Marrying a US citizen or green card holder doesn’t grant automatic residency — the foreign spouse still has to go through a formal, multi-stage immigration process before they can live in the US permanently. That process is known informally by its visa codes, CR1 and IR1, and it regularly takes over a year even when every document is filed correctly. This guide walks through the difference between the two, the exact fees at each stage, realistic timelines, and the step most applicants forget: removing conditions after arrival.
CR1 vs IR1: the only difference is how long you’ve been married
Both CR1 and IR1 are immigrant visas for the spouse of a US citizen, and both lead to a green card. The only distinction is timing:
- CR1 (Conditional Resident) — issued when the couple has been married less than 2 years at the time the green card is approved. The resulting green card is valid for 2 years, after which the couple must jointly file to remove the conditions.
- IR1 (Immediate Relative) — issued when the couple has been married 2 years or more. The green card is valid for 10 years with no conditions to remove.
Processing time and document requirements are otherwise identical — the code you get depends purely on your marriage date relative to your approval date, not anything you can control by filing differently. Note that a US green card holder’s (not citizen’s) spouse goes through a similar but slower process, since it isn’t classified as “immediate relative” and can be subject to visa-bulletin backlogs.
The process, step by step
- File Form I-130, Petition for Alien Relative. The US citizen spouse (petitioner) files this with USCIS to establish that the marriage is legally valid. Filing fee: $675 (a modest discount typically applies for online filing). USCIS processing for spousal I-130s currently runs roughly 8–15 months, depending on the service center.
- NVC processing. Once I-130 is approved, the case moves to the National Visa Center. The petitioner pays the Affidavit of Support fee and the beneficiary completes Form DS-260 (immigrant visa application) with an associated $325 fee. See our affidavit of support glossary entry for what this document proves.
- Document collection. Civil documents (birth certificate, marriage certificate, police certificates from every country you’ve lived in for 6+ months since age 16), plus the petitioner’s proof of income or assets to meet the affidavit-of-support threshold.
- Medical exam. Completed by an embassy-approved panel physician shortly before the interview; typically $200–$500 depending on the country.
- Consular interview. Held at the beneficiary’s local US embassy or consulate. Bring all original civil documents, evidence of a bona fide marriage (joint finances, photos, communication history), and the medical exam results.
- Visa issuance and entry. Most approved applicants receive a decision within about a week of the interview. The visa is stamped in the passport along with a sealed immigrant packet to hand to Customs and Border Protection on arrival.
- Physical green card arrives — typically within about 12 months of US entry, though the holder is a lawful permanent resident from the date of entry regardless of when the physical card shows up.
Fee summary (2026)
| Item | Cost |
|---|---|
| Form I-130 (petition) | $675 |
| DS-260 / immigrant visa application fee | $325 |
| Medical exam | $200–$500 (varies by country) |
| Form I-751 (CR1 only — removing conditions) | $750 |
| Typical total, CR1 case | roughly $1,950–$2,250, before translation, courier, or travel costs |
Realistic timeline
Total time from filing the I-130 to green card in hand for a spouse of a US citizen averages around 14–15 months, though it can stretch toward 35 months for a spouse of a green card holder (rather than citizen), since that category isn’t classified as an immediate relative and can sit in visa-bulletin backlogs. Build in buffer for document collection and interview scheduling — service-center and embassy processing speed varies significantly by location and case volume.
Don’t forget the I-751: removing conditions on a CR1
If you entered on a CR1 (married less than 2 years at approval), your green card expires after 2 years unless you and your spouse jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90 days before it expires. The filing fee is $750. Missing this window can put your status in jeopardy — mark the deadline the day your CR1 is issued, not when it’s about to expire.
Common mistakes
- Assuming marriage alone confers status. Nothing changes your immigration status until the green card (or, for those already in the US on another visa, an approved adjustment of status) is actually granted.
- Inconsistent evidence of a bona fide marriage. Interviewers compare joint bank statements, lease agreements, and photos against the couple’s testimony — gaps or inconsistencies are the most common reason for a Request for Evidence or a Stokes interview (a secondary interview for suspected marriage fraud).
- Missing the I-751 window on a CR1, which can trigger termination of conditional status.
- Underestimating the affidavit-of-support income threshold, which is tied to household size and the federal poverty guidelines — a joint sponsor is required if the petitioner’s income falls short.
Frequently asked questions
Can I work in the US while the CR1/IR1 process is pending, if I’m already in the country? Only if you have a separate valid status or, in adjustment-of-status cases (marrying while already lawfully in the US), after you receive a work authorization document tied to your I-485 application — consular processing from abroad doesn’t grant interim work rights.
Is a K-1 fiancé visa faster than CR1/IR1? The K-1 route (marry within 90 days of US entry, then adjust status) sometimes moves faster to entry but ultimately still requires a green card application after the wedding — total time to permanent residency is often similar.
Does divorce during the conditional period cancel the green card? Not automatically — a waiver of the joint-filing requirement for I-751 exists for divorce, abuse, or other hardship, but it adds complexity and evidentiary burden.
Get the paperwork right the first time
A marriage-based green card case lives or dies on document consistency across dozens of forms filed over more than a year. VisaMet is building tools to screen your evidence package and catch the gaps that trigger delays before you submit. Join the VisaMet waitlist for early access.
This guide is preparation guidance, not legal advice. Marriage-based green card rules, fees and processing times are set by USCIS and the Department of State and change periodically — confirm your specific case against uscis.gov/i-130 and travel.state.gov before filing.