IR1 and CR1 Immigrant Visas Processing (Introduction)

Introduction

IR1/CR1 Visas are immigrant visas issued to foreign spouse of the U.S. Citizen. If you follow this process, your foreign spouse will complete the visa process completely outside the US, and then arrive in the US and become Permanent Resident immediately. Once the immigrant visa holder enters the Unites States through a US Port of Entry they will receive a Green Card in the mail (at their US address) within a few weeks. Additionally, sometimes the immigrant visa holder will have their passport stamped at the Port of Entry with an I-551 stamp (indicated their Legal Permanent Residency Status).

To obtain either visa, you must meet the following requirements:

• You must be legally married. Merely living together does not qualify a marriage for immigration Unmarried partners are ineligible to sponsor visas to the United Stated.
• You must be 18 years old before you can sign the Affidavit of Support, which is a form that will be required later in the process.

Differences Between IR1 and CR1 Visas

• IR1 (IR stands for "Immediate Relative") Visas entitle their holder to receive Permanent Residency within the United States for a period of 10 years (may be renewed)
• CR1 (CR stands for "Conditional Residency") Visas entitle their holder to receive "Conditional" Permanent Residency within the United States for a period of 2 years

The deciding factor on which visa an applicant is issued (IR1 versus CR1 visa) is the amount of time that they have been married at the time the visa is issued. If an applicant has been married to their US Citizen spouse for a period of two years or greater they will be issued an IR1 Visa. If they have been married less than two years they will be issued a CR1 Visa. A CR1 Visa will result in the applicant obtaining "conditional" permanent residency within the US and after a period of two years the applicant can apply to "Remove Conditions" 90 days before the conditional permanent resident card expires and they will be issued a regular 10 year green card.

IR1 or CR1 Visa Application Process

The US Citizen Spouse may petition for the non US Citizen spouse by filing an I-130 form with the USCIS. This form will be processed and sent to the National Visa Center and then forwarded to the Embassy nearest the non US Citizen Spouse. That embassy will collect the necessary information and conduct a visa interview where an IR1 or CR1 Visa may be issued.