If your I-130 is approved, the application will be transferred to the National Visa Center (NVC) for processing. The NVC will notify you to submit the fees and documents required during the application process, and they will also guide you through Form DS-260, where you need to answer questions about yourself, including your work and education history.

• After receiving the documents from the NVC, your local U.S. embassy or consulate should send you a letter telling you when and where the interview will be held. Before attending the interview, you need to undergo a medical examination with a doctor approved by the embassy.

• When you attend the interview, you will need to bring all relevant documents and your passport. You will need to take an oath and answer questions about your application.

• If there are no matters requiring further inquiry, you will receive a response about a week after the interview. If approved, you will receive an immigrant visa and a sealed document envelope. You must not open this envelope; it is for the U.S. customs immigration officer to open and inspect.

• CR-1 and IR-1 immigrant visas are usually valid for 6 months, meaning you need to be prepared to land in the United States within 6 months. After entering the United States, you will receive your green card within 12 months.

Frequently Asked Questions and Answers

1. Can same-sex marriages obtain CR-1 or IR-1 spousal visas?

Answer: Yes. The U.S. Supreme Court's decision in Windsor v. United States confirms that same-sex couples have the same rights as opposite-sex couples in marriage-based immigration.

2. Does my spouse visa sponsor need to live in the United States?

Answer: Not necessarily. If your spouse does not currently live in U.S. territory, they need to prove:

• They are an employee of the U.S. government or an agency stationed abroad; or

• They are only temporarily residing abroad, and their permanent residence remains the United States; or

• They intend to move back to the United States immediately after your application is approved

3. What documents are required to apply for a CR1 or IR1 visa?

Answer: Generally, you need:

• A passport valid for at least 6 months after your arrival in the United States

• Financial sponsorship (Form I-864)

• Form DS-260

• Two 2×2 inch U.S. passport-style photos

• All documents required by the embassy, including your birth certificate, marriage certificate, police clearance certificate, etc.

• Medical examination documents

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4. What questions are asked in the CR-1 and IR-1 visa interview?

Answer: The main purpose of the interview is to determine whether your marriage is genuine. The visa officer may ask how you and your spouse met, your daily life as a couple, and your future plans.

5. What are the possible reasons for CR-1 and IR-1 visa denial?

Answer: A visa may be denied if the applicant is found ineligible (for example, if the marriage is not genuine), 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.

6. Can CR-1 and IR-1 visa holders work legally in the United States?

Answer: Yes. You can work immediately after entering the United States without applying for a work permit.

7. Can I travel outside the United States?

Answer: Yes. However, you generally cannot leave the United States for more than one year.

8. When can I apply for citizenship?

Answer: You can apply for citizenship after living in the United States with your spouse for 3 years. You may apply within the 90 calendar days before meeting the 3-year requirement.

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9. Do I need an immigration lawyer to apply for CR-1 and IR-1?

Answer: If you are familiar with U.S. immigration knowledge, you can apply on your own. Otherwise, you may consider hiring a lawyer for assistance.