Spouse Visa (CR-1/IR-1)
Reunite with your spouse and build your life together in the United States. I guide married couples through the marriage-based green card process from petition to permanent residence.
Visa Categories
Immediate Relative vs. Conditional Residence
The type of green card your spouse receives depends on how long you have been married at the time they are admitted to the United States.
IR-1 Visa (Immediate Relative)
For spouses married to a U.S. citizen for 2+ years at the time of admission. Your spouse enters as a permanent resident with a 10-year green card.
CR-1 Visa (Conditional Resident)
For spouses married less than 2 years at the time of admission. Your spouse receives a 2-year conditional green card and must file to remove conditions before expiration.
Processing Options
Consular Processing vs. Adjustment of Status
Consular Processing
If your spouse is outside the U.S., they will interview at a U.S. Embassy or Consulate abroad and enter the U.S. as a permanent resident.
Best for spouses living abroadAdjustment of Status
If your spouse is already in the U.S. with valid status, they may be able to adjust to permanent resident without leaving the country.
Best for spouses already in the U.S.The Process
I-130 Spouse Petition Timeline
File Form I-130
The U.S. citizen or permanent resident files the Petition for Alien Relative with USCIS to establish the qualifying relationship.
USCIS Approval
USCIS reviews and approves the I-130 petition, confirming the valid marriage and petitioner's status.
NVC Processing
For consular processing, the National Visa Center collects fees and civil documents before scheduling the interview.
Interview & Visa/Green Card
Your spouse attends an interview (at embassy or USCIS office) and upon approval receives their visa or green card.
Benefits
Why Choose the Spouse Visa?
- Spouse enters with permanent resident status
- Immediate work authorization upon arrival
- No 90-day marriage deadline
- Can travel internationally with green card
- Path to U.S. citizenship in 3 years
- Children under 21 can accompany on IR-2/CR-2
Documents You Will Need
- Marriage certificate (with certified translation if needed)
- Proof of U.S. citizenship or permanent residence
- Evidence of bona fide marriage (photos, joint accounts, lease)
- Passport-style photos
- Birth certificates for both spouses
- Divorce decrees or death certificates for prior marriages
- Affidavit of Support (Form I-864)
- Tax returns and employment verification
Common Questions
Spouse Visa FAQs
What is the difference between CR-1 and IR-1 visas?
The difference is based on how long you have been married. If married less than 2 years when your spouse is admitted to the U.S., they receive a CR-1 (conditional) green card valid for 2 years. If married 2+ years, they receive an IR-1 with a 10-year green card. Both allow immediate work and travel.
How long does the spouse visa process take?
For immediate relatives of U.S. citizens, processing typically takes 12-18 months total. USCIS processes the I-130 in 6-12 months, followed by NVC and embassy processing. Adjustment of status within the U.S. can sometimes be faster.
What is the I-130 petition?
Form I-130, Petition for Alien Relative, is filed by the U.S. citizen or permanent resident to establish that a qualifying family relationship exists. For spouse cases, it proves you are legally married.
Can my spouse work while waiting for the green card?
If adjusting status in the U.S., your spouse can apply for an Employment Authorization Document (EAD) while the case is pending. For consular processing, work authorization begins when they enter the U.S. with their immigrant visa.
What happens after we receive the conditional green card?
Within the 90 days before your spouse's conditional green card expires, you must jointly file Form I-751 to remove the conditions. This shows your marriage remains bona fide. Failure to file can result in loss of status.
Do I need to meet income requirements?
Yes, the petitioner must meet minimum income requirements (125% of federal poverty guidelines) or use a joint sponsor. We help you prepare the Affidavit of Support and gather financial documentation.
Can permanent residents petition for a spouse?
Yes, but the process is longer. Spouses of permanent residents fall under the F2A preference category, which may have wait times depending on demand. U.S. citizens have no wait for immediate relatives.
Ready to bring your spouse home?
Let's discuss your marriage-based immigration case and create a clear path to reuniting your family.