Chapter 06 · Topic 06.6 · Spouse / Family
CR-1 / IR-1 (spouse of U.S. citizen or LPR) visa for Canadians
Immigrant visa for a spouse already married to a U.S. citizen or LPR. I-130 → NVC + I-864 → Canadian US consulate (by province of residence) → green card on entry. CR-1 (marriage < 2 yrs, 2-yr cond.) or IR-1 (≥ 2 yrs, 10-yr).
Direct answer · 60-second summary
The 60-second version
The CR-1 / IR-1 visa is the immigration path for a spouse already married to a U.S. citizen or green card holder (LPR). Process: (1) U.S. sponsor files Form I-130, (2) USCIS approval, (3) NVC processing with DS-260 and financial forms, (4) interview at the U.S. consulate serving their Canadian province of residence, (5) U.S. entry with visa = becomes permanent resident on entry. CR-1 = marriage < 2 years (2-year green card, conditions removed via I-751). IR-1 = marriage ≥ 2 years (10-year green card). Total timeline 12–24 months (U.S. citizen sponsor) or 24–36 months (LPR sponsor). Major advantage over K-1: no in-U.S. AOS, the spouse can work upon entry.
Acronyms used in this guide
- USCIS — U.S. Citizenship and Immigration Services
- DOS — U.S. Department of State
- I-130 — Petition for Alien Relative
- I-864 — Affidavit of Support (mandatory financial sponsorship for IR/CR)
- I-485 — Application to Register Permanent Residence (Adjustment of Status)
- I-751 — Petition to Remove Conditions on Residence (CR-1 -> IR-1)
- DS-260 — Online Immigrant Visa Application
- POE — Port of Entry
- I-94 — Arrival/Departure record kept by CBP for nonimmigrants
- CR-1 — Conditional Resident spouse (marriage < 2 years)
- IR-1 — Immediate Relative spouse (marriage >= 2 years)
- IR-2 — Immediate Relative child (under 21, unmarried)
- LPR — Lawful Permanent Resident
- PR — Permanent Resident (green card holder)
- NIV — Non-Immigrant Visa
- IV — Immigrant Visa
- NVC — National Visa Center
- AOS — Adjustment of Status (in-US, no consulate)
- CP — Consular Processing (at US consulate abroad)
- SSN — Social Security Number
- SS-5 — Application for Social Security Card
- CSPA — Child Status Protection Act
- N-400 — Application for Naturalization
K-1 vs. CR-1 / IR-1: which path?
| Criterion | K-1 (fiancé) | CR-1 / IR-1 (spouse) |
|---|---|---|
| Who can sponsor? | U.S. citizen only | U.S. citizen or LPR |
| Status at filing | Engaged (not married) | Already married |
| Where to marry | In the U.S. (90 days after K-1) | Anywhere (before filing) |
| Total timeline | 12-18 months | 12-24 months (USC) / 24-36 months (LPR) |
| Green card on entry? | No — AOS required | Yes — automatic on entry |
| Work on entry? | No — EAD required | Yes — immediate |
| Total estimated cost (USCIS+DOS) | ~USD 3,000 | ~USD 2,000 |
| Travel outside U.S. during process | Risky (need Advance Parole) | OK — process is abroad |
Typical recommendation: if already married or ready to marry in Canada, CR-1/IR-1 is simpler and grants direct green card. K-1 is useful if culture/family prefers a U.S. wedding, or if the marriage decision follows the move.
Step 1 — Form I-130 (Petition for Alien Relative)
The U.S. sponsor (citizen or LPR) files Form I-130 with USCIS, with:
- Fee: USD 675 (2024 edition).
- Proof of U.S. citizenship or LPR status.
- Marriage certificate (official, translated if not in English).
- Proof of bona fide marriage: shared photos, leases/mortgage, joint bank accounts, insurance policies, joint tax returns, witness statements.
- Proof of prior divorces of both spouses (final decrees).
- Passport-style photos.
- If filing from Canada: stand-alone I-130 mailing address (verify at uscis.gov/i-130-addresses).
USCIS time: 10 to 18 months by service center. Faster for U.S. citizen sponsor than LPR.
Step 2 — National Visa Center
After I-130 approval, the file goes to NVC which assigns a case number and coordinates:
- Form DS-260: online immigrant visa application. Fee: USD 325 per beneficiary.
- Form I-864 (Affidavit of Support, mandatory): U.S. sponsor legally pledges to support the spouse for 10 years or until naturalization. Must show income ≥ 125% of federal poverty guideline for household size (~USD 25,550 for 2 people, 2026 — verify the annual Form I-864P table).
- Civil documents: birth, marriage, divorce certificates; police certificates from any country where the spouse lived ≥ 6 months after age 16 (RCMP for Canada).
- Sponsor financial documents: IRS tax transcripts (3 years), W-2s, employer letter, bank statements.
- When NVC marks the file "Documentarily Qualified," the consulate for their province schedules the interview.
Step 3 — Consular interview at your Canadian US consulate
Canada has 6 US consular posts — Canadians apply to the one serving their province of residence, not necessarily Montréal: Montréal (QC/NU), Toronto (ON), Vancouver (BC/YT), Calgary (AB/SK/MB/NT), Halifax (NB/NS/PE/NL), Québec City (parts of QC). Confirm your jurisdiction and book appointments at ca.usembassy.gov.
- Medical exam by panel physician (Canadian panel listed at ca.usembassy.gov). Cost ~CAD 350-700.
- Interview documents: Canadian passport (6-month validity past entry), DS-260 confirmation, original certificates, photos, NVC eligibility letter.
- Typical questions: marriage narrative, shared life, finances, U.S. plans.
- Decision same day: visa stamp in passport, valid 6 months for single entry. You must enter the U.S. before visa expiration.
- Immigrant fee: USD 235, payable to USCIS online before entry (covers physical green card production).
Step 4 — U.S. entry and green card
- POE entry with passport + CR-1/IR-1 visa + sealed packet from the consulate (DO NOT open).
- CBP scans the file, fingerprints, grants LPR status. Passport stamped "Temporary I-551" serving as green card for ~12 months.
- SSN automatic via DS-260 if box checked. Otherwise file Form SS-5 with SSA after arrival.
- Physical green card arrives by USPS within 2-4 months.
- If CR-1, card valid 2 years: file Form I-751 within 90 days before expiration to remove conditions. With proof of ongoing marriage.
- If IR-1, 10-year card, renewable.
Naturalization after CR-1 / IR-1
- 3-3-3 rule: 3 years LPR + 3 years married to the same U.S. citizen + 3 years of cohabitation = eligible for Form N-400.
- You may file N-400 90 days before the 3-year LPR mark.
- If divorce before naturalization: rule reverts to 5 years LPR (see naturalization article).
- If LPR sponsor (not citizen): 5-year LPR rule.
Children: IR-2, IR-3, IR-4
- IR-2 = unmarried child of U.S. citizen, < 21. Direct green card.
- IR-3 = child adopted abroad by U.S. citizen.
- IR-4 = child to be adopted by U.S. citizen (adoption finalized in U.S.).
- For LPR sponsor: unmarried child < 21 = F2A category (longer queue, see DOS Visa Bulletin).
- CSPA (Child Status Protection Act): protects a child who turns 21 mid-process under specific conditions.
Common pitfalls
- I-864 underearning sponsor: if sponsor doesn't hit 125% poverty line, need a joint sponsor or to use assets (savings ≥ 3× shortfall for USC, ≥ 5× for LPR).
- Recent marriage + missed conditions removal: if I-751 isn't filed in time (90 days before CR-1 expiration), loss of LPR status.
- Travel outside U.S. without Re-entry Permit > 1 year: presumed abandonment of LPR status.
- Consular refusal for fraud: weak marriage proof can lead to a long, costly I-601 waiver.
- LPR sponsor naturalizes mid-process: convert from F2A to IR (faster). Notify NVC.
Official forms (always use the latest edition)
Reader responsibility
Always download the latest edition of the form from the official site cited below. An expired edition can be rejected by USCIS, DOS or IRS. CanadaFlorida is not a substitute for a licensed attorney.
Every figure, rate, threshold, and deadline in this guide is drawn from a verifiable primary source listed at the bottom of the page. The article is updated whenever the underlying rules change, with a fresh review date stamped at the top.
Sources and references
Public sources verified as of the last review date.
- USCIS — Bringing Spouses to Live in the United States. uscis.gov/spouse
- USCIS — Form I-130 instructions. uscis.gov/i-130
- USCIS — Affidavit of Support (I-864) instructions. uscis.gov/i-864
- USCIS Policy Manual, Volume 12 (Citizenship & Naturalization). uscis.gov/policy/citizenship
- INA §201(b)(2)(A)(i) — Immediate Relatives. cornell.edu/§1151
- Department of State — Visa Bulletin (priority dates). travel.state.gov/visa-bulletin
Disclaimer
This guide is for educational purpose only. Figures, rates, thresholds, timelines and rules are drawn from public sources at the date shown and may change.
For any concrete decision, consult a licensed US immigration attorney and a cross-border tax attorney.