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IR-1 / CR-1 Spouse of U.S. Citizen

FORMS: Form I-130, Form I-485 (or DS-260)

Overview

The IR-1 (Immediate Relative) and CR-1 (Conditional Resident) categories provide green cards to spouses of U.S. citizens. CR-1 applies when the marriage is less than 2 years old at the time of green card approval — recipients receive conditional 2-year green cards requiring I-751 removal of conditions. IR-1 applies when the marriage is 2+ years old — recipients receive standard 10-year green cards. Both are 'immediate relative' categories with no annual numerical cap and current priority dates.

Eligibility Requirements

U.S. citizen spouse must petition; bona fide marriage (not entered for immigration purposes); marriage legally valid where celebrated; both spouses must be free to marry (no prior undissolved marriages); and beneficiary must be admissible to U.S. (no bars).

Application Process

Step 1: U.S. citizen petitioner files Form I-130. Step 2: If beneficiary in U.S. and entered legally, concurrent I-485 filing typical (Adjustment of Status). If beneficiary abroad, consular processing via DS-260 at U.S. embassy. Step 3: USCIS interview required for AOS; consular interview for visa cases. Step 4: Green card issued (CR-1 or IR-1).

Required Documentation

Required: marriage certificate; both birth certificates; passport biographical pages; proof of bona fide marriage (joint accounts, leases, photos, communications, affidavits from third parties); divorce decrees from prior marriages; police clearances (consular); and medical examination.

Government Filing Fees

I-130 filing fee; I-485 (if AOS); Biometrics; DS-260 visa fee (if consular); medical examination.


Processing Timeline

I-130 6–14 months; I-485 8–14 months (concurrent filing); Consular processing 12–18 months; CR-1 conditional removal (I-751) within 90 days before 2-year anniversary.

Why Choose Our Firm

We represent thousands of marriage-based green card cases including: complex bona fide marriage documentation, prior marriage termination issues, age-gap and cultural-context cases, and removal of conditions (I-751) for both joint filings and waiver-based filings (after divorce, abuse, or extreme hardship).

READY TO TAKE THE NEXT STEP?

If you're a U.S. citizen seeking to bring your spouse to the U.S., or already living together while your spouse is in valid status, contact us to determine the optimal path — Adjustment of Status or Consular Processing.

Call: 212-571-6002 | WhatsApp Available | GreenCardMaker.com