Book a Consultation Call
OUR KNOWLEDGE AT YOUR SERVICE – WHERE AND WHEN YOU NEED IT
Spousal Visa
CR1 and IR1 Spouse Visas, Explained
A CR1 spouse visa (also known as IR1) is a green card that enables individuals from different countries to stay in the United States with their spouse, who is either a U.S. citizen or a permanent resident. If you’ve recently married, you may be eligible for a CR-1 visa, while those who have been married for a more extended period may qualify for an IR1 visa. Obtaining a spousal visa can be lengthy, especially for foreign nationals married to green card holders in the U.S. The current wait time is around 9.3 months, but it may take even longer in some cases. The CR-1 visa has emerged as a popular alternative to the K-3 visa.
Processing Time for CR1 Visa: 2024
The processing time for a CR1 visa in 2024 can vary depending on your situation:
- Spouse of a U.S. Citizen: The current wait time is typically between 13.5 and 15 months.
- Spouse of a Green Card Holder: The wait time is significantly longer, ranging from 33 to 37 months.
There are other factors that can influence processing times as well, such as the workload at the USCIS service center handling your case and the specific country you are applying from. The average wait time for a spousal visa is approximately 9.3 months, although it can vary based on whether you are married to a U.S. citizen or green card holder.
The processing time for I-130 can vary significantly depending on the service center. Processing times for Form I-130 typically take approximately 11 months on average. This estimate is derived from analysis conducted by Boundless partner Track My Visa Now. They specialize in tracking wait times in real time, providing the most current estimates for Form I-130 petitions filed today.
If you’re not married to a U.S. citizen, there might be a waiting period before a visa becomes available. You can check the Visa Bulletin to get a sense of wait times.
Important News for Green Card Holders’ Spouses (November 2023):
According to data provided by the Visa Bulletin, approval times for F2A applications have significantly increased. These are designed for the spouses and children under 21 of U.S. green card holders. It can be quite a lengthy process for a green card holder to bring their spouse or child to the U.S.
In the past, green card holders who submitted their application in 2020 typically received a decision around this time. However, starting in August, individuals facing a similar situation would have needed to submit their application in 2017 to receive a decision this month.
As a result, certain green card holders may face more than seven years, or even longer, before they can reunite with their loved ones.
CR1 / IR1 Requirements
In order to be eligible for a CR1/IR1 visa, you will need to submit your application through a process known as “consular processing.” Below is a list of visa types that require consular processing:
- ⇒ When the sponsor is a U.S. citizen, this process applies to the CR1/IR1 spouse and the accompanying CR2/IR2 child.
- ⇒ When the sponsor is a legal permanent resident (also known as a green card holder), the F2A category is applicable for spouses (F21) and children (F22).
If you dream of joining your spouse in the United States through the CR1 visa, which is a benefit intended for married couples, Understanding the essential requirements is crucial.
Here are some of the main ones you can find:
- Be married to a U.S. citizen or permanent resident on paper.
- The marriage must be less than two years old in order to get the CR1 visa bonus.
- You need your spouse to be your sponsor and make an immigrant proposal for you.
- Your sponsor must show proof of income or have a co-sponsor who will pay for them.
- Prove that you meet the USCIS requirements to enter the United States.
- Show that the marriage is real and wasn’t made just to get immigrant benefits.
Currently, the standard service for applications outside the UK (Pakistan) takes 3 to 6 months. Opting for the priority service may take 3 to 6 weeks, although availability is subject to current high demand. For applications from inside the UK, the processing time can range from 3 to 9 months, depending on the complexity of your case. However, we can ensure a next-day decision if you choose our Super Priority service.
What is the CR-1 Visa?
CR1 (or Conditional Resident) visas are granted to individuals who, upon entering the United States with their green card, have been married to a U.S. citizen for a duration of less than two years. Visas are granted with certain conditions attached. After two years of being in the United States, the recipient and their U.S. citizen spouse need to apply for the removal of conditions from the green card. This will result in them receiving a new 10-year permanent resident card.
What is the IR-1 Visa?
Alternatively, IR1 (or Immediate Relative) visas are granted to recipients who have been married to U.S. citizens for over two years upon approval of their green card. For this situation, the IR1 holder won’t have to worry about removing any conditions since there are none. They will have a generous ten-year period before needing to renew their permanent resident card.
Note:
Investor visas, like the EB5, are also known as Conditional Resident visas and will require updating after two years. That being said, in our context, the term CR1 typically denotes a conditional, 2-year, marriage-based green card.
The CR1 / IR1 Application Process
How to Apply for a CR1 or IR1 Visa
You must undergo consular processing to apply for a CR1 or IR1 visa. This involves filling out an application and attending an interview at your area’s U.S. Embassy or Consulate. Here, we’ll give a straightforward breakdown of the CR1/IR1 visa application process. Here is an easy-to-follow manual on how to apply for a CR1 or IR1 visa using consular processing:- Ensure you meet the requirements to be eligible for a green card. A key component is to show the genuineness of your marriage. It is essential that your spouse is at least 18 years old and resides in the United States.
- The U.S. citizen sponsor, your spouse, must complete and submit Form I-130, also known as the “Petition for Alien Relative.”
- The processing time for the form can vary from a few months to more than a year, depending on U.S. Citizenship and Immigration Services (USCIS). Once your I-130 is approved, you can move on to the next step.
- If your application is approved, refer to the Visa Bulletin to determine if a green card is currently accessible. You can skip this step if you are married to a U.S. citizen. However, you might have to wait in a “line” if that’s not the case. The duration of this process can vary depending on your location.
- Your petition will be processed by the U.S. Department of State’s National Visa Center (NVC), where your case will be officially entered into the system.
- The NVC will inform you of any required fees and paperwork that must be submitted during the application process. You will be guided to fill out Form DS-260, also known as the “Application for Immigrant Visa and Alien Registration.” This form serves as the official green card application and requires you to provide information about your background, such as your employment and educational history.
- Once you have received your paperwork from the NVC, the local U.S. Embassy or Consulate will send you a letter providing the interview details, including the date and location.
- Before attending your interview, you must undergo a medical examination with a physician approved by the Embassy. You can visit the Embassy’s website for a list of acceptable doctors.
- Bring all the necessary documents, including your passport, to your interview. It would be best to contact the Embassy directly for a precise list of requirements. You will be required to provide sworn answers to inquiries regarding your application.
- If no additional questions arise, you should anticipate receiving a response promptly or within approximately one week of your interview. Once approved, you can expect to receive a visa placed inside your passport and a sealed envelope containing all your necessary documents. Please refrain from opening this envelope. Only the immigration officer at the border should have the authority to open it.
- The visa issued by the consular officer will be valid for six months after your medical exam. After the U.S. border official grants you entry into the United States and hands back your documents, your visa will remain valid for 12 months. This will allow you to travel in and out of the country without restrictions. Your final green card will be delivered to you within those 12 months.
Note:
Obtaining CR1 and IR1 visas involves going through consular processing. If you’re currently living in the United States, you’ll need to go through the Adjustment of Status (AOS) process, which comes with its own set of requirements and paperwork.
CR1 / IR1 Costs
The cost of getting a marriage-based green card can be broken down into 4 main groups, depending on whether you’re asking for an IR1 or a CR1.
Group 1: Filing Form I-130 $535
Group 2: Processing the Immigrant Visa Application (DS-260) $535
Group 3: Immigrant Medical Exam
This fee will be different in each country. For example, The Embassy in Buenos Aires charges $5,000 Pesos, which is about $48 USD, for the physical test that is needed. The Hanoi Embassy, on the other hand, charges $275 for people over 15 years old.
Group 4: Paying Related Costs
You will have to pay for translations, passports, birth certificates, photocopies, and any travel costs that are linked to getting all the necessary paperwork and papers.
What to Do Next
After successfully completing the green card application process, you may be granted either a CR1 or IR1 visa, which is determined by the duration of your marriage at the time of your entry into the United States.
Support FAQ: Can you work on a CR-1?
Yes. Working on a CR1 Visa is a viable option for you! Upon arrival in the United States with a CR1 visa, you gain automatic eligibility to work within the country. Applying for a work permit is unnecessary. Your stamped passport will act as a temporary green card until your official green card is delivered, usually within 2-3 months.
If you have an IR1 visa, renewing your green card will be a straightforward process that occurs 10 years after you initially received it. However, if you have received a CR1 visa, it is necessary to apply for the removal of conditions from your green card within 90 days of the 2-year anniversary of your arrival in the United States.
Here, we’ll provide a brief overview of the steps involved in removing conditions from a permanent resident card.
Firstly, both partners must fill out and submit Form I-751, also known as the “Petition to Remove Conditions on Residence.” Submitting your application within the 90-day period leading up to the expiration date of the CR1 green card is crucial. If you submit your form too early, USCIS will just return it to you. On the other hand, if you submit it too late without providing an explanation, your application may be denied completely.
As part of the application, you must provide evidence of your genuine marriage. USCIS will require proof that your marriage has remained intact over the past two years, similar to the evidence provided during the initial green card application. Possible evidence could include:
- Statements from a joint bank account
- Birth certificates for any children born during the 2-year period
- Property deeds with both names listed
- Photos from the period in question
Get Expert Advice with ISLAW Immigration Law
Get professional assistance and valuable insights on immigration law matters with ISLAW. We have a team of skilled professionals who are experts in handling the intricacies of immigration law. They are here to provide you with tailored assistance for your unique requirements. If you need help with visas, residency applications, or any other immigration-related matters, ISLAW is here to offer you the necessary support and expertise.
ISLAW can help you come up with a plan to get you into the country. We’ll be with you all the way through.
Related: FREE Assessment
Frequently Asked Questions
Yes, in most countries a spouse visa allows you to work. This is a major benefit compared to fiancé visas, which typically restrict working. With a spouse visa, you generally have the freedom to choose full-time, part-time, or even self-employment.
Applying for a spouse visa involves several steps. First, confirm you and your spouse qualify in your chosen country. Then, collect documents proving your marriage, relationship, and your spouse’s finances. Next, submit the application online and attend a fingerprint scan. An interview might follow.
Yes, spouse visas are usually extendable. They act like a bridge to permanent residency. Extensions let you stay while meeting requirements for permanent residency. The process varies by country, but typically involves re-applying and proving your relationship is real and you meet financial requirements. There might be multiple extensions before reaching permanent residency. Check the target country’s official website or an immigration lawyer for specifics.
The “Conditional Resident” (CR-1) visa lets the spouse of a U.S. citizen or legal permanent resident live in the U.S. temporarily until they can become a permanent resident.
CR1 and IR1 visas are both green cards for spouses of US citizens, but the main difference boils down to how long you’ve been married:
- CR1 (Conditional Resident): This is for couples married less than 2 years when the foreign spouse enters the US. It’s a temporary green card, valid for 2 years. You’ll need to file to remove conditions after that period to get the permanent IR1 visa.
- IR1 (Immediate Relative): This is issued directly to spouses married for over 2 years. It grants permanent residency without any conditions and is valid for 10 years.
This question has different answers based on the country where you want to apply, but in general, you will need:
- A passport that will remain valid for 6 months after your arrival in the United States
- An Affidavit of Support (Form I-864)
- Form DS-260
- Two 2×2, passport-style photos
- All civil documents requested by the embassy. This will likely include your birth certificate, marriage certificates, police certificates, and military records (if any)
- Medical exam papers
Getting a UK spouse visa in 2024 can take anywhere from 6 to 8 weeks if applying within the UK, or 2 to 3 months if applying abroad. These are just estimates though, and the actual wait time can depend on your situation and how busy they are. For the latest info, check the UK Visas and Immigration website. They also offer faster processing options for an extra fee, but these are currently suspended or come with additional costs.
Of course not. The “domicile” requirement must be met, which they can do even if they live outside of the countries listed. Most people can meet this condition by living in the US or one of its territories. Not only that, but they can also show proof of one of the following:
- They are a worker at a recognized company.
- They are only staying outside of the US for a short time.
- They plan to move back to the US as soon as you (as their partner) are allowed to enter the US.
The officer conducting the CR1 conversation wants to know if your marriage is real. Persons will inquire about your connection, such as how you met, your daily routines, and your plans for the future. The website Boundless has written a full guide on what to expect at the interview for a marriage green card.
The wait time for the CR1 visa is currently 13.5 to 15 months if you are married to a U.S. citizen and 33 to 37 months if you are married to someone with a green card.
The CR1 is a short-term green card that lasts for two years. They will have to apply to “remove the conditions” and get a permanent green card after two years.
Currently, it takes a little longer to process the K-1 fiancé visa than the CR-1 spouse visa. When the government raises fees in late 2023, the K-1 will also cost a lot more. Which of these two visa routes you choose will depend on your specific needs. It’s possible to get a K-1 or CR-1 visa, but there are some pros and cons to each.
Yes, you can start working as soon as you get into the United States with a CR-1 visa. Having a CR-1 visa means you don’t need to get a different work permit.
Yes, you can travel with a CR-1 green card, but keep it under a year. Trips longer than that might make it seem like you don’t live in the US anymore, which could cause problems coming back. To be safe, consult a lawyer for trips close to a year and consider applying for a Re-entry Permit for absences over six months.
After living with their spouse in the U.S. for three years, an individual with a CR-1 visa can ask for citizenship. You have a period of 90 days before the 3-year limit to apply for citizenship.
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 $25,550.
After the two-year period, the CR1 visa holder must seek to “remove the conditions” on the marriage green card in order to extend its validity to ten years. You can submit an application to extend it after the ten years.
An applicant for a CR-1 visa may not be granted if they are not qualified, if their application is incomplete or wrong, if there are security concerns, or if they have a history of breaking immigration laws or committing crimes.
CR1 visa processing times in 2024 can vary depending on who you’re married to:
- Married to a US Citizen: The current wait time is around 13.5 to 15 months.
- Married to a Green Card Holder: The wait time can be significantly longer, ranging from 33 to 37 months.
It’s important to remember these are just estimates and individual cases can take more or less time.
You don’t have to hire an immigration lawyer to help you apply for a spouse visa, but some couples may find it helpful to have a lawyer’s help. An immigration expert can also give you more peace of mind as you apply for a spouse visa.
Yes, same-sex couples have the same rights as opposite-sex couples when it comes to marriage-based immigration. It was decided by the Supreme Court in Windsor v. United States that the Defense of Marriage Act (DOMA) was not in line with the Constitution. So, all marriage-based visa applications will be looked at the same way, no matter what sexual preference the applicant is. Boundless made a full immigration guide for LGBTQ couples and families that you can read for more information.