U.S. citizens have a number of options to bring their Filipino spouses or fiancé(e)s and their children to the United States to become lawful permanent residents.

Visa Options for Bringing a Filipino Spouse to the United States

Marrying a U.S. citizen does not automatically grant U.S. residency or citizenship to a Filipino spouse. U.S. immigration law requires a formal petition and visa application process to lawfully enter and reside in the United States. There are several visa options available, depending on the nature of the relationship and length of the marriage. Below, we outline the most relevant spouse-based visa categories for Filipino spouses of U.S. citizens.

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IR-1 Visa: Immediate Relative Immigrant Visa

The IR-1 visa is for spouses of U.S. citizens who have been married for more than two years. It is an immigrant visa, meaning the beneficiary becomes a lawful permanent resident (Green Card holder) upon arrival in the United States. To begin this process, the U.S. citizen spouse must file Form I-130 (Petition for Alien Relative) with the U.S. Citizenship and Immigration Services (USCIS).

Key benefits of the IR-1 visa:

• Immediate eligibility for a Green Card upon U.S. entry.

• No additional adjustment of status application is required.

• Children (under 21 and unmarried) may also qualify for IR visas if separate I-130 petitions are filed on their behalf.

Note: Children must have been under 18 at the time the marriage took place to qualify as stepchildren under U.S. immigration law. Children over 18 at the time of marriage must wait until the Filipino parent becomes a lawful permanent resident before they can be petitioned.

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CR-1 Visa: Conditional Resident Immigrant Visa

The CR-1 visa is issued to spouses of U.S. citizens whose marriage is less than two years old at the time of visa approval. Like the IR-1, the CR-1 is also an immigrant visa and grants the Filipino spouse conditional permanent resident status upon arrival in the United States.

Key benefits of the CR-1 visa:

• Direct path to a Green Card after arrival.

• Avoids the need for a separate adjustment of status application.

• Children may qualify under the CR-2 category if eligible.

Note: After two years in the U.S., the couple must file to remove the conditions on residency using Form I-751 to obtain a permanent Green Card.