IR-1 CR-1 Visa Explained
What Marriage Green Card
The Marriage or the spouse Green Card allows a foreign national who is married to a US citizen to permanently relocate to the United States. This includes allowing them to attend school and work in the United States. This immigrant visa allows the couple to stay together and live in the same nation. They are free to relocate anywhere in the United States and begin a new life.
The foreign spouse is permitted to obtain US documents, travel in and out of the country for specified lengths of time, receive a driver's license, and open bank accounts, among other things. After a specified amount of time has elapsed and the foreign spouse has met all of the conditions of their Green Card, they can petition for US citizenship. In addition, if the couple has a child, the child will immediately become a citizen of the United States.
To prohibit couples from marrying solely for the purpose of obtaining a Green Card, the US government has created two categories of marriage Green Cards:
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Conditional Resident Spouse Visa (CR1)
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Immediate Relative Spouse Visa (IR1)
What is CR-1 and IR-1 visa
CR-1 Visa
If the pair has recently married and the foreign spouse wishes to apply for a Green Card, they must apply for the Conditional Resident Spouse Visa, also known as the CR1. This visa allows the foreign spouse to immigrate to the United States and obtain a Green Card if the pair stays married for at least two years.
IR-1 Visa
After two years of marriage, the foreign spouse can apply for an Immediate Relative Spouse Visa (IR1), which provides them with a more permanent status and is not limited to a two-year validity period. If the couple divorces or separates before the two-year CR1 visa expires, the foreign spouse will be deported to their native country because their status is no longer legitimate.
What Are the Requirements for the IR1 visa?
There are a number of conditions for a couple wishing to apply for an IR1 visa. The spouse from a foreign nation will not be able to apply for an IR1 visa unless they meet these standards.
Be legally married
The most important need is that the pair be lawfully married. This is necessary to prevent fraudulent marriages for the aim of obtaining a Green Card from being granted an IR1 visa. Furthermore, under US laws and regulations, a couple who is merely living together is not deemed married.
Be a U.S. citizen
The third stipulation is that one of the spouses must be a US citizen with a legitimate US address who may support the other from afar until both of them have sufficient financial resources to maintain themselves.
Documents Needed to Apply for a Green Card Through Marriage
The NVC must receive the supporting documentation, and the file must include the following:
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Your passport must be valid for at least 6 months after you scheduled entry into the United States.
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The US petitioner (applicant's spouse) must sign Form I-864, Affidavit of Support.
Confirmation page for Form DS-260.
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Medical records and immunization certificates
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Proof of marriage documents. This could be:
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Documents proving the marriage,
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could be wedding albums honeymoon places
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Receipts from their wedding party and organization, etc.
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A document proving the marriage is legitimate
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According to the US Visa Photo Requirements, each individual must submit two pictures.
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Police certificate and/or court and criminal records
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You must bring your service records if you served in the military.
What are the IR1 Visa Fees?
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$535 for the petition.
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$325 for the visa application (Form DS-260 fees).
Applying for the IR1 visa
Because the number of Immediate Relative Visas given each year is not limited, applicants do not have to wait for their priority dates to become current. The applicant in the foreign country can commence their application as soon as the petition is granted by USCIS. This is done in a US Consulate or Embassy.
File Form DS-260
All candidates for immigrant visas must fill out Form DS-260, Immigrant Visa Electronic Application. The NVC case number, which links it to your case and the accepted petition, can be used to access the application. The IR1 visa application, or someone who is assisting them, must complete all required parts, which will include questions about the applicant's information, background, and reason for moving to the United States. You will receive a confirmation page and number after submitting the DS-260 form, which you must include with your supporting documents.
Medical examination and vaccination
The United States has medical and vaccine regulations for its residents and immigrants. Anyone who wishes to immigrate to the United States must undergo the proper medical examinations and vaccinations. The NVC packet that the applicant got after the petition was approved would detail the medical treatments and immunizations that the applicant must undergo. The documentation and check-ups must be completed and signed by a registered doctor. These documents will be included to your supporting file and sent to the NVC.
Documents
You can apply for a marriage-based Green Card after your wedding. Best of all, your children on a K2 visa (dependent minors under the age of 21) will be eligible for permanent residency through your marriage-based Green Card. While they are applying for a marriage-based Green Card, a foreign spouse who is already married to a US citizen can move here on a K3 visa.
Interview
Every immigrant who wants to come to the United States must go to an interview at the US Embassy or Consulate where they want to apply. The NVC will confirm that you have provided all required documents before scheduling your interview.
NVC packet and travel to the US.
If the IR1 visa is approved, the foreign spouse is permitted to travel to the United States. The visa will be stamped in their passport, and they will get a package from the Embassy that they must bring with them to the United States when they arrive. Under no circumstances should this package be opened. Only US immigration officers at any US port of entry are permitted to open it and determine whether or not the applicant is permitted to enter the country.
IR1 Visa to Green Card
Because you have already confirmed the legitimacy of your marriage, an IR1 visa opens the way to a green card. To become a lawful permanent resident of the United States, you must submit a petition to the USCIS and spend a certain length of time in the country. Then you must file a new application, Form I-458, Application to Register or Adjust Status, to modify your status. You will receive your green card once it has been validated, processed, and authorized.
Conclusion
For anyone, marrying someone and being able to live with them is a dream come true. Even if it's difficult for a US citizen to marry a foreign national, it's worth it. It's also crucial to seek legal guidance from an experienced attorney before filing this application.
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