IR1/CR1 Visa (Marriage Green Card)

There are two different kinds of marriage-based green cards: the Conditional Resident Spouse Visa (CR1 Visa) and the more permanent Immediate Relative Spouse Visa (IR1 Visa).

The CR1 Visa is a conditional residence visa that is available to foreign spouses who have married their partner recently. This visa is granted on the condition that the couple stays married for at least 2 years after which the foreign spouse can then transition to an IR1 visa.

Foreign spouses who have been married to their U.S. citizen spouse for over 2 years will receive an IR1 visa that is valid for 10 years and can be renewed indefinitely until he/she decides to apply for U.S. citizenship.

There are a number of requirements the couple will need to fulfill in order for a spouse to be eligible for the IR1 Visa/Spouse Green Card. Overall the main requirements are as follows:

• The couple is legally married and can provide a valid marriage certificate
• One of the spouses is a U.S. citizen
• The U.S. citizen spouse has a valid address in the United States

The specific type of spouse visa the foreign spouse will receive will depend on how long the couple has been married. If a couple has been married for less than 2 years, the foreign spouse will receive a CR1 visa but spouses married for over 2 years will receive an IR1 visa.

Generally, the spouse visa process is as follows:

1. The U.S. citizen spouse completes Form I-130 (Petition for Alien Relatives) and submits it to the United States Citizenship and Immigration Services (USCIS)
2. The petition is processed and a decision is sent to the U.S. citizen
3. If approved, the application will then be sent to the National Visa Center (NVC) which will then send a package to the foreign spouse with instructions on the next steps in the application process
4. The foreign spouse then needs to complete Form DS-260 (Immigrant Visa Electronic Application)
5. The foreign spouse will then need to undergo the required medical examination and necessary vaccinations
6. Supporting documents are compiled to form a portfolio of evidence
7. The foreign spouse attends a visa interview at their nearest U.S. embassy or consulate in their home country (f abroad) or USCIS office (if in the United States)
8. After the interview, the visa applicant will receive a decision over whether or not their visa has been approved

As mentioned above, the spouse visa application begins with the petition. The I-130 (Petition for Alien Relatives) must be completed by the U.S. citizen and submitted to the USCIS.

Usually, the petition will be processed within a few months. The USCIS will inform the petitioner of their decision. If the petition is rejected, the petitioner will be informed of the reasons for the refusal and if possible, there will be a chance to make any necessary changes before resubmitting the petition.

If the petition is approved, the next stage of the application process can begin.

There are no caps imposed on the number of people who can receive a CR1 or IR1 visa in a year, which means that your application for the Marriage Green Card can begin as soon as the petition is accepted.

The foreign applicant will receive a packet of documents from the National Visa Center (NVC) after the petition has been accepted. This packet contains key information, including the ID invoice number and a case number which are used to start the application process. This package will contain information and instructions regarding how the foreign spouse will need to undergo a medical evaluation and receive the required vaccinations.

The DS-260 Immigrant Visa Application form must be completed and submitted to the NVC. This form can be completed online and will ask a series of questions related to the applicant’s background and their reasons for wanting to relocate to the United States.

When the form has been completed, a confirmation page and number will be displayed. This information must be printed out and included in the portfolio of evidence that you will need to submit to the NVC.

After this online form has been completed, the visa applicant will then need to schedule and attend a visa interview at their nearest U.S. Embassy or Consulate (if abroad) or a local USCIS office if in the United States.

Immigration law states that any foreign national applying for an immigrant visa to the United States will need to complete a medical evaluation and be required to take the necessary vaccinations before they travel to the United States.

In your NVC packet, you will receive full instructions on what you need to do. It is imperative that you receive all the necessary vaccinations and complete the medical evaluation. Immigrant visa applicants who fail to do so will have their applications rejected.

You must obtain signed documents from a licensed doctor that show you have taken the required medical examination and received the vaccinations. These documents will form part of your portfolio of evidence which will need to be submitted at the visa interview.

Foreign spouses will need to provide a number of supporting documents in their visa application process. The supporting documents may include the following:

• A valid passport for more than six months after your planned entry to the U.S.
• Marriage documents. Ideally, this will be a genuine marriage certificate, but wedding albums and proof of honeymoon destinations might be sufficient
• A signed Form I-864 (Affidavit of Support from the U.S. petitioner)
• Confirmation page of DS-260 application
• Medical examination and vaccination documents
• Two photographs per individual
• Court and criminal records and/or police certificate
• If you have served in the military, you must bring your military records

The interview is a necessary part of the Marriage Green Card application and is the final stage in the process.

The interviewer will ask you a series of questions about your personal circumstances and application. If the interviewer is satisfied, your passport along with the passport of all your accompanying family members (if you are sponsoring dependents, for example) will be stamped with the necessary visas.

If you are given permission to reside in the United States, you will also receive a package of information. You must not open this package under any circumstances. When you arrive in the United States, you need to give this package to the immigration border official who will open it up and inspect it to make sure that your visa is valid. If the package is opened before it reaches the immigration border official, you may be denied entry into the United States.

The applicant will need to take into consideration a number of fees when they complete a CR1/IR1 Visa application. The fees are likely to vary depending on the country from which the application is made.

The main costs of the visa application include:

• Form I-130 (Petition for Alien Relatives): $535
• Form DS-260: $445
• Biometrics Services fee: $85
• Medical examination and vaccinations fees: costs will vary
• USCIS Immigrant fee (This must be paid before you travel to the U.S.): $220
• Fees for the translation of documents: costs will vary

There are no restrictions imposed on the number of people who can receive an IR1/CR1 Visa in a year. This means that the waiting time for a Spouse Green Card will be much shorter than for other family-based Green Cards, such as the preference relative F2A and F2B visas.

IR1/CR1 Visa applications are generally completed within ten months but oftentimes are completed within eight months.