Visa Planning: Cr1 Application Before The Wedding

The CR1 visa is a conditional resident visa for spouses who have been married for less than two years. It allows the spouse of a U.S. citizen or permanent resident to live in the U.S. with their partner. To apply for a CR1 visa, you must provide a valid marriage certificate and proof that your relationship is genuine. This can include evidence of cohabitation, joint financial documents, and photographs. The processing time for a CR1 visa is approximately 13 months, and the cost is $1,220. It's important to note that the CR1 visa is only valid for two years, after which the spouse will need to apply for an IR1 visa.

CR1 visa requirements

The CR1 visa is a type of immigrant visa issued to the foreign spouses of US citizens and green card holders. It is also known as the "Conditional Resident Spouse Visa". If you have been married for less than two years, your spouse will typically receive a CR1 visa and a green card valid for two years. After this probationary period, they can apply for a full 10-year green card.

US Citizen or Permanent Resident Requirement

To bring your foreign spouse to the United States, you must prove that you are either a US citizen or a lawful permanent resident (LPR). The following documents are accepted as evidence:

• US birth certificate
• Statement from a consular officer verifying citizenship
• Form FS-240 issued by the US Department of State
• Certificate of Naturalization or Certificate of Citizenship
• Passport card issued by the Department of State
• Green card (permanent resident card)

Financial Requirements for CR1 Visa Sponsorship

You must fill out a Form I-864, Affidavit of Support, to prove that you can financially support your spouse after they enter the US. The income requirements are determined by the Federal Poverty Guidelines (FPG), with an annual income of at least $25,550 for a household of two in 2024.

US Domicile Requirement

Your domicile is your permanent legal residence—where you intend to live indefinitely. To sponsor an immigrant for a visa, you must have an established domicile in the US. This typically means currently living in the country, but there are exceptions, such as if you can prove that your current international residence is temporary.

Marriage and Spouse Requirements

A spouse is a legally recognised husband or wife. You must be able to produce a valid marriage certificate or alternative evidence to demonstrate that you are in a marriage legally recognised by the jurisdiction in which it occurred. If either you or your spouse was previously married, you must provide evidence that the marriage(s) ended.

Grounds of Inadmissibility under US Immigration Law

If your spouse meets any of the following conditions, they may be deemed inadmissible under US law:

• Criminal Grounds, including crimes involving moral turpitude, controlled substances, aggravated felonies, and multiple criminal convictions
• National Security concerns, including terrorism, espionage, subversion of government, and certain criminal activities with national security implications
• Immigration Violations, such as overstaying visas, unlawful presence, and unauthorized employment
• Fraud or Misrepresentation, including providing false information or concealing facts during the application process
• Health Reasons, such as carrying communicable diseases, non-compliance with vaccination requirements, and a history of substance abuse or mental illness linked to violent behavior
• Public Charge, meaning immigration authorities think it's likely your spouse could become dependent on government assistance
• Foreign Residence Requirements of certain J visas, which mandate that holders must return to their home countries for at least two years

CR1 Visa Application Process Requirements

#### Filing a Form I-130, Petition for Alien Relative

The Form I-130, Petition for Alien Relative, is the first step in bringing your spouse to the US as a permanent resident. You file this form with the United States Citizenship and Immigration Services (USCIS) as the petitioner and sponsor for your foreign spouse.

#### USCIS and National Visa Center Stages

Once the required forms and evidence have been submitted, USCIS will review the petition and, if approved, send it to the National Visa Center (NVC) for further processing. The NVC will ask your spouse to complete two online forms: the DS-261, Online Choice of Address and Agent, and the DS-260, Online Immigrant Visa and Alien Registration Application. After completion, the NVC will forward the case to the US Embassy and provide details about a visa interview appointment.

#### Consular Processing and Visa Interview

Before the interview, your spouse must prepare the required documents and attend a medical exam with an authorised physician, receiving all vaccinations required for US immigrant visas.

At the visa interview, your spouse will be asked about their personal history and your relationship. They must answer every question honestly while under oath.

Post-Approval CR1 Visa Requirements

If your spouse's visa is approved, it is valid for travel to the US for 6 months from the date of their medical exam. Your spouse must enter the US during this period to activate their permanent residency status and receive their green card. The conditional green card is valid for two years but can be renewed no more than 90 days before its expiry.

CR1 Visa Costs and Fees

• Form I-130 Immigrant Petition Filing Fee: $675 (if filed by mail) or $625 (if filed online)
• Immigrant Visa Application (DS-260) Fee: $325
• Immigrant Medical Examination: $100-$500 per person (varies by country)
• USCIS Immigrant Fee: $235
• Document Costs: Costs for acquiring government documents like passports, birth certificates, photocopies, notarizations, and travel expenses

IR1 visa requirements

To qualify for an IR1 visa, you must apply via "consular processing". Here are the specific IR1 visa requirements:

• The sponsor must be a U.S. citizen or legal permanent resident.
• The couple must be lawfully married and provide a valid marriage certificate.
• The authenticity of the marriage must be proven with evidence, such as photographs, flight itineraries, and so on.
• The sponsor must pledge to support their spouse financially and file an affidavit of support. They must have the means to support their household at 125% of the federal poverty level. If the sponsor doesn't meet the income requirements, they can use a joint sponsor.
• The sponsor must have a U.S. domicile, meaning they must either live in the United States or prove they plan to return to the United States with their foreign spouse.

CR1/IR1 visa costs

The CR1/IR1 visa costs for the applicant include:

• $675 (paper) or $625 (online) for processing the Immigrant Visa Application (DS-260)
• USCIS Immigrant Fee (if outside the US)
• I-485 Filing Fee (if inside the US)
• Immigrant Medical Exam fee (varies depending on the country)

The USCIS Immigrant Fee is currently $220. The Immigrant Medical Exam fee at the Embassy in Buenos Aires is $5000 Pesos (about $48 USD), while the Hanoi Embassy charges $275 for applicants over 15.

If you are applying for a CR1 visa, you will also need to pay a $750 filing fee for the I-751 form to remove the conditions on your visa after two years.

There are also other costs to consider, such as translators, photocopying, obtaining official documents (e.g. birth certificates, passports, and police certificates), and travel expenses to the interview.

CR1/IR1 visa processing times

The CR1/IR1 visa process involves 12 steps, and the average timeline for the entire process is 17 months. However, this can vary depending on factors such as the nationality of the applicant, the workload of the relevant departments, and the quality of the application. The steps are as follows:

• U.S. Citizenship and Immigration Services (USCIS) Filing: Form I-130 application is mailed to USCIS.
• Notice of Action 1 (NOA1): Petition is received by USCIS.
• Notice of Action 2 (NOA2): Petition is approved or denied by USCIS.
• National Visa Center (NVC) Phase: USCIS forwards cases to NVC and collects fees and documents.
• NVC to Embassy: NVC forwards your case to the U.S. Embassy in the foreign spouse's home country.
• Embassy Letter: Embassy contacts you with further instructions.
• Medical Exam: Foreign spouse schedules and completes the required medical exam.
• Embassy Interview: The foreign spouse is interviewed by the consular officer at the U.S. Embassy.
• Visa Issued: The visa is pasted into the passport and the passport is returned to the foreign spouse.
• Immigrant Fee: The immigrant fee is paid online.
• Travel to U.S.: Foreign spouse has 6 months to enter the U.S.
• Green Card Issued: The green card is mailed to the home address within 2 to 4 weeks after arriving in the U.S.

The first step, USCIS filing, involves the U.S. citizen in the relationship submitting an I-130 petition for an alien relative to the USCIS. Once the petition is approved, it is sent to the National Visa Center (NVC), where the applicant is assigned a case number. The NVC will then notify the applicant about any necessary fees and paperwork. This includes Form DS-260, the actual green card application, and Form I-864, the affidavit of support. The applicant must also undergo a medical examination and submit any required vaccinations.

After receiving the paperwork from the NVC, the local U.S. Embassy or Consulate will send a letter notifying the applicant of the interview date and time. The applicant must bring all relevant documentation and their passport to the interview. If approved, the visa will be placed inside the applicant's passport, and they will receive a sealed envelope containing their documents. The visa is valid for 6 months following the medical exam, and the applicant must enter the U.S. within this period.

The current wait time for a CR-1 or IR-1 visa is approximately 9.3 months, but this can vary depending on whether the applicant is married to a U.S. citizen or green card holder. The processing time for Form I-130 is around 12 months, but this can also vary depending on the service center. If the applicant is not married to a U.S. citizen, they may need to wait for a visa to become available, and can check the Visa Bulletin for estimated wait times.

CR1/IR1 visa application process

The CR1/IR1 visa application process can be complex and tedious, but careful preparation can help increase your chances of a successful application. Here is a detailed step-by-step guide to the CR1/IR1 visa application process:

Step 1: Gather Relevant Documents

First, you must gather evidence that proves your marriage is authentic. This includes proof of cohabitation, financial documents showing joint ownership, photographs from your wedding, trips, or any other evidence of your marriage, and so on. Remember that the authenticity of your marriage must be established.

Additionally, your spouse must have a principal residence in the United States and intend to keep that residence. There are exceptions for temporary foreign residences, especially for military personnel.

Step 2: Submit a Petition

The U.S. citizen spouse will initiate the process by submitting Form I-130, a petition for an alien relative, to the United States Citizenship and Immigration Services (USCIS). This form must be completed and filed with the USCIS, and there is a $535 fee associated with this form.

Once the I-130 petition is approved, it is sent to the National Visa Center (NVC), where your case will be assigned a number, and you will receive login information for the Consular Electronic Application Center (CEAC).

Step 3: Affidavit of Support and Fee Payments

Your spouse will also need to sign Form I-864 or Form I-864EZ, an affidavit of support, pledging financial support for their spouse. Processing fees must also be paid at this stage. These include the biometrics fee ($85) and the USCIS Immigrant Fee ($220).

Step 4: Online Application

The NVC will instruct you to complete an online visa application, Form DS-260, which is the actual green card application. This form asks for information about your background, work, and education history. You will also need to complete Form DS-261, which provides the State Department with your preferred communication methods.

After submitting these forms, you will need to collect, scan, and submit any required supporting documents.

Step 5: Interview

You, your spouse, and any qualified children will participate in an interview at your local U.S. Embassy or Consulate. You will need to bring your appointment letter, passport, photographs, DS-260 confirmation page, and any supporting documents to the interview. Any unpaid fees must also be paid at this stage.

If you cannot attend the interview, it is crucial to contact the Embassy or Consulate as soon as possible to reschedule. Failure to notify the Embassy or Consulate of your absence may result in your case being terminated and your petition canceled, and you will not receive refunds for any fees paid.

Step 6: Approval or Denial

If your application is approved, your visa will be placed inside your passport. In the case of denial, the consular officer will inform you of the reason for your ineligibility. If there is insufficient information to process your application, you may appeal the decision if you believe there was an error.

Additional Steps for CR1 Visa Holders

If you receive a CR1 visa, remember that it is valid for two years, and you will need to take additional steps to remove the conditions on your permanent resident card. Both spouses will need to complete and submit Form I-751, a petition to remove conditions on residence, within 90 days of the two-year anniversary of your arrival in the United States. Similar proof of your authentic marriage will need to be submitted with this form.

Processing Times and Costs

The processing time for the CR1/IR1 visa varies depending on factors such as whether your spouse is a U.S. permanent resident or citizen and the service center. The current wait time is approximately 9.3 months, but it can be much longer for foreign nationals married to green card holders. The processing time for Form I-130 can range from 10 to 25 months.

There are various costs associated with the CR1/IR1 visa application process, including processing fees for multiple forms, medical examinations, required vaccinations, translators, obtaining official documents, and travel expenses.

The CR1/IR1 visa application process is intricate, and it is beneficial to be well-informed about the requirements and potential challenges. By carefully following the steps outlined above and seeking legal assistance if needed, you can increase your chances of a successful application and make the process smoother.

Frequently asked questions