Immigrant Visa for a Spouse of a U.S. Citizen (IR1/CR1)

Overview of the IR1/CR1 Visa

The IR1 and CR1 visas are immigrant visas issued to foreign spouses of U.S. citizens. These visas allow the spouse to enter the United States as a lawful permanent resident (green card holder) upon arrival. The IR1 visa is issued to those married for more than two years, granting permanent residency. The CR1 visa is issued to those married for less than two years, providing conditional residency initially.

Eligibility Criteria

To qualify for the IR1 or CR1 visa, both the petitioner (U.S. citizen) and the beneficiary (foreign spouse) must meet specific requirements:

• The petitioner must be a U.S. citizen.
• The marriage must be legally recognized in the country where it occurred.
• The relationship must be genuine, and not solely for immigration purposes.
• The petitioner must meet financial eligibility requirements to sponsor the spouse.

Required Documents

Applicants will need to provide the following documents as part of the IR1/CR1 visa application:

• Valid passport for the foreign spouse
• Marriage certificate
• Passport-style photos of both spouses
• Proof of genuine marriage (e.g., photos, joint accounts, lease agreements)
• Form I-130 (Petition for Alien Relative) and approval notice
• Completed DS-260 (Immigrant Visa Application) form
• Medical examination results
• Financial documents proving the petitioner can support the spouse (Form I-864 Affidavit of Support)

Application Process

The application process for the IR1/CR1 visa involves several steps:

1. Filing Form I-130: The U.S. citizen files Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS) to establish the relationship.
2. USCIS Approval: Once Form I-130 is approved, the case is transferred to the National Visa Center (NVC) for processing.
3. Complete DS-260: The foreign spouse completes Form DS-260 (Immigrant Visa Application) online.
4. Submit Supporting Documents: Upload required documents to the NVC portal.
5. Pay Fees: Pay the visa application fee and Affidavit of Support fee to the NVC.
6. Medical Examination: Schedule and complete a medical exam with an authorized physician.
7. Interview at the U.S. Embassy or Consulate: Attend an interview where a consular officer will assess the application.
8. Visa Issuance: If approved, the foreign spouse receives an immigrant visa to enter the U.S.
9. Arrival and Green Card Issuance: The foreign spouse enters the U.S. and receives a green card by mail.

Fees and Payment

The fees for the IR1/CR1 visa process include:

• Form I-130 Filing Fee: $535
• Immigrant Visa Application Fee: $325
• Affidavit of Support Fee: $120
• Medical Examination Fee: Varies by country

Processing Time

Processing times vary based on factors like USCIS caseload and embassy capacity. On average, it takes 12-24 months from filing to visa issuance.

Key Points

• The IR1 visa provides permanent residency without conditions if married for over two years.
• The CR1 visa offers conditional residency if married for less than two years, requiring removal of conditions after two years.
• The foreign spouse can work and reside in the U.S. once the visa is issued and they have entered the country.
• USCIS and the NVC handle the initial stages of the process before the embassy or consulate interview.

Frequently Asked Questions

What is the difference between the IR1 and CR1 visas?

The IR1 visa grants permanent residency without conditions if the marriage is over two years old. The CR1 visa grants conditional residency if the marriage is under two years old.

How long does the IR1/CR1 visa process take?

The process typically takes between 12 and 24 months from filing Form I-130 to receiving the visa.

Can I work in the U.S. with an IR1 or CR1 visa?

Yes, both IR1 and CR1 visa holders can work in the U.S. upon entry and receipt of a green card.

Is an interview required for the IR1/CR1 visa?

Yes, the foreign spouse must attend an interview at the U.S. embassy or consulate in their home country.

Official Website

For more information on the IR1 and CR1 visa processes, visit the official U.S. Department of State website.