IR-1/CR-1 visas are two types of immigrant visas issued by the United States for spouses of U.S. citizens. These visas are designed to allow the foreign spouse to live and work in the United States as a permanent resident. The main difference between the two lies in the timing of the application and the conditions upon arrival in the U.S.

• IR-1 Visa (Immediate Relative – Spouse of a U.S. Citizen):

  • The IR-1 visa is intended for spouses of U.S. citizens who have been married for at least two years at the time of filing the visa application.

  • It grants the foreign spouse permanent resident status upon arrival in the United States. This means that they become a lawful permanent resident (LPR) immediately, and they receive a green card.

  • With an IR-1 visa, there is no conditional residence period. The foreign spouse receives a permanent green card and does not need to apply to have the conditions removed after a certain period.

• CR-1 Visa (Conditional Resident – Spouse of a U.S. Citizen):

  • The CR-1 visa is intended for spouses of U.S. citizens who have been married for less than two years at the time of filing the visa application.

  • It initially grants the foreign spouse conditional permanent resident status upon arrival in the United States. They receive a green card, but this green card is valid for two years.

  • Within the 90-day period before the expiration of the conditional green card, the foreign spouse and their U.S. citizen spouse must jointly apply to remove the conditions and obtain a regular (10-year) green card. This involves proving that their marriage is still genuine and not a sham.

How to apply for IR-1/CR-1 visa

Applying for an IR-1 or CR-1 visa for your spouse involves a multi-step process. Here’s a general outline of the steps you need to follow:

• File a Petition:

  • As a U.S. citizen, you need to start the process by filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between you (the U.S. citizen) and your foreign spouse.

• USCIS Processing:

  • USCIS will review your petition to ensure it is complete and accurate. They may request additional evidence or information.

  • Once your petition is approved, USCIS will send you an approval notice.

• National Visa Center (NVC) Processing:

  • After USCIS approval, the case is transferred to the National Visa Center (NVC). You will need to pay the necessary fees and provide additional documentation to the NVC.

  • The NVC will assign a case number and process your application for visa interview scheduling.

• Consular Processing:

  • The NVC will transfer your case to the U.S. embassy or consulate in your spouse’s home country.

  • Your spouse will receive instructions for scheduling a medical examination and visa interview at the U.S. embassy or consulate.

• Medical Examination:

  • Your spouse must undergo a medical examination by an approved panel physician. The results of this exam are typically sent directly to the U.S. embassy or consulate.

• Visa Interview:

  • Your spouse will attend a visa interview at the U.S. embassy or consulate. During the interview, they will be asked questions about their background, relationship, and intentions in the U.S.

  • It’s crucial to bring all required documentation to the interview, including the original USCIS approval notice, passport, visa application forms, and any requested supporting documents.

• Visa Issuance:

  • If the consular officer approves the visa application, your spouse will receive an immigrant visa in their passport.

• Travel to the U.S.:

  • Once the visa is issued, your spouse can travel to the United States. They should not travel before the visa’s validity date.

• Port of Entry:

  • Your spouse will go through customs and immigration at a U.S. port of entry. They should present their visa and other required documents.

• Conditional or Permanent Green Card:

  • Depending on whether you applied for an IR-1 or CR-1 visa, your spouse will either receive a permanent green card or a conditional green card upon arrival in the U.S.

• Conditional Green Card (CR-1) Removal:

  • If your spouse received a CR-1 visa and a conditional green card, you will need to apply to remove the conditions within the 90-day period before the card expires. This involves filing Form I-751, Petition to Remove Conditions on Residence.

IR-1/CR-1 visa checklist

Preparing a thorough checklist can help ensure you have all the necessary documents and information when applying for an IR-1 or CR-1 visa for your spouse. Below is a checklist to help you get organized:

Before You Begin:

• Eligibility: Make sure you meet the eligibility criteria as a U.S. citizen and that your spouse qualifies as a family member for this type of visa.

• Marriage Certificate: You must be legally married to your spouse. Gather your original, government-issued marriage certificate.

• Financial Sponsorship: Be prepared to demonstrate that you have sufficient income or assets to support your spouse in the U.S. (typically by filing an Affidavit of Support).

Petition Filing (Form I-130):

• Form I-130: Complete and sign Form I-130, Petition for Alien Relative. Ensure accuracy and consistency in the information provided.

• Supporting Documents for I-130:

  • A copy of your U.S. passport or birth certificate to prove your U.S. citizenship.

  • A copy of your spouse’s passport.

  • Marriage certificate (original or certified copy).

  • Any divorce or death certificates, if either you or your spouse were previously married.

  • Proof of a bona fide marital relationship, such as photos, joint bank accounts, shared property, or correspondence.

• Filing Fee: Include the required filing fee for Form I-130, payable to the U.S. Department of Homeland Security.

National Visa Center (NVC) Processing:

• NVC Case Number: After USCIS approves your I-130 petition, you will receive a case number from the NVC. Keep this number for reference.

• Affidavit of Support (Form I-864):

  • Complete Form I-864, Affidavit of Support, to demonstrate your financial ability to support your spouse in the U.S.

  • Include supporting documents, such as tax returns, W-2s, and proof of current employment or assets.

• DS-260 Application: Complete the online DS-260 immigrant visa application form for your spouse. This is done through the Consular Electronic Application Center (CEAC).

• Civil Documents:

  • Obtain and provide civil documents, such as birth certificates and marriage certificates, for your spouse and any accompanying children.

  • Ensure that these documents are properly translated into English if necessary.

Consular Processing:

• Visa Fees: Pay the visa application fee(s) as required by the U.S. embassy or consulate where your spouse will have the interview.

• Medical Examination: Schedule and complete the required medical examination with an approved panel physician. The results will be sent directly to the embassy or consulate.

• Supporting Documentation:

  • Prepare any additional documents requested by the specific U.S. embassy or consulate. Requirements can vary, so check their website for guidance.

  • Gather any additional evidence of your relationship, such as letters of support from family and friends.

• Visa Interview Appointment: Follow the instructions from the embassy or consulate to schedule and attend the visa interview.

After Visa Approval:

• Travel Arrangements: Once the visa is issued, make travel arrangements for your spouse to enter the U.S.

• Port of Entry: Ensure your spouse has all necessary documents, including the visa, passport, and sealed medical examination results, for inspection at the U.S. port of entry.

• Green Card Application (CR-1 Only): If your spouse receives a CR-1 visa, prepare to file Form I-751 to remove the conditions on their residence within the appropriate timeframe.