IR1/CR1 Visa

If a foreign-born spouse applies for a marriage-based green card, they will either be given an IR1 or CR1 visa. The type of visa issued will depend on how long the couple has been married. If the marriage is over 2 years old, the foreign spouse will receive an IR1 visa.

If a couple has recently wed and their marriage is under 2 years, the foreign spouse will be given the conditional residency visa (CR1). When the couple has been married for over 2 years, the foreign-born spouse can then transition to an IR1 visa.

Once the sponsorship petition is approved by the NVC, the foreign spouse can then start the application process. In order to do this, the applicant must complete the following steps:

• Complete Form DS-260 (Immigrant Visa Electronic Application)
• Undergo a medical examination and receive any required vaccinations
• Collect the necessary documents complete with certified translations and include them into a portfolio of evidence
• Schedule and attend a visa interview at their local U.S. Embassy or consulate (if abroad) or at a nearby USCIS office (if in the U.S.)

The DS-260 (Immigrant Visa Application Form) can be completed online. This form will ask a series of questions related to the applicant’s background and the reasons why they are seeking to relocate to the United States. After this form is completed and submitted, you will receive a confirmation page and number. It is important to print out this confirmation page and include it in your portfolio of evidence that you will later send to the NVC.

Anyone looking to immigrate to the United States will need to undergo a valid medical examination. This exam is meant to determine if an individual is healthy enough to enter and live in the United States without posing as a medical risk to the general public. In addition to undergoing a medical evaluation, a visa applicant will also need to be administered with the necessary vaccinations.

All medical evaluation forms will need to be signed by a licensed doctor and included in the portfolio of evidence submitted for the visa application. Instructions as well as all information about what specific vaccinations are required will be provided in the NVC packet sent to the visa applicant.

You will be required to send a number of supporting documents in your portfolio of evidence for your spouse visa application. These may include the following:

• A passport that is valid for at least more than six months after your planned entry into the United States
• A valid and legal marriage certificate
• A signed Form I-864 (Affidavit of Support) from the U.S. petitioner
• A printout of the DS-260 application confirmation page
• Signed Medical examination and vaccination documents
• Two photographs per individual (these must conform to U.S. visa standards)
• Court and criminal records and/or police certificate
• Military records if you ever served in the military

After you have compiled all of your supporting documents together, you may then send them off to the NVC in your application packet.  The NVC will then assess your application packet to determine whether or not you have provided enough evidence to be approved for an IR1/CR1 visa. If more information is needed, you will then be sent a request for more information.  It is important to send the request information before the deadline given or it will not be considered and your marriage green card may be rejected.

After your application is sent off and the NVC is satisfied with the information you have provided, you will then be asked to attend a marriage-based green card interview. If you are abroad, this interview will take place at the local U.S. Embassy or Consulate. If you are in the United States at this time, you will be asked to go to a nearby USCIS office for the interview.

The visa interview is the last stage of the application process. At this interview, you will be asked a number of questions regarding your background, the information provided in the application, and your relationship and marriage. If you are in the U.S. for this interview, your spouse will also attend and participate in the interview. However, if you are abroad, only the foreign spouse will need to attend.

The purpose of this interview is to assess whether or not you are in a bona fide marriage. If the interviewer finds that your relationship is genuine, you will then be approved for a marriage-based green card.

You will then be issued with a visa stamp in your passport that will allow you to enter the U.S. within a fixed time frame. You must enter the United States before the time frame expires. Once you are settled in the U.S. you will receive your permanent resident card in the mail to the address you provided in your visa application.

In addition to receiving your visa stamp, you will also be given a sealed packet. This packet contains documents important to your green card and must remain unopened until it is given to an immigration officer at a U.S. port of entry. It will then be opened and inspected by a border control official who will then inspect it. If everything is in order, you will be allowed entry into the United States.

The cost of a marriage-based green card will vary depending on what country the application was made from. Overall, the main fees for an IR1/CR1 visa will include the following:

• Form I-130 (Petition for Alien Relatives): $535
• Form DS-260 for visa application: $325
• Form I-864 (Affidavit of Support): $120
• Medical examination and required vaccinations: costs will vary
• USCIS Immigrant fee: $220
• Certified translation of documents: costs will vary

It is important to pay the USCIS immigrant fee as soon as you can in order to avoid any unnecessary delays in receiving your permanent resident card. This card will be sent to you via mail at the mailing address you put down on the DS-260 form.

Normally, if you paid the immigrant fee before entering the U.S, then you will receive your card within 90 days of entry into the U.S. If you traveled to the U.S. and then paid the USCIS immigrant fee, then you will receive your card within 90 days of payment receipt. It should be noted that if you do not pay the USCIS immigrant fee, then your card will neither be processed nor sent.

The visa processing time for a marriage green card is much shorter in comparison to other marriage-based visas such as the preference relative F2A visa which is subject to a yearly cap. There are no yearly limits for IR1/CR1 visas which means that the application can begin as soon as the petition starts.

The IR1/CR1 visas are usually completed within 8-10 months. The length of time it will take to receive a visa will depend on the speed at which the NVC processes a visa, if there were any mistakes in the application or requests for more information and whether or not there is a large backlog to compete with.