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Explanation of CR-1/IR-1 Visa
Table of Contents
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What is CR-1/IR-1 Visa?
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Key Differences Between CR-1 and IR-1 Visas
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Step-by-Step Application Process for CR-1/IR-1 Visa
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Processing Times for I-130 Petition for CR-1/IR-1 Visa
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Cost of CR-1/IR-1 Visa
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Requirements for CR-1/IR-1 Spousal Visa
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What is the Approval Rate for CR-1/IR-1 Fiancée Visa?
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What is Domicile Confirmation for CR-1/IR-1 Visa?
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Frequently Asked Questions (FAQ)
Explanation of CR-1/IR-1 Visa
What is CR-1/IR-1 Visa?
CR-1 (Conditional Resident) and IR-1 (Immediate Relative) visas are immigration categories in the United States designed for spouses of U.S. citizens. These visas allow foreign spouses of U.S. citizens to immigrate to the United States for the purpose of residing with their U.S. citizen spouses
Key Differences Between CR-1 and IR-1 Visas:
1. CR-1 Visa (Conditional Green Card):
This visa is granted to the spouse of a U.S. citizen if the marriage occurred less than two years before filing the I-130 petition (Family Reunification Petition).
Upon entering the U.S. on a CR-1 visa, the spouse receives a conditional green card valid for 2 years.
Within the last 90 days of the conditional green card's validity, the spouse and the U.S. citizen must jointly file the I-751 petition (Petition to Remove Conditions on Residence) to obtain a permanent green card (without conditions).
This ensures a scrutiny of the marriage's validity and proof that the marriage was not solely entered into for immigration benefits.
2. IR-1 Visa (Permanent Green Card):
This visa is granted to the spouse of a U.S. citizen if the marriage occurred more than two years before filing the I-130 petition.
Upon entering the U.S. on an IR-1 visa, the spouse immediately receives a permanent green card without conditions. There is no need to file the I-751 petition and remove the conditionality of the green card after 2 years.
Both visas allow spouses of U.S. citizens to live and work in the United States and provide a path to U.S. citizenship through naturalization after the required period of residency and compliance with immigration law requirements. The choice between CR-1 and IR-1 depends on the duration of the marriage at the time of filing the I-130 petition. If the marriage was less than 2 years old at the time of filing the I-130 petition, and by the time of processing the marriage has surpassed 2 years, the visa category will automatically be changed from CR-1 to IR-1.
The process of applying for a CR-1/IR-1 visa, step by step
The process of applying for a CR-1 visa (conditional green card for spouses of U.S. citizens) or an IR-1 visa (permanent green card for spouses of U.S. citizens) involves several key steps.
Here is a step-by-step guide for CR-1/IR-1 visas:
Step 1: Form I-130, filing the petition with USCIS
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Filling out the I-130 petition (Family Reunification Petition)
A U.S. citizen whose foreign spouse (spouses) wishes to invite must initiate the process by completing and filing the I-130 petition. This petition serves as a request for the recognition of marriage and family reunification.
Providing evidence of the relationship:
The I-130 petition must be accompanied by documents verifying the legality and authenticity of the marriage, such as a marriage certificate, photographs, joint financial documents, etc.
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Filing the petition with USCIS:
A U.S. citizen must submit the completed I-130 petition to USCIS (U.S. Citizenship and Immigration Services) at the specified address
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Receipt of confirmation of petition acceptance (NOA1):
USCIS will send a receipt notification (NOA1) with information confirming the acceptance of the petition and assigning the case for review.
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USCIS Petition Review:
USCIS conducts a review of the application and may request additional documents or information.
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Preparing for Request for Evidence (RFE) if necessary:
If USCIS requests additional documents or information, you must provide them within the specified timeframe.
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Approval Notice (NOA2):
After the petition is approved, USCIS will send an Approval Notice (NOA2).
Step 2: Case Transfer to NVC (National Visa Center)
After approval, the case is transferred from USCIS to NVC, where a new case number is assigned.
Filling out the DS-260 Green Card Application
Document Upload and Payment at NVC:
You must provide the necessary documents and pay the relevant visa fees at NVC.
Interview Date Appointment
After processing the documents, NVC forwards the case to the U.S. Embassy in your spouse's country. The embassy schedules an interview date, and both spouses receive an email with the CR-1/IR-1 visa interview date and time.
Step 3: Medical Examination
Your spouse must undergo a medical examination conducted by a doctor approved by the U.S. Embassy.
Step 4: Embassy Interview
After successfully passing the medical examination, your spouse schedules a date and time for the visa interview at the U.S. Embassy in their country. Obtaining the CR-1/IR-1 Visa: After the visa interview is approved, your spouse will receive the CR-1/IR-1 visa in their passport.
Step 5: Entry into the U.S.
After obtaining the visa, your spouse can enter the U.S. and become a conditional resident. After two years from the date of entry, you can file a petition to remove the conditions on the green card (Form I-751).
Step 6: Obtaining the Green Card
After the CR-1/IR-1 visa interview and before entering the U.S., you will need to pay the green card fee. After entry, the green card will be sent to the address provided in the DS-260 form. Until you receive the plastic card, your visa in the passport serves as the green card.
This is a general overview of the CR-1/IR-1 visa process. Each case may have minor variations depending on specific circumstances and the country where the interview takes place.
Processing Times for I-130 Petition for CR-1/IR-1 Visa
The processing times for the I-130 petition (Family Reunification Petition) for spouses of U.S. citizens can vary significantly depending on several factors. For CR-1/IR-1 visa categories, the average processing time is approximately 8-12 months.
These timeframes are approximate and may change based on specific circumstances and the current workload at USCIS. You can track the current processing times on the official USCIS website or contact USCIS for more accurate information about the status of your petition.
How much does the CR-1/IR-1 visa cost?
The cost of the CR-1 and IR-1 visas (spouse of a U.S. citizen) can vary and includes several components. Here are the main fees associated with obtaining these visas:
Filing the petition (I-130):
The first step is filing the I-130 petition (Family Reunification Petition) with USCIS (U.S. Citizenship and Immigration Services). The filing fee for this petition in 2023 is $535, and you can find the current fees on the official USCIS website.
NVC fees (National Visa Center):
After the approval of the I-130 petition, your case is transferred to the NVC. You will need to pay NVC fees, including a processing fee and an immigration visa fee, totaling $445. The cost of these fees may also vary, and you can find the current rates on the NVC website.
Medical examination:
Before the U.S. Embassy interview in your country, both you and your spouse must undergo a medical examination. The cost of the medical examination may depend on the location where it is conducted and the age of your spouse. Typically, the price ranges plus/minus $200.
Green card fee:
After the embassy interview, you will also need to pay a fee for the issuance of the green card, which is $220.
Additional expenses:
There may be additional expenses for document translations, photos, travel to the interview, attorney fees, or document preparation service, etc.
The total cost of the CR-1 or IR-1 visa will be the sum of all the fees and expenses listed above. Exact figures may change over time, so it is recommended to check the current rates on the official websites of USCIS, NVC, and the U.S. Embassy in your country.
Requirements for CR-1/IR-1 Spousal Visa
Here are the main requirements for CR-1/IR-1 visas (spousal visas for U.S. citizens):
Marriage: For a CR-1 visa, the marriage must have taken place with a U.S. citizen before filing the petition for reunification. The marriage can be solemnized in any country.
Proof of marital status: When applying for a CR-1 or IR-1 visa, you must provide evidence of the legitimacy and reality of your marriage. This may include a marriage certificate, photographs, shared financial documents, and other evidence.
U.S. citizenship or permanent resident status: For CR-1 and IR-1 visas, the U.S. citizen must provide proof of U.S. citizenship. This can be a birth certificate or naturalization certificate, as well as a U.S. passport.
Co-habitation: You need to prove that you and your spouse have actually lived together in marriage and had a common place of residence in another country before applying for the visa.
Financial support: U.S. citizens filing petitions for CR-1 or IR-1 visas must also prove their financial ability to support their spouse after their arrival in the United States.
Medical examination: You and your spouse will need to undergo a medical examination by one of the medical providers approved by the U.S. Embassy.
Forms and documents: You must complete the relevant immigration forms, provide all necessary documents, and attend an interview at the U.S. Embassy in your country. All documents provided in a language other than English must be translated into English.
These are general requirements, and each case is individual. Before applying for a CR-1 or IR-1 visa, it is recommended to consult with a U.S. family immigration consultant or review details on the official USCIS (U.S. Citizenship and Immigration Services) website and the U.S. Embassy in your country for up-to-date information and requirements.
What is the percentage of refusals for the CR-1/IR-1 spousal visa?
The percentage of refusals for the CR-1 and IR-1 visas (for spouses of U.S. citizens) can vary depending on various factors, including the country from which the application is submitted and the specific circumstances of each case. It is important to understand that percentages may change over time.
In general, refusals may occur for various reasons, such as:
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Non-compliance with requirements: If the application does not meet all the requirements set for the CR-1 or IR-1 visa, it may be rejected.
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Insufficient provision of marriage evidence: If applicants fail to provide sufficient evidence of the legality and authenticity of their marriage, it can lead to a refusal.
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Financial inadequacy: If the U.S. citizen (or green card holder) is unable to financially support their spouse upon arrival in the U.S., this may also result in a refusal or suspension of visa issuance until financial stability is achieved or a co-sponsor is found.
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Lack of ties to the U.S.: A U.S. citizen must confirm domicile, indicating that their place of residence is in the United States.
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Medical issues: If applicants have serious medical problems that may pose a threat to public health, it can be grounds for refusal.
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Other circumstances: Sometimes there are other circumstances, such as criminal convictions, that can impact the visa issuance decision.
The percentage of refusals may also vary depending on the U.S. embassy or consulate in your country. For up-to-date information on refusal rates and requirements, it is recommended to consult the official website of the U.S. embassy in your country or contact an immigration attorney for consultation on your specific case.
USCIS will approve your petition
Your petition will be filed correctly. You will avoid the typical percentage of rejections and denials on Form I-129F. Using our system, we guarantee that USCIS will approve your petition.
What is the confirmation of domicile for the CR-1/IR-1 visa?
To obtain a CR-1 (or IR-1) visa, it is important to confirm your location (domicile) in the United States. This is one of the requirements for filing the I-130 petition (Petition for Alien Relative) and the subsequent CR-1 (or IR-1) visa process. Here's how you can confirm your domicile:
Residing in the U.S.: To confirm your residence in the United States, you must actually live there. This means having an address in the U.S. where you genuinely reside. This address will be your domicile. Typically, it is the address of the U.S. citizen filing the petition.
Proof of residence: To confirm your domicile, you must provide evidence such as utility bills, bank statements, official mail, lease agreements, and other documents that demonstrate you genuinely live in the U.S.
Taxation: It is also important to pay taxes in the United States. This may include filing tax returns and paying taxes at the federal and state levels.
Social connections: If you have social connections in the United States, such as participation in local communities, membership in clubs or organizations, this can serve as additional evidence of your domicile.
Financial activity: Proof of financial activity in the U.S., such as bank accounts and credit history, can also help confirm your domicile.
It is important to ensure that all provided material is accurate and reflects reality. The more evidence you can provide about your location in the U.S., the easier it will be to obtain a CR-1 visa.
If you married before the child turned 18, then unmarried foreign spouse's children under the age of 21 may be eligible for CR-2 or IR-2 visas. You must file a separate I-130 petition for each child.
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The filing fee for the I-129F petition is $535. After the petition is approved, there are additional expenses to consider:
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Medical examination at a USCIS-approved clinic - the cost depends on the medical facility and the country where the examination is conducted.
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Government fee at the NVC stage: $445.
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Expenses for travel to attend the interview.
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Government fee for the Green Card: $220.
You can find more detailed information in the article on the cost of the CR-1 visa.
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The spouse visa (CR-1/IR-1) involves waiting for processing outside of the country. For spouses who are waiting for their CR-1/IR-1 visa to be processed, there is a special type of visa known as a K-3 visa.
However, if you already have a tourist visa, you can visit the USA within the allowed period of stay on your tourist visa.
If you don't have a tourist visa, you can apply for a B2 visitor visa, but in 90% of cases, individuals who are in the process of waiting for an immigration visa are denied tourist visas because they have immigration intentions.
You can get married in any country. If the marriage is not conducted in the United States, you will need to translate the marriage certificate into English.
You can also get married online through Utah. After getting married (if you were not physically together at the time of marriage), you will need to meet in person, and then you will be eligible to file the I-130 petition.
Many people choose between the K-1 fiancé visa and the CR-1 spouse visa. Each visa has its advantages and disadvantages. You can learn more in our article "K-1 Fiancé Visa or CR-1 Spouse Visa - Which One to Choose?"
Petitions for CR-1/IR-1 visas for spouses of U.S. citizens are processed in a queue. However, there is a possibility to expedite the petition by filing Form I-129F. You can read more about it in the article "K3 as a way to expedite the spouse visa petition." Additionally, if you have extraordinary circumstances, you have the right to apply for an expedite. USCIS will review the application and make a decision.