US Spouse Visa (IR-1/CR-1): Complete 2026 Guide for Married Couples

··Alejandro Daniel Jose·Application Process·10 min read
Smiling married couple embracing while holding up a United States passport together

If you are a US citizen married to a foreign national, you can petition for them to become a permanent resident (green card holder) through the US spouse visa program. There are two types: IR-1 (Immediate Relative visa, for couples married 2+ years) and CR-1 (Conditional Resident visa, for couples married less than 2 years). Both lead to permanent residency.

This guide explains every step — from filing the I-130 petition to getting the green card — whether your spouse is abroad (consular processing) or already in the US (adjustment of status). Updated for 2026.

Last updated: July 23, 2026.

IR-1 vs. CR-1: What’s the Difference?

The distinction between IR-1 and CR-1 is based entirely on how long you’ve been married when your spouse receives their immigrant visa or green card:

  • IR-1 (Immediate Relative): Married 2+ years at the time of visa/green card issuance. Spouse enters as a full lawful permanent resident and receives a 10-year green card.
  • CR-1 (Conditional Resident): Married less than 2 years at the time of visa/green card issuance. Spouse receives a 2-year conditional green card. Must file Form I-751 (Petition to Remove Conditions) jointly 90 days before the 2-year card expires.

The application process is identical. The distinction only matters for the type of card received. Many couples who start as CR-1 reach IR-1 status by the time processing completes if the process takes 18-24 months and they’ve been married that long.

Who Can File for a Spouse Visa?

Only US citizens can petition for an immediate relative spouse visa (IR-1/CR-1) with no wait list. Green card holders (permanent residents) can also petition for their spouse, but they go through the F2A preference category, which has annual caps and longer wait times (currently 2-3 years).

Requirements for the US citizen petitioner:

  • Must be a US citizen by birth, naturalization, or acquisition
  • Must be legally married to the beneficiary (a genuine, legal marriage recognized by the country where it took place)
  • Must meet the financial sponsorship threshold (125% of federal poverty guidelines for the household size)
  • Must be at least 18 years old (for the Affidavit of Support)

Two Paths: Consular Processing vs. Adjustment of Status

Path 1: Consular Processing (Spouse Is Outside the US)

If your spouse is outside the United States, you use consular processing. The petition goes through USCIS, then the National Visa Center (NVC), then the US embassy in your spouse’s country. Your spouse enters the US as an immigrant — immediately becoming a permanent resident on arrival.

Path 2: Adjustment of Status (Spouse Is Already in the US)

If your spouse is already in the United States with a valid visa (or in some limited circumstances, even without status), they can file for Adjustment of Status (Form I-485) without leaving. This is simpler than consular processing and allows your spouse to remain in the US throughout the process.

Note: Not everyone can adjust status inside the US.

Those who entered without inspection (crossed the border without authorization) generally cannot adjust status and must go through consular processing — which may trigger 3-year or 10-year bars to reentry. Consult an attorney in these situations.

Consular Processing: Step by Step

Step 1: File Form I-130 (Petition for Alien Relative)

The US citizen spouse (petitioner) files Form I-130 with USCIS. This petition establishes the legal basis for your marriage and your relationship.

Required supporting documents:

USCIS processing time for I-130 (spousal): currently 8-15 months depending on the service center.

Step 2: National Visa Center (NVC) Processing

After USCIS approves the I-130, the case transfers to the National Visa Center (NVC). NVC acts as the intermediary between USCIS and the US embassy. During NVC stage:

  • NVC assigns a case number and contacts you with instructions
  • Petitioner pays immigrant visa fee: $325 (for beneficiary)
  • Petitioner submits Affidavit of Support (Form I-864) with supporting financial documents
  • Beneficiary completes DS-260 (Immigrant Visa Application) online
  • Both submit civil documents: birth certificates, marriage certificate, police certificates, divorce certificates (if applicable)

NVC processing: 2-4 months once all documents are submitted. NVC will notify you when the case is “documentarily complete” and ready for interview scheduling.

Step 3: Medical Examination

Before the consular interview, your spouse must complete a medical examination with a physician approved by the US embassy in their country. The exam covers:

  • Required vaccinations (any missing vaccines must be administered)
  • Tuberculosis (TB) screening
  • Syphilis and gonorrhea testing
  • Physical and mental health review
  • Drug/substance assessment

Results are given in a sealed envelope to bring to the interview. Cost: $100-$500 depending on the country.

Step 4: Consular Interview

Your spouse attends an interview at the US embassy or consulate. The consular officer reviews documents, verifies the marriage is genuine, and assesses admissibility. Common questions:

  • How did you meet your spouse?
  • Describe your wedding day.
  • Where does your spouse work?
  • Have you visited the US before?
  • Where will you live when you arrive?
  • Do you have children together?
  • Has your spouse ever been married before?

You (the US citizen) do not attend the consular interview. Prepare your spouse thoroughly. Have matching, consistent answers to relationship questions. Bring originals of every document submitted to NVC.

Step 5: Visa Issued and Entry to the US

If approved, your spouse receives an immigrant visa packet in their passport. When they enter the US, CBP stamps their passport and they become a lawful permanent resident on arrival. Their green card will arrive by mail within 2-3 weeks.

Your spouse should keep the passport stamp as proof of their status until the physical green card arrives. They can work immediately upon entry.

Adjustment of Status (Inside the US): Step by Step

Step 1: File I-130 and I-485 Simultaneously

For immediate relatives of US citizens, you can file I-130 and I-485 at the same time (concurrent filing). This saves months of waiting. Along with these, also file:

  • Form I-131 (Application for Travel Document / Advance Parole)
  • Form I-765 (Application for Employment Authorization)
  • Form I-864 (Affidavit of Support)
  • Form I-693 (Medical Examination — must be by a USCIS-designated civil surgeon)

Filing all forms together is standard practice. Once filed, your spouse can remain in the US legally while the application is pending, even if their visa expires.

Step 2: Biometrics Appointment

USCIS schedules a biometrics appointment at an Application Support Center. Your spouse provides fingerprints, photo, and signature. USCIS uses these for background checks. Appointment usually scheduled 2-3 months after filing.

Step 3: Work Authorization and Travel Approval

USCIS typically issues the Employment Authorization Document (EAD) and Advance Parole within 3-5 months of filing. With EAD, your spouse can legally work for any employer. With Advance Parole, they can travel outside the US and re-enter while the I-485 is pending. Do not travel without Advance Parole — leaving the US while I-485 is pending without AP generally abandons the application.

Step 4: USCIS Interview

Most spousal adjustment of status cases require an interview at a local USCIS field office. Both spouses must attend. The officer will verify the marriage is genuine by asking both of you questions — sometimes together, sometimes separately. Bring:

  • USCIS interview notice
  • Passports
  • Marriage certificate
  • Evidence of shared life together: joint bank accounts, joint lease or mortgage, utility bills in both names, photos together, joint insurance, shared finances
  • Birth certificates of any children you share
  • Original medical exam results if not previously submitted

Step 5: Decision

After the interview, the officer may approve the case on the spot, issue a Request for Evidence (RFE) for additional documentation, or deny the case. Most straightforward cases are approved at or shortly after the interview. Your spouse receives the green card in the mail 2-3 weeks after approval.

Required Documents for Spousal Visa / I-130

  • Form I-130 + I-130A (completed, signed)
  • Proof of US citizenship (passport, birth certificate + ID, or Certificate of Naturalization)
  • Certified marriage certificate
  • Evidence of genuine marriage (see next section)
  • Proof prior marriages terminated (divorce decrees, death certificates)
  • Passport-style photos of both spouses
  • I-864 Affidavit of Support with supporting financials (tax returns, W-2s, pay stubs, employer letter)

Evidence of Genuine Marriage

This is the most important documentation category. USCIS wants to see that your marriage is real, not just a paper marriage for immigration purposes. Strong evidence includes:

  • Joint bank account statements
  • Joint lease agreement or mortgage
  • Joint car insurance or health insurance
  • Utility bills in both names at the same address
  • Photos of you together across time and events (include family, friends)
  • Evidence of shared travel: boarding passes, hotel records
  • Birth certificates of children you share
  • Correspondence — emails, messages, cards (select meaningful ones)
  • Affidavits from friends and family who know you as a married couple

The more diverse and specific the evidence, the stronger your case. USCIS looks for evidence that shows you’ve been living as a genuine married couple, not just that a wedding ceremony occurred.

Spouse Visa Costs

Consular Processing (Spouse Outside the US)

  • Form I-130 filing fee: $675
  • Immigrant visa application fee (NVC): $325
  • Affidavit of Support review fee: $120
  • Medical examination: $100-$500 (varies by country)
  • Total government fees: approximately $1,120-$1,500

Adjustment of Status (Spouse Inside the US)

  • Form I-130 filing fee: $675
  • Form I-485 filing fee: $1,440 (includes biometrics for ages 14-78)
  • Form I-131 and I-765: included when filed with I-485
  • Medical examination (civil surgeon): $200-$500
  • Total government fees: approximately $2,115-$2,600

Attorney fees, if used, typically add $1,500-$4,000. USCIS fees were updated in April 2024 — always confirm current amounts at uscis.gov/fees.

Spouse Visa Processing Times in 2026

  • I-130 USCIS approval: 8-15 months
  • NVC processing: 2-4 months
  • Embassy interview scheduling: 1-6 months (varies by country)
  • Total consular processing time: 18-24 months
  • I-485 Adjustment of Status (inside US): 12-20 months total from filing to green card

Processing times fluctuate. Check current USCIS processing times at egov.uscis.gov/processing-times/ for your specific form and service center.

Removing Conditions from a CR-1 / Conditional Green Card

If your marriage was less than 2 years old when your spouse received the green card, they get a conditional green card (CR-1) valid for 2 years. To get permanent residence, you must file Form I-751 (Petition to Remove Conditions on Residence) jointly, during the 90-day window before the 2-year card expires.

Required with I-751:

  • Continued evidence that the marriage is genuine and ongoing
  • Joint financial documents, leases, insurance
  • New photos, correspondence
  • Filing fee: $750

If the marriage has ended in divorce or separation, the conditional green card holder can still apply for I-751 but must file individually with a hardship waiver or abuse-based waiver, explaining why the conditions should be removed despite the marriage ending.

The spouse visa process is lengthy but well-defined. The key is starting early, submitting complete documentation, and building a strong record of your genuine marriage. Even if the process takes 18-24 months, you’ll have a permanent resident spouse at the end — someone who can live and work in the US without any further visa hurdles.

For related guides: K-1 Fiancé Visa guide, How to Get a Green Card, and US Citizenship & Naturalization guide.

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