A CR-1/ IR-1 Immigrant Visa is the visa classification for a spouse of a U.S. citizen. In order to be classified as a CR-1/ IR-1 Immigrant, the couple must be lawfully married. If either spouse was previously married, they must present proof that their prior marriage was terminated.
The primary difference between a CR-1 and IR-1 is based on how long the couple has been married at the time of either the foreign spouse’s arrival in the U.S., or the date of adjustment of status if the foreign spouse is already in the United States. A foreign spouse who has been married for less than two (2) years at the time of entry or adjustment of status is issued a CR-1 immigrant visa, while the foreign spouse who has been married for more than two (2) years at the time of entry or adjustment of status receives an IR-1.
Upon arriving in the United States as a CR-1/ IR-1, the foreign spouse will be considered a Lawful Permanent Resident and receive a Green Card allowing the foreign spouse the right to work and live without restrictions. In addition, after being a Lawful Permanent Resident for three (3) years, the foreign spouse may be eligible to apply for U.S. citizenship through naturalization.
Our office collects all the information that we need from you at the start of the case and we will complete all the forms that are required throughout the process so you do not have to.
Our office completes and files a Form I-130 Petition for Alien Relative with the United States Citizenship and Immigration Services (“USCIS) with supporting documentation.
Once USCIS receives the Form I-130 Petition, a receipt number is issued. Processing times vary greatly depending on which USCIS service center processes the Form I-130 Petition.
After USCIS approves the Form I-130 Petition, the file will be sent to the National Visa Center (“NVC”).
Our office completes additional documentation including a DS-260 Online Visa Application, an I-864, Affidavit of Support as well as supporting documentation required by the NVC.
After all documentation is approved by the NVC, the file will be documentarily qualified before it is sent to the U.S. Embassy or Consulate and an interview is scheduled for the applicant spouse.
Our office will be notified that the U.S. Embassy or Consulate has received the file and an interview date has been scheduled.
The applicant will need to schedule a medical evaluation before proceeding for the visa interview. We will guide you on scheduling a medical evaluation.
Upon receiving medical clearance, the interview may proceed.
Our office will prepare a final checklist of documentation as well as hold interview preparation sessions before the scheduled appointment.
On the day of the interview, we will be available to answer calls or questions or any issues arise.
Provided that there are no outstanding issues, the consular officer will approve the immigrant visa.
The CR-1/ IR-1 Immigrant Visa for Spouse will arrive in 7-10 business days.
Our firm has over 35 years of combined experience in representing families looking to bring their foreign spouse to the United States on a CR-1/IR-1 Immigrant Visa. We offer a full-service, hands-on, comprehensive package designed to see the entire process through from beginning to end. As immigration attorneys who have hands-on experience in working directly with the U.S. Consulate in Ho Chi Minh City and the U.S. Embassy in Manila and across Asia. We provide our clients with a unique and personalized approach unmatched by other immigration attorneys.
A number of supporting documents are required including identification of both spouses, birth and marriage certificates, proof of prior marriage termination (if applicable), and documentation showing a bona fide marriage. Our experienced immigration lawyers may also recommend additional documentation to further strengthen one’s case.
Processing times are completely dependent on how quickly USCIS can adjudicate a Form I-130 Petition. Because of casework backlogs, the processing time has significantly increased in the aftermath of the COVID-19 Pandemic. In addition, after the NVC completes its processing and documentarily qualifies the case, the file must further wait for the U.S. Embassy or Consulate to schedule the interview.
Yes, this is absolutely possible. A Green Card holder can file a Form I-130 Petition for their foreign spouse and upon naturalizing, the category will automatically change from an F2A (Spouses and Minor Children of Green Card Holder) to a CR-1/IR-1.
The USCIS has specific criteria for expediting a Form I-130 Petition. More information can be found at https://enterlinepartners.com/language/en/how-can-i-expedite-a-petition-with-uscis/.
A U.S. citizen may also petition for a step-child provided that the marriage between the petitioner and foreign spouse was created prior to the step-child turning eighteen (18) years of age. A separate petition for the step-child must be filed with USCIS.
If your foreign spouse has a valid B-1/B-2 Visitor Visa, they might be allowed to use that visa to enter the United States for a very specific and temporary purpose. Care should be taken if your foreign spouse wants to visit the U.S. after filing the I-130 Petition. The granting of entry is at the sole discretion of the U.S. Customs and Border Protection Agency Officer. We recommend you discuss this with a qualified U.S. immigration lawyer.
A U.S. citizen is eligible to sponsor a spouse to immigrate to the United States as long as certain criteria are met. The type of visa that is issued and the resulting permanent resident status differs based on the length of the marriage at the time that the beneficiary spouse
A K-3 visa is a non-immigrant visa issued to a foreign spouse married to a U.S. citizen. Like a K-1 visa, a K-3 visa is also filed using a Form I-129F Petition for Alien Fiancé(e) (“Form I-129F Petition”) intended to shorten the separation period between the married couple and allow
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