IR1 & CR1 Visa: Immigrant Visa for a Spouse of a U.S. Citizen

What are IR1 & CR1 Visa?

IR1 and CR1 visas are types of immigrant visas for individuals who are married to U.S. citizens.

An IR1 visa, also known as an Immediate Relative Spouse visa, is for individuals who are married to U.S. citizens and are seeking to immigrate to the United States. This type of visa allows the spouse to enter the United States and obtain permanent resident status (a green card) immediately upon arrival.

A CR1 visa, also known as a Conditional Resident Spouse visa, is for individuals who are married to U.S. citizens and have been married for less than two years at the time the petition is filed. This type of visa allows the spouse to enter the United States and obtain conditional permanent resident status (a green card) upon arrival. After two years, the couple must apply to have the condition removed from the green card and obtain permanent resident status.

Both types of visas require the U.S. citizen spouse to file a petition on behalf of their foreign spouse and the application process for both types of visas is similar. Both require the submission of documents that establish the legitimacy of the marriage, proof of the U.S. citizen’s U.S. citizenship, and other immigration forms and fees.

Who Qualifies for IR1 & CR1 Visa?

To qualify for an IR1 or CR1 visa, an individual must be married to a U.S. citizen and meet the following criteria:

  • IR1 Visa: The individual must be the spouse of a U.S. citizen and the marriage must be legally valid in the country where it took place and in the United States. The U.S. citizen spouse must file a petition on behalf of the foreign spouse and prove that the marriage is not fraudulent and that the couple intends to live together permanently.
  • CR1 Visa: The individual must be the spouse of a U.S. citizen and the marriage must be legally valid in the country where it took place and in the United States. The U.S. citizen spouse must file a petition on behalf of the foreign spouse, and prove that the marriage is not fraudulent and that the couple intends to live together permanently. Additionally, the marriage must be less than two years old at the time the petition is filed.

It’s important to note that there are additional requirements and qualifications for these visas, such as:

  • Health requirements: All applicants must pass a medical examination by an authorized physician before a visa can be issued.
  • Criminal background checks: All applicants must pass a criminal background check.
  • Financial requirements: The U.S. citizen spouse must demonstrate the ability to financially support the foreign spouse, by submitting proof of income, assets, and tax returns.
  • Interview: All applicants for IR1 and CR1 visas must attend an interview at a U.S. consulate or embassy.

How to Apply for IR1 & CR1 Visa?

To apply for an IR1 or CR1 visa, you will need to follow these general steps:

  1. Obtain a valid marriage certificate: You and your U.S. citizen spouse will need to provide a copy of your valid marriage certificate.
  2. File a petition: Your U.S. citizen spouse will need to file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS) using form I-130.
  3. Gather all necessary documentation: You and your U.S. citizen spouse will need to provide various forms of documentation, such as birth certificates, police certificates, and financial documents.
  4. Pay the required fees: You and your U.S. citizen spouse will need to pay the required fees to the USCIS and the U.S. Department of State.
  5. Wait for the petition to be approved: Once the petition is filed, it will take some time for it to be processed by the USCIS. After the petition is approved, it will be sent to the National Visa Center (NVC) for further processing.
  6. Complete the online visa application form: Once the petition is received by the NVC, you will receive instructions on how to complete the online visa application form (DS-260).
  7. Attend a medical examination: You will need to schedule and attend a medical examination with a physician authorized by the U.S. embassy or consulate.
  8. Attend a visa interview: Once the NVC has received all of your documents, they will schedule a visa interview with a consular officer at the U.S. embassy or consulate. During the interview, you will be asked questions about your qualifications, your intended employment, and your plans in the United States.
  9. Wait for a decision: After the interview, the consular officer will make a decision on your application. If you are approved for the visa, you will be asked to pay the visa fee, and will be given instructions on how to collect your passport and visa. If your application is denied, the consular officer will explain the reason for the denial and will inform you of your right to appeal the decision.

What is the IR1 & CR1 Interview Process?

The IR1 and CR1 visa interview process typically involves an interview with a consular officer at a U.S. consulate or embassy in your home country. The interview is an opportunity for the consular officer to verify the information in your visa application, and to determine whether you are eligible for the visa. The interview process may include the following steps:

  1. Arrival: You will need to arrive at the consulate or embassy on the date and time of your scheduled interview. You will be asked to present your passport and will be required to pass through security.
  2. Interview: A consular officer will conduct the interview, which will usually last around 10-15 minutes. The consular officer will ask you questions about your qualifications, your intended employment, and your plans in the United States. They will also check your documentation and make sure that the information you have provided is accurate.
  3. Decision: After the interview, the consular officer will make a decision on your application. If you are approved for the visa, you will be asked to pay the visa fee, and will be given instructions on how to collect your passport and visa. If your application is denied, the consular officer will explain the reason for the denial and will inform you of your right to appeal the decision.

What are the Required Documents for IR1 & CR1 Visa?

The required documents for an IR1 and CR1 visa application may vary depending on the specific circumstances of your case, but generally, you will need to provide the following documents:

  1. A valid passport: Your passport must be valid for at least six months beyond the date you intend to enter the United States.
  2. A nonimmigrant visa application form: You will need to complete the online form DS-260, which is the nonimmigrant visa application form.
  3. A recent photograph: You will need to upload a recent passport-style photograph as part of your online application.
  4. A copy of your valid marriage certificate: You and your U.S. citizen spouse will need to provide a copy of your valid marriage certificate.
  5. Proof of U.S. citizenship for your spouse: Your U.S. citizen spouse will need to provide proof of U.S. citizenship, such as a birth certificate, U.S. passport, or naturalization certificate.
  6. Proof of relationship: You and your U.S. citizen spouse will need to provide various forms of documentation that establish the legitimacy of the marriage, such as photographs, joint bank account statements, and other documents that demonstrate that you have a bona-fide marriage.
  7. Police certificates: You will need to provide police certificates from any country where you have lived for more than six months since the age of 16.
  8. Medical examination: You will need to complete a medical examination by a physician authorized by the U.S. embassy or consulate.
  9. Visa fee payment: You will need to pay the visa application fee, which is non-refundable.

What is the IR1 & CR1 Visa Fee?

The IR1 and CR1 visa fee is a non-refundable fee that must be paid in order to process your visa application. As of 2021, the fee for the IR1 and CR1 visa is $535. This fee is subject to change and it’s important to check the U.S Department of State website or the U.S. consulate or embassy where you plan to apply for the most up-to-date information.

It’s important to note that in addition to the visa application fee, you may also have to pay additional fees, such as a fee for the biometric services (fingerprinting) or for expedited processing of your application, if applicable.

It’s also important to keep in mind that, in some cases, dependents such as children may have to pay separate fees for their own visa.

What is the IR1 & CR1 Processing Time?

The processing time for an IR1 and CR1 visa application can vary depending on a number of factors, such as the volume of applications received by the U.S. consulate or embassy and the completeness of the application. However, typically it takes around 6 to 9 months to process IR1 and CR1 visa applications, from the date the petition is filed by the U.S. citizen spouse to the date of the interview at the U.S consulate.

IR1 & CR1 Visa Frequently Asked Questions

Here are some frequently asked questions about IR1 and CR1 visas:

  1. What is the difference between IR1 and CR1 visas?
    An IR1 visa, also known as an Immediate Relative Spouse visa, is for individuals who are married to U.S. citizens and are seeking to immigrate to the United States. This type of visa allows the spouse to enter the United States and obtain permanent resident status (a green card) immediately upon arrival. A CR1 visa, also known as a Conditional Resident Spouse visa, is for individuals who are married to U.S. citizens and have been married for less than two years at the time the petition is filed. This type of visa allows the spouse to enter the United States and obtain conditional permanent resident status (a green card) upon arrival. After two years, the couple must apply to have the condition removed from the green card and obtain permanent resident status.
  2. Can I work with an IR1 or CR1 visa?
    Yes, individuals with an IR1 or CR1 visa are able to work in the United States once they have obtained their green card.
  3. Can I travel outside the United States with an IR1 or CR1 visa?
    Yes, individuals with an IR1 or CR1 visa are able to travel outside the United States, but they must obtain a re-entry permit if they plan to be away for more than six months.
  4. Can my children come with me to the United States on an IR1 or CR1 visa?
    Yes, children of the spouse who holds an IR1 or CR1 visa can come to the United States as dependents on the same visa application, but they must be unmarried and under 21 years of age.
  5. How long does it take to get an IR1 or CR1 visa?
    The processing time for an IR1 and CR1 visa application can vary depending on a number of factors, but it typically takes around 6 to 9 months to process IR1 and CR1 visa applications.
  6. Can I expedite the process of my IR1 or CR1 visa?
    In some cases, expedited processing may be available for an additional fee, if you can demonstrate that you have a compelling reason for needing to travel to the United States sooner. However, each case is evaluated individually and the decision is made by the U.S. consulate.