CR1 OR IR1 VISA
A CR1 or IR1 Spousal Visa is an immigrant visa issued to an alien who wishes to enter the U.S. to live and stay with their U.S. citizen or permanent resident spouse.
The “CR” from CR1 stands for conditional resident and is applicable to couples who’ve been married fewer than 2 years.
The “IR” from IR1 stands for immediate relative and is applicable for couples who’ve been married 2 years or longer.
The CR1 and IR1 visa comes with a permanent residency card (green card), unlike K visas.
To petition your spouse for a CR1 or IR1 visa, you must:
- Be a U.S. citizen or permanent resident aged 18+
- Be legally married to your spouse
- Meet the visa income requirements
The basic steps to the spouse visa process are as follows:
- USCIS Filing– Petition is mailed to the USCIS.
- Notice of Action 1 (NOA1)– Petition is received by USCIS.
- Notice of Action 2 (NOA2)– Petition is approved or denied by USCIS.
- NVC Phase– USCIS forwards case to NVC and collects fees & documents
- NVC to Embassy– NVC forwards your case to the U.S embassy in the nation of origin.
- Embassy Letter– Embassy contacts you with further instructions.
- Medical Exam– Alien schedules and completes required medical exam.
- Embassy Interview– Alien is interviewed by consular officer at the U.S. Embassy.
- Visa Issued– The visa is placed into the passport and passport returned to alien.
The CR1/IR1 Visa Process:
Prior to 2018, this timeline was much faster. Due to the new administration’s immigration focus, the timelines for all visa types have been extended greatly. Currently, as of 2019, the average timeline from the initial application to the time the visa is granted is between 7 and 10 months. The time can be shorter or longer depending on your country.
Some of the factors that can affect your timeline are:
- The alien’s country
- The current USCIS & NVC workload
- The quality of the petition you submit
- Natural disasters/war/terrorism
The Government Cost & Fees:
The cost of the spouse visa process is not insignificant. Government fees are fixed, but other costs will vary depending on your unique situation.
- USCIS Filing Fee: $535
- NVC Fee: $445
- USCIS Immigrant Fee: $220
- Total Government Fees: $1,200
At the end of the process, the alien spouse will be required to take an embassy interview with a consular officer. This will be conducted at a U.S. embassy that processes immigrant visas, often in the alien’s country.
The consular officer will ask a few interview questions which will allow them to make a final determination of visa denial or approval. The interviewer’s goal is to make sure there is no potential immigration fraud. If the officer approves the visa, the passport will be returned with the granted visa within a few days.
After Visa Issuance:
The CR1 visa is valid for 6 months after it’s granted. But unlike the K1 visa, the CR1 visa comes with a green card. This nullifies the need for adjustment of status. This option can be beneficial if the alien spouse intends to work legally in the U.S. shortly after arrival. It also helps if the spouse wants or needs to exit the U.S. unexpectedly, as there would be no need to acquire future visas to reenter the United States.
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