Marriage-Based
Permanent Residence
(IR1 / CR1)

At Kameli Law, we guide U.S. citizens and lawful permanent residents through every step of obtaining permanent residence for their spouses. Our process emphasizes eligibility screening, evidentiary sufficiency, and risk mitigation — ensuring accuracy, compliance, and minimized delays throughout the application journey.

Start Your Marriage Green Card Application Today

Our attorneys will assess your eligibility and build a compliant, efficient strategy for your family’s case

What Is a Marriage-Based Green Card (IR1 / CR1)?

A marriage-based green card grants lawful permanent residence to the foreign national spouse of a U.S. citizen or lawful permanent resident (LPR).

IR1 (Immediate Relative): Issued when the marriage is at least two years old at the time of approval; valid for 10 years.
CR1 (Conditional Resident): Issued when the marriage is under two years old; valid for two years and requires filing Form I-751 to remove conditions.

These categories allow spouses to live, work, and later naturalize (if eligible) as permanent residents of the United States

Eligibility Overview

To qualify for a marriage-based green card, both the U.S. petitioner and foreign spouse must meet the following requirements:

Valid marriage recognized in the jurisdiction where performed.

Bona fide marital relationship (not entered into to evade immigration laws).

Petitioner is a U.S. citizen (immediate relative) or LPR (subject to visa availability under the Visa Bulletin).

Beneficiary is admissible under INA §212 (no disqualifying health, criminal, or fraud grounds).

Financial sponsorship meets Form I-864 (INA §213A) requirements through income and/or assets.

All prior marriages are legally terminated.

Early eligibility screening helps prevent denials and long processing delays.

Adjustment of Status
vs. Consular Processing

Adjustment of Status (AOS)

For applicants lawfully present and eligible to adjust in the U.S.
Immediate relatives of U.S. citizens may file Forms I-130 and I-485 concurrently, along with I-765 (work authorization) and I-131 (advance parole)

Consular Processing (CP)

For applicants outside the U.S. or ineligible to adjust.
After I-130 approval, the case proceeds through the National Visa Center (NVC) to a U.S. consulate for visa adjudication.

Strategic Considerations

Travel needs and preservation of nonimmigrant status.
Timing of work authorization (AOS EAD/AP vs. immigrant visa issuance).
Unlawful presence and prior status violations (INA §212(a)(9)).
Medical exam timing and document readiness.

Selecting the correct pathway reduces procedural risks and delays.

Not Sure Which Path Applies to You?

We’ll help determine whether Adjustment of Status or Consular Processing best fits your case.

Step-by-Step Process
and Typical Timeline

Strategy & Intake (1–2 weeks)

Review eligibility, admissibility (INA §212), and select AOS or CP.

Gather civil, financial (I-864), and bona fide marriage evidence.

Evidence & Forms (2–6 weeks)

Filing

a. AOS: Submit I-130, I-485, I-864, I-765, I-131 (and I-693 if available).
b. CP: Submit I-130; upon approval, complete NVC fees, DS-260, civil docs, and I-864.

Scheduled ~3–8 weeks post-filing.

Biometrics

Interim Benefits (AOS)

EAD/AP issued in ~3–8+ months (varies by USCIS workload).

Conducted at a USCIS field office (AOS) or U.S. consulate (CP).

Interview

Decision

Green card (AOS) or immigrant visa (CP) issuance.

If applicable, file I-751 within 90 days before the 2-year anniversary.

Conditional Residence

Processing times vary; we monitor USCIS and NVC updates to ensure timely action.

Required Forms and Key Documents

Core Forms: I-130, I-130A, I-485 <br>or DS-260, I-864/I-864A, I-765, I-131, I-693, and I-751 (if conditional).

Supporting Evidence:

Identity: Passports, birth certificates, petitioner’s proof of citizenship or LPR status.
Marital: Marriage certificate; prior divorce or death decrees.
Entry: I-94, visas, admission/parole evidence.
Financial: IRS tax transcripts, W-2s, pay stubs, employment letters.
Relationship: Joint residence, finances, correspondence, photos.

Accurate and consistent documentation minimizes RFEs and delays.

Conditional vs. Permanent Residence (CR1 vs. IR1)

CR1 (Conditional): Marriage <2 years at approval/entry; valid for 2 years.
IR1 (Permanent): Marriage ≥2 years; valid for 10 years.

Removing Conditions (Form I-751)

File within 90 days before the 2-year expiration.
Include updated bona fide marriage evidence.
Waivers available for divorce (good faith), abuse (VAWA), or widow(er) status.

Timely, well-documented filings protect your lawful status and avoid termination.

Financial Sponsorship & Affidavit of Support (Form I-864)

Petitioners must demonstrate the ability to support their spouse at 125% of the Federal Poverty Guidelines (100% for active-duty military).

Joint sponsors or household members (Form I-864A) may assist.
Assets can offset income shortfalls (typically 3–5× the deficit).
The I-864 is a binding financial contract until citizenship, 40 quarters of work, abandonment, death, or statutory termination.

Proper income calculation and evidence prevent delays or denials.

Processing Times: What to Expect

Timelines depend on:

USCIS service center or field office workload
NVC and consular post backlogs
Completeness of filings (missing medicals or I-864 trigger RFEs)
Security and background checks

Monitoring official updates allows proactive planning. Expedite requests may be available for documented humanitarian or financial hardship cases.

Typical Government Fees & Cost Considerations

Form I-130 filing fee

Form I-485 fee (includes biometrics for most applicants)

Consular route: NVC Affidavit of Support fee + Immigrant Visa fee

Form I-751 fee (later, if conditional)

Medical exam (varies by physician/country)

Translation, courier, and travel costs

Accurate budgeting ensures a smooth process without financial interruptions.

Common Mistakes & How to Avoid Them

Inconsistent biographical data across forms
Insufficient bona fide marriage evidence
Outdated or unsigned form editions
Incorrect I-864 calculations or missing proof
Failure to disclose prior immigration violations

Mitigation Practices: Use detailed document checklists, verify data consistency, and prepare thoroughly for interviews.

Avoid Costly Delays — Get Expert Legal Guidance

Kameli Law has helped hundreds of couples secure lawful status through strategic, compliant filings.

Frequently Asked Questions (FAQ)

Can we file I-130 and I-485 together?

Yes, if the foreign spouse is in the U.S. and eligible to adjust as an immediate relative.

How long until the spouse can work?

With AOS, an EAD (Form I-765) is typically issued before the green card.

We married recently — what card is issued?

A CR1 conditional green card (2 years); later file Form I-751.

Spouse visa vs. fiancé(e) visa?

A CR1/IR1 grants immediate permanent residence; a K-1 requires later adjustment.

Divorce before I-751?

A good-faith marriage waiver may apply.

Are originals required at the interview?

Yes — bring civil document originals and updated relationship evidence.

What is the role of Form I-864?

It ensures the immigrant will not become a public charge.

When can the spouse apply for naturalization?

After 3 years of permanent residence, if still married to and living with the U.S. citizen spouse.

Ready to Begin?

Reunite with Your Spouse — Let Kameli Law Guide You

Trusted for nearly 30 years in U.S. immigration law.

Marriage-Based Permanent Residence (IR1 / CR1)