IR1/CR1 Visa USA: Marriage Based Green Card for Spouse of U.S. Citizen

In order to be eligible for a IR1/CR1 marriage-based green card, the couple must have a legally recognized marriage.  A valid marriage certificate should be provided in the IR1/CR1 visa application.

They must also have a spouse who is a US citizen or green card holder who also has a valid address within the United States.

There are a number of supporting documents that you will need to submit in your spouse visa application. These may include the following:

• A valid passport that is valid for at least more than six months after your planned entry into the United States
• Marriage certificates. The original marriage certificate should be provided but if not wedding albums and proof of honeymoon destinations might be sufficient
• 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 collected all of your documents together, send off your portfolio of evidence to the NVC along with your application. The NVC will then assess your application and portfolio to determine whether or not you have provided enough evidence to be approved for an IR1/CR1 visa.

In order to be approved for a US visa, all applicants must first complete a medical evaluation proving that they are healthy enough to enter and live in the United States without posing a risk to the general public. In addition to this medical examination, the applicant must also receive the required vaccinations.

Instructions for what specific vaccinations are needed along with the required medical examination form will be sent to the applicant in the first NVC packet. All medical forms must be signed by a licensed doctor. These will be included in the portfolio of evidence that will be submitted later.

If the NVC is satisfied with your application and its portfolio of evidence, you will then be invited to attend a spouse visa interview. This interview will take place at the local USCIS office if you are in the US or your local U.S. embassy or consulate if you are abroad.

This interview is the last stage of the application process and some would argue, the most important. In this interview, you will be asked a series of questions regarding your background, application, and relationship. If you are in the US for this interview, your spouse will also attend this interview. If you are abroad, only the applicant (foreign-born spouse) will need to attend.

If the interviewer is satisfied with the interview and believes that you are in a bona fide marriage, they will then approve you for a marriage-based green card. Your passport will be given a stamp that will act as a temporary green card while you wait for their permanent resident card to be sent to you in the U.S.

If you are abroad, your stamp will have a time window with an expiration date. You must enter the US during this window of time and before the stamp expires.

In addition, you will be given a sealed packet containing documents important to your green card. You must submit this packet unsealed at the immigration counter when you arrive at the port-of-entry into the US. If this packet is opened up before submitting it to an immigration and border control official, you may be denied entry into the United States.

The cost for an IR1/CR1 visa will vary depending on the country from which the application was made. Overall, the application will consist of the following main fees:

• Form I-130 (Petition for Alien Relatives): $625 online, $535.00 paper
• Form DS-260 for visa application: $325
• Form I-864 (Affidavit of Support): $120.00
• Medical examination and required vaccinations: costs will vary
• USCIS Immigrant fee: $235
• Certified translation of documents: costs will vary

It should be noted that the time it takes for you to receive your permanent residence card will depend on whether or not you paid the immigrant visa fee and when you entered the country.

If you paid the immigrant fee before entering the U.S. then you will receive your card within 90 days of entry. If you paid the immigrant fee after entering the U.S. then you will receive your card within 90 days of payment receipt. If you have not paid the immigrant fee then the card will not be processed or sent.

Again, the card processing will begin as soon as payment for the immigrant visa fee has been received. When fully finished, the card will be sent to you at the U.S. mailing address specified by you on the DS-260 form which you initially filled out to complete your IR1/CR1 visa.

Usually, IR1/CR1 visas are completed within 8-10 months but again, this will depend on how quickly they are processed by the NVC and if there is a backlog of visa applications to compete with.

The waiting time for a Marriage green card is much shorter in comparison to other family-based visas such as the preference relative F2A and F2B visas which have to wait for a spot to open up. There are no yearly limits for spouse visas which means that the application can begin as soon as the petition starts.

Under the US spouse visa, foreign-born spouses enjoy a permanent resident status in the United States. With this status they are eligible for the following privileges:

• Travel in and out of the U.S. (provided they travel on a valid spouse visa)
• Apply for a US driver’s license
• Open a bank account
• Legally work in the U.S.
• Study at higher learning institutions or on other educational programs

Marriage green cards fall into 2 categories: IR1 and CR1. The type of visa issued to a spouse will depend on the length of time the couple has been married. If a couple has been married for more than 2 years, they will be given an IR1 visa.

If a couple has recently wed and/or their marriage is less than 2 years old, the spouse is only eligible for a conditional residence visa, also known as a CR1 visa. This visa is granted on the condition that the couple stays married for at least 2 years. After 2 years of marriage have passed, the spouse will be eligible to apply for an IR1 visa.

If you have been married for less than two years when your spouse enters the United States on an immigrant visa, they will generally receive conditional permanent resident status and a two-year Green Card (CR1).

To remove these conditions, you and your spouse must generally file Form I-751, Petition to Remove Conditions on Residence, jointly with USCIS during the 90-day period immediately before the conditional Green Card expires. Once approved, your spouse can obtain permanent resident status without the conditions.

If you requested a Social Security Number (SSN) when completing your immigrant visa application (Form DS-260), your Social Security card should automatically be mailed to your designated US address, usually within approximately six weeks of your admission to the United States.

If you did not request one through your visa application, you will need to apply directly through the Social Security Administration (SSA) after arriving in the US. An SSN is important for employment, tax and other everyday administrative purposes.