IR1 & CR1 Visa 2026: Application Help From US Immigration Lawyers

There are two main marriage-based immigrant visa categories for spouses of U.S. citizens: the CR-1 (Conditional Resident) visa and the IR-1 (Immediate Relative) visa.

The category you receive depends on how long you have been married when you enter the United States as a permanent resident.

• CR-1 Visa: Issued when you have been married for less than two years at the time of admission to the United States. You receive conditional permanent resident status for two years and must apply to remove the conditions using Form I-751.
• IR-1 Visa: Issued when you have been married for at least two years at the time of admission. You receive permanent resident status without the two-year marriage condition, generally with a 10-year Green Card.

Both categories allow the foreign spouse to live and work permanently in the United States.

To qualify for an IR-1 or CR-1 marriage-based Green Card, the applicant and their U.S. citizen spouse must generally meet the following requirements:

• Legal marriage: The couple must be legally married, with a valid marriage certificate. Unmarried partners do not qualify.
• Genuine relationship: The marriage must be entered into in good faith, rather than solely to obtain an immigration benefit.
• U.S. citizenship: The sponsoring spouse must be a U.S. citizen to qualify for the IR-1 or CR-1 immediate relative categories.
• Financial sponsorship: The U.S. citizen spouse must generally submit Form I-864, Affidavit of Support, and meet the applicable sponsorship requirements.
• U.S. domicile: The sponsor must generally have a principal residence in the United States or demonstrate that they will establish domicile there as required.

The foreign spouse must also meet applicable immigration admissibility requirements before an immigrant visa can be issued.

The marriage-based Green Card application process generally involves the following steps for applicants outside the United States:

1. File Form I-130: The U.S. citizen spouse submits a Petition for Alien Relative to USCIS, providing evidence of the legal marriage and genuine relationship.
2. USCIS petition decision: USCIS reviews the petition and, if approved, forwards the case to the National Visa Center (NVC).
3. NVC processing: The applicant receives instructions to pay the applicable fees, complete Form DS-260 and submit the required supporting documents.
4. Financial sponsorship: The U.S. citizen spouse submits Form I-864, Affidavit of Support, with the required financial evidence.
5. Medical examination: The foreign spouse completes the required medical examination and vaccinations with an authorised panel physician.
6. Visa interview: The applicant attends an interview at the designated U.S. embassy or consulate.
7. Visa decision and entry: If approved, the applicant receives an immigrant visa and can travel to the United States to seek admission as a permanent resident.

The final Green Card category will depend on the length of the marriage when the applicant is admitted to the United States.

Step 1: File Form I-130 for Your Spouse

As mentioned above, the spouse visa application begins with the petition. The I-130 (Petition for Alien Relatives) must be completed by the U.S. citizen and submitted to the USCIS.

Usually, the petition will be processed within a few months. The USCIS will inform the petitioner of their decision. If the petition is rejected, the petitioner will be informed of the reasons for the refusal and if possible, there will be a chance to make any necessary changes before resubmitting the petition.

If the petition is approved, the next stage of the application process can begin.

Step 2: Complete NVC Processing and Form DS-260

There are no caps imposed on the number of people who can receive a CR1 or IR1 visa in a year, which means that your application for the Marriage Green Card can begin as soon as the petition is accepted.

The foreign applicant will receive a packet of documents from the National Visa Center (NVC) after the petition has been accepted. This packet contains key information, including the ID invoice number and a case number which are used to start the application process. This package will contain information and instructions regarding how the foreign spouse will need to undergo a medical evaluation and receive the required vaccinations.

The DS-260 Immigrant Visa Application form must be completed and submitted to the NVC. This form can be completed online and will ask a series of questions related to the applicant’s background and their reasons for wanting to relocate to the United States.

When the form has been completed, a confirmation page and number will be displayed. This information must be printed out and included in the portfolio of evidence that you will need to submit to the NVC.

After this online form has been completed, the visa applicant will then need to schedule and attend a visa interview at their nearest U.S. Embassy or Consulate (if abroad) or a local USCIS office if in the United States.

Step 3: Complete the IR1/CR1 Medical Exam and Required Vaccinations

Immigration law states that any foreign national applying for an immigrant visa to the United States will need to complete a medical evaluation and be required to take the necessary vaccinations before they travel to the United States.

In your NVC packet, you will receive full instructions on what you need to do. It is imperative that you receive all the necessary vaccinations and complete the medical evaluation. Immigrant visa applicants who fail to do so will have their applications rejected.

You must obtain signed documents from a licensed doctor that show you have taken the required medical examination and received the vaccinations. These documents will form part of your portfolio of evidence which will need to be submitted at the visa interview.

Step 4: Attend the Visa Interview and Prepare for US Entry

The interview is a necessary part of the Marriage Green Card application and is the final stage in the process.

The interviewer will ask you a series of questions about your personal circumstances and application. If the interviewer is satisfied, your passport along with the passport of all your accompanying family members (if you are sponsoring dependents, for example) will be stamped with the necessary visas.

If you are given permission to reside in the United States, you will also receive a package of information. You must not open this package under any circumstances. When you arrive in the United States, you need to give this package to the immigration border official who will open it up and inspect it to make sure that your visa is valid. If the package is opened before it reaches the immigration border official, you may be denied entry into the United States.

Applicants for an IR-1 or CR-1 visa must provide supporting documents to establish their identity, eligibility, marriage and financial sponsorship. These generally include:

• Valid passport and required visa photographs.
• Marriage certificate and, where applicable, evidence of previous marriages ending legally.
• Birth certificates and other required civil documents.
• Police certificates from the countries where required.
• Form DS-260 confirmation page.
• Form I-864, Affidavit of Support, and supporting financial documents.
• Medical examination and vaccination records.
• Certified translations of documents where required.

You should also prepare evidence that your marriage is genuine, such as joint bank statements, shared tenancy agreements, photographs together, travel records, correspondence and evidence of shared financial responsibilities.

The exact documents required will depend on your circumstances and the instructions issued by the National Visa Center and the relevant U.S. embassy or consulate.

The I-130 fee is $625 when filed online or $675 by paper filing, and the Department of State immigrant visa application fee for immediate-relative and family-preference cases is $325 per applicant.

The USCIS Immigrant Fee is listed at $235. Medical examinations, translations, civil-document fees and travel costs vary by country and applicant.

Always confirm the fees against the official schedules before submitting an application.

Additional expenses may include travel to the U.S. embassy or consulate and legal assistance.

Government fees can change, so applicants should check the latest USCIS and Department of State fee schedules before submitting their applications.

USCIS’s FY2026 historical data show a median processing time of 12.8 months for immediate-relative Form I-130 petitions through 30 August 2026.

This figure covers the USCIS petition stage only; it is not the total time to receive an IR1 or CR1 visa. After approval, the case must go through National Visa Center processing and an interview at the relevant U.S. embassy or consulate.

There is no guaranteed processing timeframe for every applicant. You should check the latest USCIS processing times and Department of State appointment information when planning your application.

An immigration lawyer can help identify potential application issues and ensure the required documentation is prepared correctly before submission.

Yes. You can apply for a U.S. marriage-based Green Card while living outside the United States through consular processing.

Your U.S. citizen spouse must first file Form I-130 with USCIS. Once approved, your application is transferred to the National Visa Center, where you complete the immigrant visa application and submit the required supporting documents.

You will then attend a medical examination and visa interview at the designated U.S. embassy or consulate.

If approved, you can travel to the United States using your immigrant visa and become a permanent resident upon admission.

The process allows couples living in different countries to pursue permanent residence together in the United States.

Applying for an IR-1 or CR-1 visa requires careful preparation, from demonstrating a genuine marriage to meeting financial sponsorship requirements.

At IAS, our U.S. immigration lawyers can help you:

• Assess your eligibility and identify potential application issues.
• Prepare your Form I-130 petition and supporting evidence.
• Review your financial sponsorship documents.
• Prepare for your immigrant visa interview.
• Address potential complications that could delay or jeopardise your application.

Get professional guidance from IAS to help prepare your marriage-based Green Card application and reduce the risk of avoidable mistakes.

Contact our immigration team today to discuss your application.