On This Page
- Overview
- Your spouse can get a CR-1 or IR-1 visa if
- What CR-1 and IR-1 mean
- Proving the marriage is real
- The interview in Ciudad Juárez
- Public charge under the September 2026 rule
- Conditional residence and the I-751
- The K-3 visa, and why it is rarely used
- How we handle a spouse visa case
- What it costs and how long it takes
- Frequently Asked Questions
Overview
- A CR-1 or IR-1 is the immigrant visa for a citizen's spouse: CR-1 if the marriage is under two years old at entry, IR-1 if older.
- A CR-1 gives a conditional two-year green card, and the couple must file Form I-751 in the 90 days before it expires; an IR-1 card is permanent.
- Mexican spouses interview at the consulate in Ciudad Juárez, and the full case from I-130 to visa takes roughly three to four years.
- The citizen spouse must prove the marriage is real and meet the I-864 income test of 125% of poverty guidelines, or 100% for active-duty military.
- Filing fee
- $675 paper / $625 online
- Typical time
- roughly 3–4 years
- Reviewed
- October 19, 2026
Your spouse can get a CR-1 or IR-1 visa if
- You are a U.S. citizen; the spouse of a permanent resident uses the F2A category instead, with the same Juárez interview and a short Visa Bulletin wait
- You are legally married, and any earlier marriage of either spouse ended by divorce, annulment or death before this one began
- You can prove the marriage is real with evidence of a shared life, not only the certificate and photographs from the wedding
- You can support your spouse at 125% of the federal poverty guidelines (100% for active-duty military) on the I-864, or you have a joint sponsor who can
- Your spouse has no ground of inadmissibility, or the ground can be waived: unlawful presence over 180 days needs an I-601A before the trip to Juárez
- Your spouse is outside the United States, or is inside after an entry without inspection; a spouse who entered lawfully usually adjusts status instead
The most common trap on the border is a spouse who entered on a Border Crossing Card or a visitor visa to live with the petitioner. The entry itself is lawful, so adjustment of status may be possible, but using a visitor document with the intent to stay can be treated as misrepresentation. How and when the spouse entered decides which page of this site applies, and we review that before anything is filed.
Sound like your situation? Request a consultation or call 888-305-0261.
What CR-1 and IR-1 mean
Both are immigrant visas for the spouse of a U.S. citizen, issued at the consulate and converted into a green card at the port of entry. The letters describe only the age of the marriage. Under two years on the day the spouse is admitted means a CR-1, conditional resident, with a two-year card; two years or more means an IR-1 with a ten-year card.
The date that counts is the entry, not the filing. Because an immediate-relative consular case currently takes about three to four years from petition to visa, most couples who file within the first year of marriage are past the two-year mark by the time the spouse crosses at the Paso del Norte bridge, and they receive an IR-1 even though they expected a CR-1. The consulate makes the classification at issuance, and Customs and Border Protection applies it at admission.
Proving the marriage is real
USCIS decides the I-130 on the relationship, and the consular officer in Juárez looks at it again. Evidence of a bona fide marriage is evidence of a shared life: a joint lease, deed or mortgage, joint bank accounts, tax returns filed as married, health or car insurance naming each other, children's birth certificates, photographs across years and with both families, travel records, and declarations from relatives and friends who know the couple.
Cross-border marriages need a different file. Many of our clients live apart during the case, the citizen in El Paso or Las Cruces and the spouse in Juárez. For them the evidence is the pattern of the relationship: the citizen's crossing records, which can be requested from Customs and Border Protection, transfers and remittances, messages and calls, rent paid on a home in Juárez, and visits by the children. The consular officer expects a couple who could not live together to show how they kept the marriage going anyway.
The interview in Ciudad Juárez
After USCIS approves the I-130, the National Visa Center collects the DS-260, the I-864 and the civil documents, and when the file is complete it schedules the interview at the U.S. Consulate General on Paseo de la Victoria. The consulate asks applicants to plan on at least three business days: biometrics at the Applicant Service Center next door, the medical exam at an authorized clinic at least three days before the interview, and two appearances at the consulate on separate days. The passport with the visa comes back by courier about a week later. Our Juárez office is in the same city and our El Paso office is across the bridge, so the lawyer who prepared the case meets the spouse the day before.
The petitioner is not required to attend. If the officer wants more documents, the case is refused under section 221(g) and the visa is issued once they arrive; our Juárez staff deliver them. If the officer finds a ground of inadmissibility, the spouse stays in Mexico until a waiver is approved, which is why the pre-filing review of entries, border encounters and arrests matters so much.
Public charge under the September 2026 rule
Every spouse must satisfy the public-charge ground of inadmissibility. The I-864 is still the core of it: the petitioner, or a joint sponsor, shows income at 125% of the federal poverty guidelines, or 100% for a petitioner on active duty. Since September 18, 2026 a new DHS rule governs the test, and the State Department paused immigrant-visa interviews in late August 2026 to train consular officers on it. Officers now weigh the totality of circumstances and may consider non-cash benefits. For most spouses of working petitioners the result is the same, but the file should document the spouse's age, health, education and skills with more care than a year ago.
Conditional residence and the I-751
A spouse admitted on a CR-1 is a full permanent resident with a two-year card. In the 90 days before it expires the couple files Form I-751 together, with updated evidence that the marriage is still real. The fee is $750 on paper or $700 online, and USCIS was completing 80% of these petitions within 35 months on our review date; the receipt extends residence while it is pending. If the marriage has ended, or the citizen spouse has been abusive, the resident files alone with a waiver of the joint-filing requirement. We calendar the I-751 window the day a CR-1 spouse enters.
The K-3 visa, and why it is rarely used
The K-3 was created to let a spouse wait in the United States while the I-130 was pending: the citizen files an I-129F, at no fee when it is based on a pending I-130, and the spouse enters on a nonimmigrant visa and adjusts status later. In practice USCIS approves the I-130 before or together with the I-129F, the K-3 is closed, and the case continues as a CR-1 or IR-1. We have not seen it shorten a Mexican spouse's wait.
How we handle a spouse visa case
History review for both spouses
We confirm the marriage is valid, that prior marriages ended, and that the spouse's entries, time in the United States, border encounters and any arrests do not require a waiver, or we plan the waiver into the case from day one.
I-130 with the bona fide marriage file
We file the petition online with the relationship evidence organized to answer the questions USCIS and the consulate ask, including cross-border evidence for couples living apart.
National Visa Center
We pay the immigrant-visa and affidavit-of-support fees, prepare the I-864 and any joint sponsor, file the DS-260, and upload the civil documents so the case is documentarily complete without a second round.
Waiver, if needed
A spouse with more than 180 days of unlawful presence files the I-601A from inside the United States; the interview is scheduled only after it is approved.
Juárez interview preparation
We schedule the biometrics appointment and the medical exam, review the interview questions with the spouse at our Juárez office, and stay available for any 221(g) request.
Entry and the I-751 calendar
After the visa is issued we confirm payment of the USCIS immigrant fee, the entry, and the arrival of the green card, and calendar the I-751 if the residence is conditional.
What it costs and how long it takes
Government fees and processing times as published on October 19, 2026. We re-check them every quarter.
| Form I-130 petition | $675 paper / $625 online |
|---|---|
| Immigrant visa application (DS-260)Paid to the National Visa Center | $325 |
| Affidavit of support review (I-864)Paid to the National Visa Center | $120 |
| Medical exam in Ciudad JuárezPanel-clinic price; vaccines billed separately | US$323 + 16% tax (age 15+) |
| USCIS immigrant feePaid after the visa is issued, before entry | $235 |
| Form I-751 removal of conditions (CR-1 only, two years later) | $750 paper / $700 online |
| Attorney fee | Discussed at the consultation |
USCIS and State Department fees shown are those in effect on the review date.
| I-130 approval (spouse of a U.S. citizen)USCIS completes 80% within 25.5 months at service centers | up to about 25.5 months |
|---|---|
| National Visa Center case creation and document review | 3–4 months |
| Interview scheduling in Ciudad JuárezThe consulate publishes no figure; add about 28 months if an I-601A is needed | 12 months or more |
| Interview to visa issuance and entry | 1–3 weeks |
| I-751 filing window (CR-1 only) | 90 days before the two-year card expires |
| Total, petition to green card | roughly 3–4 years |
Ranges reflect posted USCIS and NVC processing times on the review date; individual cases vary.
Government fees are set by USCIS and the Department of State and change without notice; the figures here are the published amounts on the review date. Attorney fees are quoted after a consultation and depend on the facts of the case. Processing times are agency estimates, not guarantees.
Frequently Asked Questions
What is the difference between a CR-1 and an IR-1 visa?
Only the age of the marriage on the day of entry. Under two years is a CR-1 and the green card is conditional for two years; two years or more is an IR-1 and the card is permanent. The petition, the fees and the Juárez interview are identical.
How long does a CR-1 spouse visa take from Mexico in 2026?
Roughly three to four years from filing the I-130 to the visa, based on figures posted on our review date: up to 25.5 months for the petition, three to four months at the National Visa Center, and a year or more waiting for a Ciudad Juárez interview. A spouse who needs an I-601A waiver adds about 28 months.
How much does a spouse visa cost?
Government fees total about $1,355 plus the medical exam: $675 for the I-130 (or $625 online), $325 for the DS-260, $120 for the affidavit-of-support review, and the $235 USCIS immigrant fee. The Juárez medical exam is US$323 plus tax. Attorney fees are discussed at the consultation.
Can my spouse visit me in the U.S. while the I-130 is pending?
A spouse with a valid visitor visa or Border Crossing Card can still make genuine visits, but each entry is a decision by the CBP officer, and a pending petition is evidence of immigrant intent. Entering to stay, or staying past the authorized period, can create a misrepresentation finding or unlawful presence that changes the whole case. Ask us before travel.
What proof of a real marriage does the consulate want?
Evidence of a shared life: joint lease or mortgage, joint accounts and tax returns, insurance naming each other, children's birth certificates, photographs over time with both families, and letters from people who know you. Couples living on opposite sides of the border should bring crossing records, transfers and messages showing the relationship continued.
Do I have to go to Juárez with my spouse for the interview?
No. The petitioner is not required to attend and usually does not enter the consulate. Many of our El Paso clients cross anyway to be with their spouse for the medical exam and the interview days, which is reasonable but not necessary.
How long will my spouse be in Ciudad Juárez?
The consulate says to plan on a minimum of three business days: the medical exam at least three days before the interview, a biometrics visit at the Applicant Service Center, and two appearances at the consulate on separate days. The passport returns by courier about a week after approval. A 221(g) request makes it longer.
What is a 221(g) refusal?
It is a temporary refusal because the consulate needs something more, usually a document or an administrative check, before issuing the visa. It is not a denial. Once the item is delivered or the check clears, the visa is issued without a new interview in most cases.
How much income do I need to sponsor my spouse?
The I-864 requires household income at 125% of the federal poverty guidelines for your household size, or 100% if you are on active duty in the U.S. armed forces. If you do not reach it, a joint sponsor who does can sign a second I-864, or assets can make up the difference.
Does the new public charge rule affect spouse visas?
Yes. The DHS rule in force since September 18, 2026 restored a totality-of-circumstances test that can consider non-cash benefits, and the State Department retrained consular officers on it in late August 2026. A spouse of a working petitioner with a solid I-864 still qualifies, but the file should document age, health, education and work history.
What if my spouse entered the U.S. illegally before?
The I-130 can still be approved, but a spouse with more than 180 days of unlawful presence who leaves for the Juárez interview triggers a three- or ten-year bar. The I-601A provisional waiver, approved before the trip, solves that for most couples; a prior removal or a second illegal entry needs a different plan.
Is a K-3 visa faster than a CR-1?
Not in our experience with Mexican spouses. The K-3 petition is filed after the I-130, USCIS usually approves both together, and the State Department then closes the K-3 and continues the case as a CR-1 or IR-1. There is no fee for the I-129F in a K-3 case, but it rarely changes the timeline.
Every case is different — these answers are general information, not legal advice about your situation. For advice about your case, call 888-305-0261 or request a consultation.