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Quick Answer
If you are applying for a visa for your spouse, it can be confusing to know what stage of the process you are in and what type of visa you may receive. U.S. immigration law provides two main immigrant visa options for spouses of U.S. citizens (and in some cases lawful permanent residents): the CR1 and IR1 visas. The type of visa issued depends on how long you have been married.
What Are CR1 and IR1 Visas?
Both CR1 and IR1 visas are immigrant visas that allow a foreign-born spouse to enter the United States as a lawful permanent resident (green card holder). This means the spouse can live and work in the United States permanently.
What Is a CR1 Visa?
A CR1 (Conditional Resident) visa is issued when the marriage is less than two years old at the time the spouse enters the United States.
With a CR1 visa:
- The spouse receives a 2-year “conditional” green card (this is still a lawful permanent resident status, just with conditions attached)
- Before the 2-year period expires, the couple must file a joint petition to remove the conditions
What Is an IR1 Visa?
An IR1 (Immediate Relative) visa is issued when the marriage is at least two years old at the time the spouse enters the United States.
With an IR1 visa:
- The spouse receives a 10-year permanent resident card (“regular” green card)
- There is no need to file to remove conditions
The Key Differences Between CR1 and IR1 Visas
The main difference is based on the length of the marriage at the time of entry into the United States:
- CR1 visa → Marriage under 2 years → 2-year conditional green card
- IR1 visa → Marriage 2 years or more → 10-year green card
Other important differences:
- CR1 cases require an additional filing later to remove conditions
- IR1 cases do not require this extra step
- Overall processing steps for both visas are generally the same
How the CR1 and IR1 Visa Process Works
Whether you receive a CR1 or IR1 visa, the process is largely the same:
- Filing Form I-130: You will need to submit Form I-130 in order to launch the immigration process. During this time, you will also need to gather all of the required documents in support of this immigration form. You may be asked to supply civil documents like your birth certificates, passports, and valid marriage certificate. In the event that you have been married before, you may need to also bring a divorce or death certificate from the previous marriage. You should prepare photographic proof at this point of your shared life together, including photos that show you and your spouse, as well as time spent on trips and with friends and family. These elements are necessary to prove to officers that your marriage is bona fide, and not solely for the purpose of immigration.
- National Visa Center Processing: After USCIS receives Form I-130, you will receive confirmation from the National Visa Center. They will create your case, issue a letter with your case number, and collect the USCIS immigrant fee. They will also request all civil and financial documents associated with your application and schedule your visa interview. Through the NVC, you can monitor the status of your case and submit all additional forms.
- Consular Interview: Both CR1 applicants as well as IR1 applicants will have to speak with a US Embassy official or immigration officer. Only the beneficiary spouse, and not the US citizen, is required to attend the consular interview. The consular officer may ask you questions about your relationship, as well as ask that you provide the originals (not photocopies) of all required supporting documents. A medical exam must be performed prior to your in-person interview at the US Embassy or Consulate.
- Entry to the United States: This is where permanent resident status begins.
What Can Affect CR1 and IR1 Visa Processing Time?
- CR1 visa holders must file to remove conditions during the 90-day period before the 2-year card expires
- IR1 visa holders simply renew their green card after 10 years
Failing to remove conditions on time can place a person’s permanent resident status at risk, so it is very important to track this deadline carefully.
CR1 vs. IR1 Visas: Frequently Asked Questions
Is a CR1 Visa “Better” Than an IR1 Visa?
Neither visa is “better.” The type of visa simply depends on how long you have been married. A CR1 visa is not a disadvantage. It is simply the appropriate option for newer marriages.
Can a CR1 Visa Become an IR1 Visa?
If a CR1 visa was issued in error (for example, if the marriage was already over two years old at the time of entry), it may be possible to request a correction. In most cases, however, a CR1 does not automatically convert to an IR1. Instead, the spouse must file a petition to remove conditions (Form I-751) during the 90-day window before the 2-year green card expires. Once approved, the individual receives a 10-year permanent resident card.
Which Visa Is Faster?
CR1 and IR1 visas generally follow the same process and have similar processing times. There is no meaningful difference in how fast you receive one versus the other. The key difference comes later: CR1 holders must complete an additional step to remove conditions after two years, while IR1 holders do not.
How Brown Immigration Law Can Help With Marriage-Based Immigration
If you need assistance with an immigrant visa, contact Brown Immigration Law. The application process can be daunting, but our immigration lawyers will be by your side every step of the way. Our firm brings not only over ten decades of combined legal experience to the table, but also vigilant attention to detail, clear communication, and compassionate assistance. With offices in Cleveland, Columbus, Durham, Orlando, and Tampa, our immigration lawyers are available across the US in multiple states. Contact us today to get started securing your future.
