Spouse Visa & Marriage Green Card FAQ
Get answers to the most commonly asked questions about the CR-1/IR-1 spouse visa and marriage green card process.
General Spouse Visa Questions
What is the difference between CR-1 and IR-1 visas?
CR-1 (Conditional Resident) is for spouses married less than 2 years when the foreign spouse enters the U.S. They receive a 2-year conditional green card and must file Form I-751 to remove conditions. IR-1 (Immediate Relative) is for spouses married 2+ years at entry, who receive a full 10-year green card immediately.
How long does the spouse visa process take?
Processing times vary based on USCIS workload, the embassy location, and your specific circumstances. Schedule a consultation for a realistic assessment of your case timeline.
Can a green card holder sponsor their spouse?
Yes, but the process is longer than for U.S. citizens. Spouses of green card holders are classified as F2A preference, not immediate relatives, so there may be waiting periods due to annual visa limits. U.S. citizens have no such wait.
Do we need to be legally married?
Yes, you must have a legally valid marriage recognized by the jurisdiction where it took place. Common law marriages may qualify if legally recognized in the state. Proxy marriages are generally not accepted unless consummated.
Process & Timeline
What is the I-130 petition?
Form I-130 (Petition for Alien Relative) is the first step in the spouse visa process. The U.S. citizen or permanent resident files this form with USCIS to establish the family relationship and begin the immigration process.
What is adjustment of status vs consular processing?
Adjustment of status allows spouses already in the U.S. legally to apply for a green card without leaving. Consular processing is for spouses abroad who obtain their immigrant visa at a U.S. Embassy before entering the U.S.
Can my spouse work while the visa is pending?
For adjustment of status, your spouse can file Form I-765 concurrently with I-485 to receive work authorization (EAD). For consular processing, your spouse cannot work in the U.S. until they enter with their immigrant visa.
What if I need to travel while the application is pending?
For adjustment of status applicants in the U.S., leaving without advance parole (Form I-131) can abandon the application. File I-131 with your I-485. Consular processing applicants abroad can travel freely until their interview.
How long must we stay married for the green card?
There is no minimum duration—even newlyweds can apply. However, if married less than 2 years when the green card is approved, it will be conditional (CR-1) and you must file jointly to remove conditions after 2 years.
Evidence & Documentation
What is a bona fide marriage?
A bona fide marriage is one entered into in good faith, with genuine intent to build a life together—not solely to obtain immigration benefits. USCIS looks at shared finances, living arrangements, photos, communication, and testimony from friends and family.
What evidence proves a genuine marriage?
Strong evidence includes: joint bank accounts, joint lease or mortgage, shared car registration or insurance, joint tax returns, photos together at different times, correspondence and call logs, children in common, and affidavits from people who know you as a couple.
What if we live in different countries?
Long-distance marriages can still qualify. Focus on evidence of ongoing contact (calls, messages, visits), financial support between spouses, and future plans to live together. Be prepared to explain why you live apart.
Do we need a joint sponsor?
You need a joint sponsor if the petitioning spouse doesn't meet the income requirement (125% of federal poverty level). A joint sponsor must be a U.S. citizen or permanent resident who meets the income threshold and is willing to accept financial responsibility.
Interview & Approval
What questions are asked at the marriage interview?
Common questions include: How did you meet? When did you get married? Describe your wedding. Where do you live? What does your spouse do for work? What did you do last weekend? The officer wants to confirm you know each other intimately as spouses would.
Will we be interviewed together or separately?
Usually together, but the officer may separate you if they suspect fraud, known as a Stokes Interview. Both spouses answer the same questions separately, and answers are compared. Inconsistencies can result in denial.
What if my spouse doesn't speak English?
Your spouse can bring an interpreter to the interview. The embassy will also have interpreters available. For adjustment of status interviews in the U.S., you may bring your own interpreter or request one.
Can my spouse be denied?
Yes, spouse visas can be denied for: fraud or misrepresentation, criminal history, immigration violations, health issues, failure to meet financial requirements, or lack of evidence that the marriage is genuine.
After Approval
When can my spouse apply for citizenship?
Spouses of U.S. citizens can apply for naturalization after 3 years as a permanent resident (vs. 5 years normally), as long as they remained married to and living with the citizen spouse during that time.
What is I-751 removal of conditions?
If your green card is conditional (CR-1), you must file Form I-751 jointly with your spouse within the 90 days before your 2-year anniversary of becoming a resident. This proves your marriage wasn't entered into for immigration fraud.
What if we divorce before removing conditions?
You can file I-751 with a waiver if you divorce, prove the marriage was genuine but ended, suffered abuse, or would face extreme hardship if deported. An experienced attorney is important for waiver cases.
Can my spouse's children get green cards too?
Unmarried children under 21 can be included as derivative beneficiaries on Form I-130. If children are over 21 or married, they require separate petitions with longer waiting times.
Still Have Questions?
Every marriage green card case is unique. Schedule a free consultation with our experienced immigration attorneys.