IR1/CR1 Visa Overview

The IR1/CR1 visa is an immigrant visa for foreign nationals who are married to U.S. citizens. Here’s a comprehensive guide to these visas, including eligibility, application process, and required documents.

• IR1 Visa: Issued to spouses of U.S. citizens who have been married for more than two years. “IR” stands for “Immediate Relative,” which means there is no annual cap on the number of visas issued in this category.
• CR1 Visa: Issued to spouses of U.S. citizens who have been married for less than two years. “CR” stands for “Conditional Resident,” meaning the residency status granted is conditional for two years.

Eligibility Requirements

• Marriage: The couple must be legally married. If married for less than two years, the CR1 visa is issued; if married for more than two years, the IR1 visa is issued.
• U.S. Citizenship: The petitioner must be a U.S. citizen.
• Legally Free to Marry: Both parties must be legally free to marry, meaning any previous marriages must be legally dissolved.

Application Process

1. Petition Filing (Form I-130):
   • Petitioner: The U.S. citizen spouse must file Form I-130, Petition for Alien Relative, with USCIS.
   • Supporting Documents: Submit proof of U.S. citizenship, evidence of the marriage, and documentation proving the relationship is genuine.
2. USCIS Processing:
   • Approval: Once USCIS approves Form I-130, it is forwarded to the National Visa Center (NVC) and then to the U.S. embassy or consulate in the foreign spouse’s country.
   • Notice of Action: The petitioner receives a notice of action upon approval.
3. Consular Processing:
   • Complete DS-260: The foreign spouse must complete the Online Immigrant Visa Application form (DS-260).
   • Schedule and Attend Interview: Schedule a visa interview at the U.S. embassy or consulate. Prepare for the interview by gathering required documents.
4. Visa Issuance:
   • Approval: If the visa is approved, the foreign spouse receives an immigrant visa to enter the U.S.
   • Entry to the U.S.: The foreign spouse must enter the U.S. within the visa’s validity period (typically six months).
5. Adjustment of Status (for CR1):
   • Conditional Status: If granted a CR1 visa, the foreign spouse will have conditional permanent resident status for two years.
   • Removal of Conditions: To remove the conditions, the couple must file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the second anniversary of the conditional resident status.

Required Documents

Additional Information

K-3 Visa Alternative: If there are delays with the IR1/CR1 process, a K-3 visa can be used to allow the foreign spouse to enter the U.S. while waiting for the immigrant visa to be processed.