CR-1 / IR-1 (spouse of U.S. citizen or LPR) visa for Canadians

K-1 vs. CR-1 / IR-1: which path?

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:

1. Form DS-260: online immigrant visa application. Fee: USD 325 per beneficiary.
2. 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).
3. Civil documents: birth, marriage, divorce certificates; police certificates from any country where the spouse lived ≥ 6 months after age 16 (RCMP for Canada).
4. Sponsor financial documents: IRS tax transcripts (3 years), W-2s, employer letter, bank statements.
5. 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

1. POE entry with passport + CR-1/IR-1 visa + sealed packet from the consulate (DO NOT open).
2. CBP scans the file, fingerprints, grants LPR status. Passport stamped "Temporary I-551" serving as green card for ~12 months.
3. SSN automatic via DS-260 if box checked. Otherwise file Form SS-5 with SSA after arrival.
4. Physical green card arrives by USPS within 2-4 months.
5. If CR-1, card valid 2 years: file Form I-751 within 90 days before expiration to remove conditions. With proof of ongoing marriage.
6. 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)

Form I-130 : Petition for Alien Relative. Form I-864 : Affidavit of Support. Form I-864P : Poverty Guidelines (annual). Form I-751 : Remove Conditions on Residence. DS-260 : Online Immigrant Visa Application. Form I-130 : Direct Filing Addresses (incl. Canada). US Consulate Montréal : immigrant visas.