ImmigrantImmediate relativeConditional residenceForm I-130Form I-751

CR-1 Conditional Spouse of a U.S. Citizen

An immigrant visa for the foreign spouse of a U.S. citizen when the marriage is less than 2 years old at visa issuance; it leads to a 2-year conditional Green Card.

Last reviewed Oct 1, 2026Sources: USCIS · Department of StateReport an error

At a glance

Who files: U.S. citizen spouse, Form I-130
Marriage length: Under 2 years when the visa is issued
Green Card: Conditional, valid 2 years
Remove conditions: Form I-751 in the last 90 days
I-751 fee: $750 paper / $700 online
Visa fee: $325

Entry restrictions for 39 nationalities. Under Proclamation 10998 (effective Jan. 1, 2026), immigrant entry is suspended for nationals of all 39 listed countries and for Palestinian Authority travel-document holders, and family members of people in the United States are no longer a categorical exception. Remaining exceptions include dual nationals travelling on a non-listed country’s passport and case-by-case national-interest exceptions; the proclamation applies to people outside the United States without a valid visa on the effective date. A separate State Department pause on immigrant visa issuance to nationals of 75 countries (from Jan. 21, 2026) is, per the State Department, no longer in effect as of Aug. 21, 2026 following the court’s order in CLINIC v. Rubio.

Overview

The CR-1 is the immigrant visa for a citizen’s spouse whose marriage is less than two years old on the day the visa is issued. INA 216, added by the Immigration Marriage Fraud Amendments of 1986, makes residence based on a recent marriage conditional (9 FAM 502.2-2(D)).

Apart from the conditional status, the process is identical to the IR-1: the same I-130, the same National Visa Center steps and fees, and no wait for a visa number because spouses of citizens are immediate relatives.

The conditional Green Card expires after 2 years. To keep permanent residence, the couple must file Form I-751 jointly in the 90 days before it expires, or the immigrant must file alone with a waiver (USCIS).

Who qualifies

The petitioner and spouse must

Petitioner is a U.S. citizen.
The marriage is legally valid, recognized for immigration purposes and bona fide.
The marriage is less than 2 years old when the visa is issued (otherwise IR-1).
The spouse is admissible, or eligible for a waiver.

Financial sponsorship

The petitioner must sign Form I-864 and show income of at least 125% of the HHS poverty guidelines — for a household of two in the 48 contiguous states, $27,050 under the guidelines effective March 1, 2026 (100%, or $21,640, for active-duty military petitioning for a spouse or child). A joint sponsor may be used if the petitioner’s income is insufficient. The affidavit is a legally enforceable contract.

Duration & extensions

Conditional residence	2 years from admission
I-751 filing window	The 90 days before the card expires (joint filing)
While I-751 is pending	The receipt notice extends the card for 48 months past its expiration date (USCIS)
After approval	10-year Green Card
Naturalization	After 3 years as an LPR if married to and living with the citizen spouse

Fees

USCIS fees from the 10/01/26 fee schedule; State Department fees from 22 CFR 22.1.

Fee	Amount	Who pays	Notes
Form I-130 petition	$675 paper / $625 online	U.S. citizen	One petition per beneficiary.
Immigrant visa application fee	$325	Beneficiary	Immediate relative and family preference applications, 22 CFR 22.1 item 32(a); paid through the National Visa Center.
Affidavit of Support review	$120	Sponsor	Charged only when the I-864 is reviewed domestically (22 CFR 22.1 item 34).
USCIS Immigrant Fee	$235	Immigrant	Paid online after visa issuance; the Green Card is not produced until it is paid.
Panel-physician medical exam	Varies	Beneficiary	Paid directly to the panel physician.
Form I-485 (if in the U.S.)	$1,440 paper / $1,390 online	Beneficiary	Instead of the visa and Immigrant Fee; $950/$900 for a child under 14 filing with a parent. Only the 09/18/26 edition is accepted for filings on or after Sept. 18, 2026.
Form I-751 (removal of conditions)	$750 paper / $700 online	Immigrant	$0 for a waiver based on battery or extreme cruelty.

The $250 Visa Integrity Fee in Public Law 119-21 applies only to nonimmigrant visas.

Processing time

Visa number wait: None; An immigrant visa is always available for immediate relatives.

I-130 times vary by office and are published at egov.uscis.gov/processing-times. National Visa Center and consular interview scheduling times are separate and vary by post.

Application steps

1
File Form I-130
The citizen files Form I-130 with Form I-130A, selecting consular processing.
2
National Visa Center
Pay the $325 visa fee and submit DS-260, civil documents and Form I-864.
3
Interview and visa
After the medical exam and interview, the consulate issues a CR-1 if the marriage is under 2 years old.
4
Enter as a conditional resident
Pay the $235 Immigrant Fee; the 2-year Green Card is mailed after admission.
5
File Form I-751
File jointly in the 90 days before the card expires, with evidence the marriage continued; USCIS may interview.
6
Receive the 10-year card
Approval removes the conditions.

Required documents

From the U.S. citizen

Proof of citizenship (birth certificate, naturalization certificate, CRBA or passport).
Marriage certificate and proof prior marriages ended.
Evidence the marriage is bona fide (joint finances, residence, children, communication).
Form I-864 with tax returns or transcripts and proof of income.

From the spouse

Passport, birth certificate and police certificates.
Form DS-260 confirmation.
Panel physician’s medical report.

Dependents & family

The CR-1 has no derivatives. The spouse’s children need their own Form I-130; stepchildren whose relationship is based on a marriage under 2 years old receive CR-2 visas and also remove conditions with Form I-751.

After you arrive

CR-1 immigrants are permanent residents from admission, but their status ends automatically if conditions are not removed on time.

Step 1

Joint I-751

Filed by both spouses in the 90-day window; a late filing needs a written explanation of good cause.

Step 2

Waiver filing

Filed alone, before or after the 90-day window and up until a final removal order, if the spouse died, the good-faith marriage ended in divorce or annulment, there was battery or extreme cruelty, or removal would cause extreme hardship (USCIS).

Step 3

Missed deadline

Status terminates automatically and USCIS issues a Notice to Appear.

Children who became conditional residents at the same time as the parent, or within 90 days, can be included on the parent’s I-751 (USCIS).

IR-1

Spouse married 2+ years

Same process with an unconditional 10-year card.

K-1 / K-2

Fiancé(e) of a U.S. citizen

Marry in the U.S. and adjust status instead.

K-3 / K-4

Spouse (nonimmigrant)

Rarely issued alternative while the I-130 is pending.

IR-2 / CR-2

Child or stepchild of a U.S. citizen

CR-2 for stepchildren through a recent marriage.

F2A

Spouse of a permanent resident

If the petitioner is not yet a citizen.

Common questions

When exactly do I file Form I-751?

In the 90 days immediately before the 2-year card expires, if filing jointly. Filing earlier may be rejected; a waiver filing can be made before or after that window, up until a final removal order.

What if we divorce before removing conditions?

The immigrant can file Form I-751 alone with a waiver request, showing the marriage was entered in good faith.

Can I travel and work while the I-751 is pending?

Yes. The I-751 receipt notice, with the expired card, serves as evidence of status for 48 months past the card’s expiration date.

Can we avoid conditional status?

Only by having the visa issued after the second wedding anniversary; the classification depends on marriage length at issuance.

Official sources

Recent changes

Aug 31, 2026
New Form I-864 edition (08/24/26) required from Oct. 1, 2026. USCIS published a new edition of the Affidavit of Support with a credit-report privacy release. After a 30-day grace period, USCIS accepts only the 08/24/26 edition for filings postmarked or submitted on or after Oct. 1, 2026. Source ↗
Aug 24, 2026
Court enjoins USCIS adjudication holds for nationals of 39 countries. In Red Eagle Law v. Edlow (N.D. Cal.), the court enjoined PM-602-0192 and PM-602-0194 and certified a class; USCIS says it will adjudicate covered applications in the normal course while litigation continues. Source ↗
Aug 21, 2026
75-country immigrant visa issuance pause no longer in effect. The State Department paused immigrant visa issuance to nationals of 75 countries from Jan. 21, 2026, citing public-charge review. Following the court’s order in CLINIC v. Rubio, the State Department says the pause is no longer in effect as of Aug. 21, 2026. Source ↗
Jul 20, 2026
DHS rescinds the 2022 public charge rule (effective Sept. 18, 2026). Final rule restoring broader officer discretion in public charge determinations. It applies to applications for admission made, and adjustment applications postmarked or submitted, on or after Sept. 18, 2026. Source ↗
Jun 5, 2026
Court vacates USCIS hold policies on pending applications. In Dorcas International Institute of Rhode Island v. USCIS (D.R.I.), the court vacated PM-602-0192, PM-602-0194 and PA-2025-26 (final judgment June 11, 2026). USCIS says it will follow the order pending possible further review. Source ↗
Dec 16, 2025
Proclamation 10998 expands entry restrictions to 39 countries (effective Jan. 1, 2026). Suspends immigrant entry for nationals of every listed country and removes the broad family-based immigrant visa exception that Proclamation 10949 had contained; remaining exceptions are narrow, plus case-by-case national-interest exceptions. Source ↗
Oct 17, 2025
Policy alert PA-2025-23 on spousal petitions. USCIS Policy Manual guidance on which marriages are recognized (including proxy and virtual marriages) and on reviewing marriage bona fides at both the petition and adjustment stages; effective immediately for pending and new petitions. Source ↗
Aug 1, 2025
USCIS family-based petition guidance. Policy Manual update on screening, interviews and decisions for family-based petitions; clarifies that USCIS may issue a Notice to Appear if a beneficiary is otherwise removable, because an I-130 grants no status. Source ↗
Jun 4, 2025
Proclamation 10949 restricts entry from 19 countries (effective June 9, 2025). Originally exempted immediate-relative immigrant visas (IR-1/CR-1, IR-2/CR-2, IR-5) with clear and convincing evidence of the relationship, and adoption visas (IR-3, IR-4, IH-3, IH-4). Those exceptions were superseded by Proclamation 10998. Source ↗
Apr 1, 2024
USCIS fee rule takes effect. The fee schedule final rule (89 FR 6194, published Jan. 31, 2024) set current family-based fees, including separate online and paper fees for Form I-130 and folding biometrics into the filing fees. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.