What is an IR-1/CR-1 Visa?
The IR-1 and CR-1 visas are immigrant visas issued the United States for spouses of U.S. citizens. These visas are designed for foreign spouses who are married to U.S. citizens and wish to live with their U.S. citizen spouse in the United States permanently. The main difference between the two visas lies in the timing of the issuance and the conditions upon arrival in the United States:
- IR-1 Visa (Immediate Relative Visa): The IR-1 visa is issued to spouses of U.S. citizens when the marriage has been in existence for at least two years at the time of visa approval. This visa allows the foreign spouse to enter the United States as a lawful permanent resident (green card holder) immediately upon arrival. Once in the U.S., they are granted a conditional green card that is valid for two years.
- CR-1 Visa (Conditional Resident Visa): The CR-1 visa is issued to spouses of U.S. citizens when the marriage is less than two years old at the time of visa approval. Upon entering the United States on a CR-1 visa, the foreign spouse is granted conditional permanent residency, which is valid for two years. To remove the conditions and obtain a 10-year permanent green card, the couple must jointly file a petition to remove the conditions within the 90-day period before the two-year anniversary of the foreign spouse’s entry into the United States.
Both the IR-1 and CR-1 visas require the U.S. citizen spouse to sponsor their foreign spouse, and the process involves submitting a petition to the U.S. Citizenship and Immigration Services (USCIS), followed a consular processing phase at the U.S. embassy or consulate in the foreign spouse’s home country. The aim of both visas is to allow the foreign spouse to live and work in the United States as a permanent resident and eventually become eligible for U.S. citizenship through the naturalization process.
How to Apply for an IR-1/CR-1 Visa?
Applying for an IR-1 or CR-1 spousal visa involves a multi-step process that generally includes petitioning for your spouse’s visa and then attending a visa interview at the U.S. embassy or consulate in your spouse’s home country. Here are the general steps to apply for an IR-1 or CR-1 visa:
Determine Eligibility:
- You, the U.S. citizen spouse, must be legally married to your foreign spouse.
- The marriage must be recognized as valid under U.S. immigration law.
- You must be a U.S. citizen.
File Form I-130, Petition for Alien Relative:
- As the U.S. citizen spouse, you must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between you and your spouse.
- Include all required supporting documents, including proof of your U.S. citizenship, marriage certificate, and any other requested evidence.
USCIS Processing:
- USCIS will process your I-130 petition and notify you of the approval or any requests for additional information.
National Visa Center (NVC) Processing:
- Once the I-130 is approved, it is sent to the NVC for further processing.
- You will receive a fee invoice from the NVC for the immigrant visa processing fees.
- Submit the required immigrant visa processing fees and the necessary visa application forms and documents to the NVC.
Affidavit of Support:
- As the U.S. citizen petitioner, you will need to submit an Affidavit of Support (Form I-864) to demonstrate that you have the financial means to support your spouse in the United States.
Attend Medical Examination:
- Your spouse will need to undergo a medical examination an approved panel physician in their home country.
Attend Visa Interview:
- Once the NVC completes its processing, your spouse will be scheduled for a visa interview at the U.S. embassy or consulate in their home country.
- Your spouse should bring all required documents to the interview, including their visa application forms, passport, photos, medical examination results, and any supporting documents.
Visa Approval:
- If the consular officer approves the visa application, your spouse will receive an immigrant visa stamp in their passport.
Entry Into the United States:
- Your spouse can enter the United States with an immigrant visa.
- Upon arrival in the U.S., they will be admitted as a conditional permanent resident if it’s a CR-1 visa or as a permanent resident if it’s an IR-1 visa.
Removal of Conditions (for CR-1 Visa):
- If your spouse entered the U.S. on a CR-1 visa, you will need to jointly file Form I-751 to remove the conditions on their permanent residency within the 90-day period before the second anniversary of their entry into the U.S.