ImmigrantImmediate relativeNo annual capForm I-13010-year Green Card

IR-1 Spouse of a U.S. Citizen

An immigrant visa for the foreign spouse of a U.S. citizen when the marriage is at least 2 years old on the day the visa is issued; entry brings a 10-year 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
2 years or more when the visa is issued
Visa numbers
Always available (immediate relative)
Visa fee
$325
Green Card
10-year card on admission
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pause on immigrant visa issuance to nationals of 75 countries (from Jan. 21, 2026) is, per the State Department, no longer in effect as of Aug. 21, 2026 following the court’s order in CLINIC v. Rubio.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

Spouses of U.S. citizens are immediate relatives under INA 201(b), so they never wait for a visa number. The IR-1 is the consular version for a spouse living abroad; a spouse already in the United States who was inspected and admitted or paroled may instead adjust status with Form I-485.

Whether the spouse receives IR-1 or CR-1 depends only on the length of the marriage on the day the visa is issued. Consular officers classify the spouse as conditional (CR-1) if the marriage was entered into less than two years before issuance (9 FAM 502.2-2(D)); otherwise the visa is IR-1 and the Green Card is unconditional.

USCIS reviews whether the marriage is legally valid and bona fide at the petition stage and, for adjustment cases, again at adjustment, under policy guidance issued Oct. 17, 2025 (PA-2025-23).

Who qualifies

The petitioner and spouse must

  • Petitioner is a U.S. citizen (a permanent resident’s spouse uses the F2A category instead).
  • The marriage is legally valid where it took place and recognized for U.S. immigration purposes, and is bona fide — not entered into to obtain an immigration benefit.
  • The marriage has existed for at least 2 years when the visa is issued (otherwise CR-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

StatusLawful permanent resident on admission
Green Card10-year card, renewable
NaturalizationAfter 3 years as an LPR if married to and living with the citizen spouse (USCIS Policy Manual); otherwise 5 years
Immigrant visaMust be used to enter before the expiration date printed on the visa

Fees

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

FeeAmountWho paysNotes
Form I-130 petition$675 paper / $625 onlineU.S. citizenOne petition per beneficiary.
Immigrant visa application fee$325BeneficiaryImmediate relative and family preference applications, 22 CFR 22.1 item 32(a); paid through the National Visa Center.
Affidavit of Support review$120SponsorCharged only when the I-864 is reviewed domestically (22 CFR 22.1 item 34).
USCIS Immigrant Fee$235ImmigrantPaid online after visa issuance; the Green Card is not produced until it is paid.
Panel-physician medical examVariesBeneficiaryPaid directly to the panel physician.
Form I-485 (if in the U.S.)$1,440 paper / $1,390 onlineBeneficiaryInstead 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.

The $250 Visa Integrity Fee in Public Law 119-21 applies only to nonimmigrant visas, not immigrant 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. 1
    File Form I-130
    The citizen files Form I-130 (online or paper) with Form I-130A for the spouse, choosing consular processing in Part 4.
  2. 2
    National Visa Center
    After approval, the NVC collects the $325 visa fee, Form DS-260, civil documents and the Affidavit of Support.
  3. 3
    Medical exam and interview
    The spouse completes the panel-physician exam and attends the interview at the consulate.
  4. 4
    Pay the USCIS Immigrant Fee
    Pay $235 online, ideally after receiving the visa and before travel.
  5. 5
    Enter the United States
    Admission on the immigrant visa makes the spouse a permanent resident; the Green Card arrives by mail.

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 IR-1 has no derivative beneficiaries. Each child needs a separate Form I-130 — as the citizen’s child or stepchild (IR-2/CR-2) if the marriage took place before the child turned 18.

After you arrive

IR-1 immigrants become unconditional permanent residents on admission.

Step 1
Receive the Green Card
USCIS mails it to the U.S. address given to the State Department or CBP after the Immigrant Fee is paid.
Step 2
Sponsor obligation
Under the Form I-864 instructions, the support obligation ends when the immigrant becomes a citizen, can be credited with 40 qualifying quarters of work, or ceases to be a permanent resident, or when the sponsor or the immigrant dies; divorce does not end it.
Step 3
Naturalize
File Form N-400 ($760 paper / $710 online) after 3 years if still married to and living with the citizen spouse.

Common questions

What decides IR-1 versus CR-1?

The length of the marriage on the day the immigrant visa is issued: under 2 years means CR-1 (conditional), 2 years or more means IR-1.

Is there a waiting line for spouses of citizens?

No. Spouses are immediate relatives, so a visa number is always available; the time is driven by processing, not by the Visa Bulletin.

How much income does the sponsor need?

At least 125% of the HHS poverty guidelines for the household size — $27,050 for two people in the 48 contiguous states under the guidelines effective March 1, 2026. Assets or a joint sponsor can make up a shortfall.

Does a 2026 travel ban affect spouses?

Yes, for nationals of the 39 countries in Proclamation 10998: the earlier exception for immediate-relative immigrant visas was removed for those countries as of Jan. 1, 2026, apart from narrow exceptions and case-by-case waivers.

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.