Spousal Green Card — US Immigration Attorneys

US citizens can sponsor their foreign national spouse for an immediate relative green card (IR-1/CR-1). This is an immediate relative category — there is no annual cap and no waiting queue. The process can be done through adjustment of status (if the spouse is already in the US) or consular processing (if the spouse is outside the US).

CR1

Visa code

Permanent Residence

Duration

$535

Gov fees from

USCIS

Filed with

Visa details

Visa typeSpousal Green Card

CodeCR1

DurationPermanent Residence

Est. gov fees$535 (I-130) + $1,440 (I-485) + attorney

Filed withUSCIS / DOS

Key eligibility

Sponsor is a US citizen (permanent residents can also file, but on a longer waiting queue)

Valid legal marriage under the laws of the country where it took place

Genuine bona fide marriage (not entered into solely for immigration purposes)

Sponsor meets minimum income requirements (125% of federal poverty level)

Sponsor files Form I-130 (Petition for Alien Relative)

Applicant passes medical examination and background check

Why use an attorney for CR1?

USCIS scrutinises spousal petitions closely for marriage fraud. An immigration attorney helps you build a strong evidence package — photographs, joint assets, shared residence, communication history — and prepares you for the consular or USCIS interview.

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Frequently asked questions

What is the difference between adjustment of status and consular processing?+

Adjustment of status (AOS) is for spouses already in the US on a valid visa — they apply to change status to permanent resident without leaving the US. Consular processing is for spouses outside the US, who attend an interview at a US consulate.

How long does a spousal green card take?+

For US citizen sponsors (IR-1): adjustment of status typically takes 12–24 months from filing. Consular processing can take 12–18 months. For LPR sponsors (F-2A category): the current waiting time is approximately 2–3 years.

What is a conditional green card (CR-1)?+

If you have been married for less than 2 years when the green card is approved, you receive a conditional green card (CR-1) valid for 2 years. You must file Form I-751 within 90 days before the 2-year anniversary to receive a 10-year permanent green card.

Can I work while my green card application is pending?+

If you filed for adjustment of status, you can simultaneously apply for an Employment Authorization Document (EAD) and Advance Parole travel document. The EAD typically takes 3–7 months.

What income must the US citizen sponsor earn?+

The sponsor's income must be at least 125% of the federal poverty level for the household size. For a household of 2 in 2024, this is approximately $24,650. If insufficient, a joint sponsor can co-sponsor the petition.