CR1 and IR1 Spouse Visas of US from Bangladesh, explained.
AN OVERVIEW OF THE CR1/IR1 SPOUSAL VISA PROCESS, INCLUDING TIMELINE, COST, REQUIREMENTS AND MORE
What is a Spousal Visa?
A CR1 spouse visa (also known as IR1) is a green card that allows a foreign national to live in the United States with their spouse, who is a US citizen or permanent resident. If you’ve been married for less than two years, you may be eligible for a CR-1 visa (conditional resident), while those who have been married for two or more years may be eligible for an IR1 visa (immediate relative). The current wait period for a spousal visa is about 9.3 months; however, it is substantially longer for foreign nationals married to green card holders in the United States. The CR-1 visa is presently the most prevalent alternative to the K-3 visa.
CR1 Visa Processing Time 2024
The current average wait period for a spousal visa is 9.3 months, though this might vary depending on whether you are married to a US citizen or a green card holder.
The processing time for I-130 will differ substantially based on the service center. Form I-130 takes around 12 months to process on average. This estimate is based on analysis by FaraTaran partner Track My Visa Now, which tracks wait times in real time and provides the most recent estimates for Form I-130 petitions filed today.
If you are not married to a US citizen, you may have to wait a time before a visa is available. Check the Visa Bulletin for an idea of wait times.
Important update for spouses of Green Card holders (November 2023):
The Visa Bulletin shows that F2A applications are taking substantially longer to be accepted. These are for US green card holders’ spouses and children under the age of 21. So, if a green card holder wants to bring their spouse or child to the United States, their application could take years to be processed.
Before August, if a green card holder applied in 2020, they would have had a decision by now. However, starting in August, someone in the same situation would have had to apply in 2017 to receive a judgment this month.
This means that some green card holders may have to wait more than seven years or more to reunite with their families.
CR1/IR1 Requirements
To be eligible for a CR1/IR1 visa, you must apply through “consular processing.” Here are the visa kinds that require consular processing:
When the sponsor is a US citizen, the CR1/IR1 spouse and accompanying CR2/IR2 kid are eligible. If the sponsor is a lawful permanent resident (also known as a green card holder), the F2A category (F21 spouse and F22 child) applies.
A CR1/IR1 visa allows a US citizen or lawful permanent resident (green card holder) to sponsor their foreign spouse’s entry into the United States.
Specific needs include:
- The sponsor must be a United States citizen or legal permanent residence.
- The pair must be properly married and have a valid marriage certificate.
- The marriage’s validity must be established with proof, such as photographs and flight itineraries. For additional information, check out FaraTaran’ guide to proving your marriage is legitimate.
- The sponsor must offer financial assistance for their spouse and sign an affidavit. They must be able to sustain their household at 125% of the federal poverty level. If the sponsor does not match the income requirements, they may use a partner sponsor.
- The sponsor must have a US domicile, which means they must either dwell in the United States or demonstrate that they intend to return to the United States with their foreign spouse. See our FaraTaran guide on proving domicile.
What is the CR-1 visa?
CR1 (or Conditional Resident) visas are issued to applicants who, upon arrival in the United States with their green card, have been married to a US citizen for less than two years. These visas are granted on “conditional” grounds. Two years after arriving in the United States, the recipient and their US citizen spouse must seek to have the requirements removed from their green card, at which point they will be issued an updated 10-year permanent resident card.
What is the IR-1 visa?
When a beneficiary’s green card is issued, they are granted an IR1 (or Immediate Relative) visa if they have been married to a US citizen for more than two years. In this instance, the IR1 holder does not need to remove any constraints (there are none) and has 10 years to renew their permanent residence card.
Investor visas, including the EB5, are classified Conditional Resident visas and require renewal every two years. However, for our purposes, the term CR1 refers to a conditional, two-year green card based on marriage.
Differences Between CR1 and IR1
While CR1 and IR1 visas give beneficiaries comparable rights and advantages, they have different durations. The CR1 is a conditional marriage green card that is good for two years, whereas the IR1 is a permanent marriage green card valid for ten years.
- The CR1 visa is for spouses who have been married to a US citizen for less than two years.
- CR1 visas are also known as “conditional resident” visas since the spouse must live in the United States for two years after entering the country before receiving full permanent residency status.
- If the spouse and the US citizen divorce within the two-year conditional period, the spouse would lose their green card status.
- IR1 visas are for spouses married to a US citizen for at least two years.
- IR1 visas, often known as “immediate relative” visas, allow the spouse to petition for permanent status immediately after entering the United States.
- There is no two-year conditional period for IR1 visa holders.
CR1/IR1 Costs
Whether you’re applying for an IR1 or a CR1, the cost of acquiring a marriage-based green card can be divided into four major categories:
categories:
| Filing Form I-130 | $675 ($50 discount for online filing) |
| Processing the Immigrant Visa Application (DS-260) | $325 |
| Immigrant Medical Exam | This fee will vary depending on the country. The Embassy in Buenos Aires, for example, currently charges $5000 Pesos (about $48 USD) for the required physical examination. The Hanoi Embassy, by contrast, charges $275 for applicants over 15. |
| Paying Related Costs | You will have to cover costs for acquiring all the related documents and paperwork, including translations, passports, birth certificates, photocopying charges, and associated travel expenses. |
For those with a CR1 Visa:
When it comes time to apply for condition removal, you will be required to pay a $750 filing cost (for Form I-751) as well as a $85 biometric fee.
It’s a good idea to make a list of all your anticipated expenses ahead of time. This will ensure that you have money when you need it.
FaraTaran allows you to pay government fees over time, so you can start now and pay later. We guarantee approval or your money back. Find out what FaraTaran can do to assist.
The CR1/IR1 Application Process
How to apply for a CR1 or IR1 visa.
To apply for a CR1 or IR1 visa, you must go through consular procedure, which involves applying and interviewing at your local US Embassy or Consulate. This section will provide a step-by-step overview of the CR1/IR1 visa application process. Our Guide to Consular Processing provides a more complete explanation.
Follow these steps to apply for a CR1 or IR1 visa through consular processing:
- Make sure you’re eligible for a green card. Most significantly, you’ll need to demonstrate that you’re in an authentic marriage. Your spouse should also be at least 18 years old and “domiciled” in the United States.
- Form I-130 (formally known as the “Petition for Alien Relative”) must be completed and filed by your spouse, a US citizen sponsor.
- You will then have to wait anything from a few months to over a year for U.S. Citizenship and Immigration Services (USCIS) to process the application. If I-130 is accepted, you may advance to the following step.
- If accepted, visit the Visa Bulletin to see if a green card is available. If you are married to a US citizen, you can skip this stage; otherwise, you may be required to wait in “line.” This may take a long time, depending on where you live.
- The US Department of State’s National Visa Center (NVC) will next process your petition and formally enter your case into the system.
- The NVC will advise you of any costs and papers required as part of the application process. They will also instruct you to fill out Form DS-260 (formally known as the “Application for Immigrant Visa and Alien Registration”), which is the real green card application in which you will answer questions about yourself, such as your employment and educational background.
- After obtaining your documentation from the NVC, your local US Embassy or Consulate should send you a letter indicating when and where the interview will take place.
- Before attending your interview, you must have a medical examination performed by an Embassy-approved physician. Check the Embassy’s website for a list of authorized doctors.
- When you attend for your interview, you must bring all required papers as well as your passport. You can contact the Embassy for a detailed list of everything you’ll need. You will be required to answer questions concerning your application, under oath.
- If no additional questions are required, you should expect to hear back immediately or within a week after your interview. If your application is granted, you should receive a visa in your passport as well as a sealed envelope with your documentation. Do not open this envelope. The immigration officer at the border should be the only one to open it.
- The visa issued by the consular officer will be valid for six months after your medical exam. Once the US border officer allows you and returns your paperwork, your visa will be valid for 12 months, allowing you to freely travel in and out of the nation. You can anticipate to acquire your final green card within that 12-month timeframe.
Note: CR1 and IR1 visas are obtained through consular procedure. If you currently live in the United States, you must go through the Adjustment of Status (AOS) process, which has its own set of qualifications and paperwork.
Avoid typical immigration pitfalls with unlimited support from FaraTaran’ immigration specialists. Our service includes a last lawyer review that guarantees accuracy, allowing you to apply with confidence. Learn more.
Next Steps
Once you have successfully completed the green card application procedure, you may be granted a CR1 or IR1 visa, depending on how long you have been married at the time of entrance to the United States.
FaraTaran FAQ: Can you work on a CR-1?
Yes! You may work on a CR1 visa! Once you enter the United States on a CR1 visa, you are automatically entitled to work. You do not have to apply for a work permit. Your stamped passport will function as a temporary green card until your green card arrives, which is usually within 2-3 months.
If you have an IR1 visa, you will only need to renew your green card 10 years after it was issued. If you were granted a CR1 visa, you must seek to have the conditions removed from your green card within 90 days of the 2-year anniversary of your arrival in the US.
Below, we’ll go over how to remove conditions on a permanent resident card. For further information, please refer to our condition removal guide.
To begin, both spouses must complete and submit Form I-751 (formally known as the “Petition to Remove Conditions on Residence”). It is critical that you submit your application during the 90-day period preceding the expiration date of the CR1 green card. If filed too early, USCIS will simply return the form, however if submitted too late (without justification), your application may be denied entirely.
As part of the application, you must provide documentation that you are in a valid marriage. USCIS will want to see documentation that your marriage has lasted at least two years, similar to what was provided for the initial green card application. Evidence may include:
Statements for a joint bank account
Required documents include birth certificates, property deeds with both names, and photos from the specified time period.
In addition to paying the applicable costs (see the “Cost” section for a breakdown), you must supply a copy of your Conditional Residence green card (front and back).
FaraTaran keeps track of all government deadlines and news so you don’t have to; we’ll be your immigration partner from start to finish. Find out what FaraTaran can do to assist.
Frequently Asked Questions regarding Spousal Visas
What does the term “CR1 visa” mean?
CR-1 is an acronym for “Conditional Resident” visa, which offers conditional permanent residence status to the spouse of a US citizen or lawful permanent resident.
Is it possible to obtain a CR1/IR1 spouse visa if I am married to someone of the same gender?
Yes, same-sex couples enjoy the same rights as opposite-sex couples in terms of marriage-based immigration. The Defense of Marriage Act (DOMA) was declared unconstitutional following the Supreme Court’s ruling in Windsor v. United States. As a result, all marriage-based visa applications will be evaluated in the same manner, regardless of sexual orientation. For additional information, FaraTaran has created a comprehensive immigration guide for LGBTQ couples and families.
Does my spousal visa sponsor have to live in the United States?
No, not technically. They must meet the “domicile” criteria, which is applicable even if they live abroad. The most convenient way to achieve this criteria is to live in the United States or one of its territories. Alternatively, they can offer paperwork demonstrating one of the following:
- They are an employee of an approved organization.
- They are living outside the United States temporarily.
- They intend to return to the United States as soon as you (their spouse) are accepted into the country.
What if my spouse was a Lawful Permanent Resident (LPR) when they first filed Form I-130, but has since become a US citizen?
In this instance, they will need to upgrade their petition and present the following evidence to the NVC:
- Copy of the certificate of naturalization.
- Copy of US passport (biodata page)
What documents do I need to obtain a CR1 or IR1 visa?
The answer to this question will differ based on the country where you are applying, but in general, you will need:
- A passport that will be valid for six months after you arrive in the United States.
- An affidavit of support (Form I-864).
- Form DS-260 requires two 2×2 passport-style pictures.
- The embassy wanted all civil paperwork. This will most likely include your birth certificate, marriage certificate, police certificate, and military documents (if applicable).
- Medical Exam Papers
What to expect during a CR1 visa interview?
The purpose of the CR1 interview is for the interviewing officer to determine whether or not your marriage is legitimate. You will be asked questions about your relationship, such as how you met, how you spend your days together, and what your future plans are. FaraTaran has created a full guide on what to expect during the marriage green card interview.
How long does a spousal visa take?
The current CR1 visa wait time is 13.5-15 months if you are married to a US citizen, and 29-40 months if you are married to a green card holder.
How long is the CR1 visa valid?
The CR1 is a temporary green card good for two years. After two years, the couple will need to apply to “remove the conditions” and receive a permanent green card.
Which one is better, K-1 or CR-1?
The K-1 fiancé visa currently takes significantly longer to process than the CR-1 spousal visa. The K-1 will also become substantially more expensive when the government boosts fees in late 2023. However, your specific scenario will determine which of these two visa pathways you take. FaraTaran has compiled an in-depth reference to the advantages and disadvantages of the K-1 and CR-1 visas.
Can you work on a CR1 Visa?
Yes, the CR-1 visa enables you to begin working as soon as you enter the United States. You do not need to apply for a separate work permit if you have a CR-1 visa.
Can I travel with my CR-1 green card?
Yes, you can go outside the United States as a green card holder, however your journey cannot last more than a year. For further information, see the FaraTaran guide to traveling outside the United States as a Green Card holder.
When may a CR-1 holder apply for citizenship?
A CR-1 visa holder may petition for citizenship after three years of living in the United States with their spouse. You can apply for citizenship 90 calendar days before the three-year minimum.
Is the CR1 expiring?
The CR1 visa is valid for two years, after which the visa holder must apply to “remove the conditions” from the marriage green card, making it permanent and valid for ten years. After the 10-year period, you may request to renew it.
What is the minimal salary for a CR-1 visa?
The minimum income criterion for most sponsors is 125% of the Federal Poverty Guidelines, depending on the size of their home and location. The minimum annual income for a married couple living in the 48 contiguous states (mainland U.S.) with no children is $25,550.
How can I obtain a Social Security card after successfully obtaining a CR1/IR1 spouse visa?
When completing the online immigrant visa application, you can choose to get a Social Security card upon arrival in the United States. This will provide your Social Security number. In this instance, you will most likely acquire the card within 6 weeks of entering the country. If, for whatever reason, you have not chosen to get a Social Security card, you must apply for one from the Social Security Administration.
Why would a CR-1 visa be denied?
A CR-1 visa may be denied if the applicant is found ineligible, the application is incomplete or erroneous, there are security concerns, or the applicant has a history of immigration infractions or criminal activity.
Do I need an immigration attorney for a spouse visa?
It is not necessary to hire an immigration lawyer while applying for a spouse visa, although certain couples may benefit from a lawyer’s assistance throughout the procedure. An immigration lawyer can also provide added piece of mind while handling the spouse visa application. FaraTaran’ advice explains whether or not you need an immigration counsel for your individual case. NOTE: FaraTaran also provides two alternative service choices for the spouse visa application: Essential (a guided application) and Premium (which includes additional lawyer support), allowing you to apply with confidence regardless of which option you choose.
What is the CR1 visa processing time in 2023?
In 2023, the processing period for the CR1 visa is 13.5-15 months if you are married to a US citizen and 29-40 months if you are married to a green card holder.
