What is an IR-1 visa?
An IR-1 visa is a type of immigrant visa issued by the United States government for spouses of U.S. citizens. The “IR” stands for “Immediate Relative,” and the “1” indicates that it is the first preference category for family-sponsored immigration.
The IR-1 visa is specifically designed for spouses of U.S. citizens who are foreign nationals and wish to live with their U.S. citizen spouse in the United States as lawful permanent residents (green card holders). It allows the foreign spouse to enter the United States as a permanent resident, which means they can live and work in the U.S. indefinitely and eventually pursue U.S. citizenship if they meet the necessary requirements.
To obtain an IR-1 visa, the U.S. citizen spouse must sponsor their foreign spouse, and the couple must demonstrate the validity of their marriage. This typically involves providing evidence of a bona fide marital relationship, such as marriage certificates, joint financial documents, and other supporting documentation. The application process involves multiple steps, including filing a petition with the U.S. Citizenship and Immigration Services (USCIS) and attending an immigrant visa interview at a U.S. embassy or consulate in the foreign spouse’s home country.
Once the IR-1 visa is approved, the foreign spouse can enter the United States and will be granted lawful permanent resident status upon arrival. It’s important to note that the process for obtaining an IR-1 visa can be complex, and applicants are advised to seek legal guidance or assistance to ensure they meet all the requirements and complete the necessary paperwork accurately.
What is a CR-1 visa?
A CR-1 visa is another type of immigrant visa issued by the United States government for spouses of U.S. citizens. The “CR” stands for “Conditional Resident,” and the “1” indicates that it is the first preference category for family-sponsored immigration.
The CR-1 visa is similar to the IR-1 visa in that it is designed for foreign nationals who are married to U.S. citizens and wish to live with their U.S. citizen spouse in the United States as lawful permanent residents (green card holders). However, there is a key difference between the two visas:
- Conditional Permanent Residence: When a foreign spouse enters the United States on a CR-1 visa and is granted lawful permanent residence, they initially receive conditional permanent resident status. This means that their green card is valid for two years.
- Removing Conditions: To remove the conditions on their permanent residency and obtain a regular, 10-year green card, the foreign spouse must jointly file Form I-751, Petition to Remove Conditions on Residence, with their U.S. citizen spouse within the 90-day period before the two-year conditional green card expires. This petition is meant to demonstrate that the marriage is still valid and not entered into for immigration fraud purposes.
- If the couple divorces or if the U.S. citizen spouse is unwilling to file the joint petition, the conditional resident can file for a waiver of the joint filing requirement, typically based on certain grounds such as divorce, spousal abuse, or extreme hardship.
Like the IR-1 visa, obtaining a CR-1 visa involves a multi-step process, including filing a petition with the U.S. Citizenship and Immigration Services (USCIS) and attending an immigrant visa interview at a U.S. embassy or consulate in the foreign spouse’s home country.
The choice between an IR-1 visa and a CR-1 visa may depend on various factors, including the length of time the couple has been married, whether they have been living together abroad, and their specific circumstances. Both visas ultimately lead to lawful permanent residency for the foreign spouse, but the CR-1 visa includes the additional step of removing the conditions on the green card.
How to apply for an IR-1/CR-1 visa?
Applying for an IR-1/CR-1 visa for your foreign spouse involves several steps, and the exact process can vary slightly depending on your specific circumstances. Here is a general overview of the steps to apply for an IR-1 or CR-1 visa:
- Determine Eligibility:
- To sponsor your foreign spouse for an IR-1 or CR-1 visa, you must be a U.S. citizen.
- The marriage between you and your foreign spouse must be legally recognized and genuine (not entered into for immigration purposes).
- You and your spouse must be legally eligible to marry under the laws of your respective countries.
- File a Petition:
- The first step is for the U.S. citizen spouse to file a Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). This form serves as the official petition to establish the qualifying relationship between the U.S. citizen and the foreign spouse.
- USCIS Processing:
- After submitting the Form I-130, USCIS will review the petition and, if approved, will send an approval notice.
- National Visa Center (NVC) Processing:
- Once the I-130 is approved, the case will be forwarded to the National Visa Center (NVC). The NVC will assign a case number and send instructions for fees and required documents.
- Pay Fees and Submit Supporting Documents:
- Pay the required visa fees and submit the necessary supporting documents to the NVC. These documents typically include the Affidavit of Support (Form I-864), financial documents, civil documents (e.g., marriage certificate), and the DS-260 immigrant visa application.
- Attend a Medical Examination:
- Your foreign spouse will need to undergo a medical examination by an approved panel physician in their home country.
- Attend an Immigrant Visa Interview:
- Once the NVC processes the documents and fees, they will schedule an immigrant visa interview at the U.S. embassy or consulate in the foreign spouse’s home country.
- Attend the Visa Interview:
- Your foreign spouse will attend the visa interview at the U.S. embassy or consulate. During the interview, they will be asked questions to determine their eligibility for an IR-1 or CR-1 visa.
- Visa Issuance:
- If the visa is approved, your foreign spouse will receive a visa in their passport that allows them to travel to the United States.
- Entry to the United States:
- After receiving the visa, your foreign spouse can travel to the United States. Upon arrival, they will be inspected by U.S. Customs and Border Protection (CBP).
For CR-1 visa applicants, this is the point at which they will receive a conditional green card valid for two years.
- Removal of Conditions (CR-1 Visa Holders Only):
- For CR-1 visa holders, you must jointly file Form I-751 to remove the conditions on the green card within the 90-day period before the two-year conditional green card expires.
