Filing A Family Petition For A Marriage Visa

Last updated on December 3, 2025

Immigration laws may never feel more complicated than when your immigration status is keeping you separated from your spouse or family. At the Canizares Law Group, LLC, the most rewarding aspect of our lawyers’ work is when they are able to help families reunite with their loved ones. From our office in Miami, our attorneys have handled thousands of immigration petitions and cases throughout the country. They have the experience to help you reunite with yours with a spouse or marriage visa.

Your American dream begins here — call 305-686-3187 now or send us a message for your consultation.

Bringing Your Spouse To The United States

The first step in obtaining a visa for a family member is to file a family petition. You can file the I-130 Petition for Alien Relative form if you are a U.S. citizen or lawful permanent resident (LPR) with a green card. After the marriage relationship has been established, your spouse will be eligible to apply for LPR status (green card). Our team can also help you file for a fiancé(e) visa if you are not yet married to your soon-to-be spouse.

What Is A CR1 Spouse Visa?

If you have been married to your spouse for less than two years, then you are eligible to apply for a CR1 visa. A CR1 is a conditional resident visa that will allow you to enter the United States. After two years, you will be eligible to file for LPR status. Once you have a green card, you will be eligible to travel in and out of the United States, obtain a driver’s license, find employment and open a bank account,

What Is An IR1 Spouse Visa?

For foreign spouses that have been married for more than two years, you can apply for an IR1 visa that will be valid for 10 years and can be renewed indefinitely unless or until your spouse decides to apply for U.S. citizenship.

Who Can File Form I-130 To Sponsor A Spouse?

A U.S. citizen or a lawful permanent resident (green card holder) can file Form I-130 to sponsor their spouse. The petitioner must provide proof of status and evidence of a valid, legal marriage.

Both same sex and opposite-sex marriages are eligible, as long as they are legally recognized. Filing this form establishes the relationship with U.S. Citizenship and Immigration Services (USCIS). It is also the first step in the family-based immigration process.

What Is The Difference Between A CR1 And An IR1 Visa?

A CR1 visa is issued to a spouse if the marriage is less than two years old at the time of entry to the U.S., granting conditional permanent residency for two years.

On the other hand, an IR1 visa is for marriages longer than two years, granting permanent residency without conditions.

What Documents And Financial Requirements Are Required To Sponsor A Spouse?

Petitioners must submit:

• Proof of U.S. citizenship or green card, like a passport, birth certificate or green card.
• Marriage certificate and evidence of a bona fide marriage, including joint accounts, photos and leases.
• Form I-130 and filing fees.
• Form I-864, Affidavit of Support, showing financial ability to support the spouse above 125% of the federal poverty guidelines.
• Federal and state tax returns, employment verification and pay stubs to prove sufficient income.
• Passport-style photos of both spouses.

Also, additional documents may be requested depending on the case. Our attorney can help ensure you present the right documents.

What Happens After A CR1 Conditional Green Card Is Issued?

After a CR1 conditional green card is issued, the spouse has two years of conditional permanent residency.

Within 90 days before the card expires, the couple must file Form I-751, Petition to Remove Conditions, to convert it to a 10-year permanent green card.

This filing requires proof that the marriage is ongoing and genuine. Failure to file or provide adequate evidence can result in loss of permanent residency.

Married To A U.S. Citizen? Call Today For Help Filing Your Marriage Visa. Our attorneys offer appointments over the phone, in person or online via videoconferencing. Send us an email through our online form or call us today at 305-686-3187 to schedule your appointment. Se habla español.