CR-1/IR-1 Immigrant Visa for Spouse

Introduction to the CR-1/IR-1 Immigrant Visa for Spouse

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 U.S. citizen spouse must also be domiciled in the United States. If the U.S. citizen spouse is not domiciled in the U.S., an experienced immigration lawyer can provide competent advice and recommendations in order to establish domicile.
The U.S. citizen spouse must also be able to present proof of financial capacity to support the foreign spouse. This can be shown commonly through tax returns. In the event that tax returns show insufficient income, supplemental assets may be presented.

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.

Benefits of a CR-1/IR-1 Immigrant Visa for Spouse

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.

How Does the CR-1/IR-1 Immigrant Visa for Spouse Process?

Information Collection

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.

Filing Form I-130

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.

Receipt of Petition

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.

USCIS Approval

After USCIS approves the Form I-130 Petition, the file will be sent to the National Visa Center (“NVC”).

Additional Documentation

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.

NVC Review

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.

Embassy Notification

Our office will be notified that the U.S. Embassy or Consulate has received the file and an interview date has been scheduled.

Medical Evaluation

The applicant will need to schedule a medical evaluation before proceeding for the visa interview. We will guide you on scheduling a medical evaluation.

Interview Preparation

Upon receiving medical clearance, the interview may proceed.

Interview Day Support

Our office will prepare a final checklist of documentation as well as hold interview preparation sessions before the scheduled appointment.

Consular Approval

On the day of the interview, we will be available to answer calls or questions or any issues arise.

Entry and Marriage

Provided that there are no outstanding issues, the consular officer will approve the immigrant visa.

Finalization

The CR-1/IR-1 Immigrant Visa for Spouse will arrive in 7-10 business days.

Why Choose Our Firm for a CR-1/IR-1 Immigrant Visa for Spouse?

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.

hear from enterline & partners clients

My wife and I cannot overstate our gratitude to Ryan Barshop, and his assistant, Maricar. After taking on our case, a rare consular filing, he immediately and skillfully guided us through the complex process that resulted in my wife receiving a CR-1 visa.

An exceptional attorney and consummate professional, Ryan has an encyclopedic knowledge of immigration law. He kept us informed along every step of the way, and Maricar helped us keep track of our many documents and appointments. Their handling of our case changed our lives. The costs were extremely reasonable, and included far more than I would have imagined.

I have and will continue to recommend Attorney Ryan to anyone without hesitation. Ryan and Maricar, thank you for everything!

My wife and I are writing to express our deepest gratitude for your outstanding representation in my wife's immigration process to the United States and eventually her becoming an American citizen. Our Attorney Ryan Barshop and his team provided their expertise and dedication which have only been instrumental in achieving a successful outcome. It all started with my wife applying for a visa to come to the United States while living in Vietnam and only 3-years later her being sworn in as an American citizen. It's all due to the hard work of Ryan and his team. Your unwavering support and professionalism won our case and we are immensely thankful for your hard work and commitment and today my wife is an American citizen. We are forever thankful.

Best Regards,

Ron and Huyen Schroeder

We hired Enterline to assist with the paperwork for my wife’s immigrant visa.

Ryan and Leah guided us through the process. My wife recently passed her visa interview at the US Consulate with flying colors.

We plan to keep Ryan and Leah on board up to and through my wife’s naturalization. They answered all of our questions and assisted us when we reached important milestones in our case.

It’s well worth the money spent to have things done correctly the first time!

My husband, my mom, and I truly appreciate your professional and friendly service! Mr. Ryan and Ms. Leah responded timely and professionally to many of our questions, concerns and helped us file a few cases for my family members. They walked us through all steps, prepared all documents, provided guidance and tips up to the date of the interview, and all the way till my mom arrived in the U.S. Huge bonus is my husband, and I can focus on our regular jobs and not having to worry about messing up the paperwork if we were to do it ourselves! My mom recently received her Immigration Visa and arrived safe and sounds. My other family members are still waiting. We will use their service and expertise again in the future. The attorney we used many years back retired, so he referred attorney Ryan Barshop to us. I will highly recommend Ryan to family and friends.

Mr. Ryan is very knowledgeable and his assistant Leah is also amazing. I especially enjoy working with Enterline and Partners because everyone is so friendly. I didn't have to leave Vietnam during my spousal petition because I chose to stay with my family throughout the process. Mr. Ryan assisted me in establishing the intent to domicile and allow my husband to get a visa without any issues. I don't think I could do it without them.

David and his assistant Leah helped us successfully navigate the labyrinth of US immigration law. I greatly doubt we could have handled that confusing mess ourselves. They painstakingly took us through the many, MANY steps of the process. (You will be astonished how many steps there are!) At one point, our petition was stuck because I’ve been living and working in Vietnam for the last 17 years and so had no cut-and-dried domicile in the States. David was able to solve the problem by explaining our situation to an official higher up the chain of command. We would still be stuck there if it wasn’t for him. My wife received her immigration visa a few days ago. I give David and Leah my highest recommendation.

We are very happy to find an U.S attorney with office in Vietnam. David and Ryan are very professional. They explained all the difficult questions that other agencies couldn't give us. They contacted with the embassy on our behalf during covid. We wouldn't know what to do without them. Thank you for all their hard work, my husband got his green card and we now moved to America. Highly recommend them

As a fellow immigration attorney, I can attest to David Enterline's expertise and know-how. He is professional in all aspects and has great relationships with his clients. I know from personal experience that he always goes above and beyond to get the job done. He has a talent for explaining complex and confusing concepts in a very straightforward manner. I wouldn't hesitate in recommending his services or his team for whatever immigration matter you may have. You will be in good hands!

Ryan and Leah helped us get thru our K1 process during a very difficult time period with Covid. We had to transfer our case back and forth between embassies several times due to the world situation of 2020, 2021 and 2022. All the way thru the process, they did exactly as we asked, after providing us with the best advice they could give. Lastly, after a flight delay which prevented my fiancé from meeting Leah at the office, of course on the day before her interview, Leah hand delivered a package to her at the hotel helping to prepare for the interview. The interview went almost flawlessly, with my fiancé's visa being delivered within a few days. Thanks to Ryan and Leah for their fantastic support all thru the process.

As a US attorney myself, I have high standards and expectations of other attorneys. I give Enterline & Partners highest marks for competency, expertise and communications. Have been very happy with advice given to me in the past, have referred clients to them and will continue to do so in the future

US Immigration Law is vast and complex, and it's crucial to have a knowledgably attorney to help guide through every step of the way. I find that here at Enterline and Partners – especially David A. Enterline, Esq. Attorney Enterline is an expert in the EB5 field. He has appeared in numerous EB5 panels at conferences. I would trust him and his team to handle your important immigration matters. David A. Enterline, Esq. has helped guided me through a very complex EB5 case in the past and got it approved. I would highly recommend him and his team.

My family has experienced Enterline's service and we fell very satisfied. We will introduce this company to our relatives and friends. Many thanks to Enterline's Team.

Very thorough and professional in their work. Excellent knowledge of the process. I recommend them strongly.

The company gave me a great experience, prestige, quality, professionalism. I was extremely lucky to have help and prepare all the documents from the company. I passed the interview and got the job. Visa after 3 days of interview. I have succeeded beyond my imagination. I sincerely thank the company and wish the company health, peace, luck, and great success in life and work.

Chad and I highly appreciate the Law Office's professional working style, responsibility and efforts. You helped us reunite in America and we have a happy marriage. Sincerely thank you all!

Thank you Mr.Ryan and Assistant Ms. Anh for helping my husband and I complete our US immigration documents. Thanks to the support of the lawyer's office, we completed the documents and were able to enter the US.

My family had a very frank discussion with the lawyer. We appreciate the clear advice and information about the US visa that the family is looking for.

Thank you Mr.David for helping my husband and I fulfill our American dream. Even though we were denied many legal issues, thanks to the support of the law office, we were still able to enter the US under immigration status couple .

Frequently Asked Questions

Besides the Form I-130 Petition, What Other Documents are Required?

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.

Why Does the Process Take an Average of 1-2 Years to Complete?

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.

If I am a Green Card Holder, Can I Still File for My Foreign Spouse and Convert the Process to a CR-1/ IR-1 After I Become a U.S. Citizen?

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.

Can the Form I-130 Process Be Expedited?

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/.

Can I Petition My Foreign Spouses Children/Step-Children as a CR-1/IR-1 Dependent?

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.

Can My Foreign Spouse Visit Me on a U.S. Visitor/Tourist Visa While the Case is Pending?

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.

CR-1/IR-1 Latest News

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What is a K-3 Visa and How is it Different from a CR-1/ IR-1 Visa?

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

CR-1/ IR-1 Immigrant Visa for Spouse

CR-1/IR-1 Immigrant Visa for Spouse

Introduction to the CR-1/IR-1 Immigrant Visa for Spouse

Benefits of a CR-1/IR-1 Immigrant Visa for Spouse