IR1 and CR1 Visa

Best IR1 and CR1 Visa Lawyer in Dallas Texas Helping with IR1 Visa and CR1 Visa Texas

Best IR1 and CR1 Visa Law firm in Dallas Texas Helping with IR1 and CR1 Visas Reuniting Spouses in Dallas, Austin, Houston, San Antonio, Fort Worth, and Texas USA is MyStartupLawyer. We provide all types of IR1 and CR1 Visa legal services in the USA

IR1 and CR1 Visas Reuniting Spouses

What is an IR1 Visa?

IR1 and CR1 Visas Reuniting Spouses

An IR1 visa or Immediate Relative 1 visa is granted to the foreign spouse of a US citizen who has been married for more than two years. The advantage of the IR1 visa over other spousal visas is that the beneficiary gets a 10-year green card that has no conditions attached to it. Once you enter the US on an IR1 visa, you are a permanent resident immediately. You are not required to apply for a green card within the first two years; you have the option of renewing your green card after 10 years.

What is a CR1 Visa?

 

A CR1 visa is a spousal visa r for couples who have been married for less than two years. The visa is conditional – the couple has to stay married for two. At the end of the two-year period, the foreign spouse would have to apply to ‘remove the conditions on residency’. After the approval, the foreign spouse would be granted an IR1 visa or a 10-year green card. During the two-year conditional period, if the couple divorces, the CR1 visa would be nullified and the foreign spouse would be deported, unless they went back to their home country.

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Key Differences Between IR1 and CR1 Visas

  • Length of marriage: IR1 is for spouses married over two years, and CR1 is for spouses married less than two years.
  • Conditions: The CR1 visa is conditional for two years (so the partners must still be married at the end of that period), whereas the IR1 visa has no conditions.
  • Validity: The CR1 visa is an unlimited marriage visa valid for just two years, after which the conditions imposed on it have to be removed; the IR1 visa is a green card valid for 10 years.

Eligibility Requirements for CR1 and IR1 Visas

Both CR1 and IR1 visas have specific requirements:

  1. The sponsoring spouse must be a United States citizen or a Lawful Permanent Resident (green card holder_
  2. Age Requirement: The sponsor must be at least 18 years old at the time of application.
  3. Residence or Domicile: The sponsor must reside in the US or demonstrate an intent to return with the foreign spouse.
  4. Legitimate Marriage: Marriage must have been legal and the couple should be able to provide a marriage certificate as well as other evidence to prove the authenticity of the relationships (pictures, passports, etc.).
  5. Financial Support: The sponsor in the US must provide an affidavit of support (Form I-864) that outlines the financial support of their spouse with an income of at least 125% of the federal poverty line (or a joint sponsor if needed).

How to Apply for an IR1 or CR1 Visa

Filing for both IR1 and CR1 visas is a multi-step process that’s processed through USCIS and the Department of State. Here’s a general breakdown of how it works.

1. File Form I-130: 

Petition for Alien Relative The spouse who is a United States citizen or lawful permanent resident – the ‘sponsor’ – must file Form I-130 to prove that the foreign spouse is eligible for a green card. This document proves that the spouses are related and costs $535.00 to file, plus 7-10 months of processing time. USCIS may also request additional documentation.

2. Wait for a Visa Number

  • For a US citizen sponsor: An I-130 approval immediately triggers the availability of a visa number.
  • For Permanent Residents: If the sponsor is a permanent resident, the foreign spouse must wait for a visa number to become available, which could take several months or years depending on the applicant’s home country.

3. Finish Forms DS-260 and DS-261 

Once USCIS approves Form I-130, the case is transferred to the National Visa Center (NVC). The foreign spouse receives a case number and instructions to complete:

Form DS-261: Declaration of Arrangements for Processing an Immigrant Visa Application (PDF) This form lists your preferred way for the NVC to contact you and is free to file; it’s also typically processed within three weeks. 

4. Checkup and Fingerprinting Prior to the visa interview

The foreign spouse needs to undergo a medical examination by a physician designated by the US Department of State. The physician will then seal the results of the check-up and vaccination record to present at the interview. A fingerprinting appointment is also necessary, which is a matter of procedure and is not an interview.

5. Go to the Consular Interview 

The foreign spouse must appear for an interview at the US consulate or embassy in the spouse’s home country as the final step in the process. The NVC will provide the details. The interview should be taken seriously, as it is designed to verify that the marriage is legitimate, and the spouse should be prepared by gathering and bringing accurate information about the relationship. Following a successful interview, the visa will generally be granted immediately afterwards.

6. Processing Time and Costs

The entire process of applying for the visa – from gathering the forms to attending a medical examination – can take between 27 and 46 months, and costs about $____ in filing fees for the forms, medical examination fees (which are about $____) and so on.

IR1 and CR1 visas are both for foreign spouses of US citizens or lawful permanent residents, but with the key difference of being conditional for the marriage being less than two years old and being subject to removal after two years if the marriage does not still exist. The application is largely the same for both, with substantial documentation of the marriage and financial support from the US spouse. The process can take months or years but, upon completion, foreign spouses can live in the United States as legal permanent residents.

Best IR1 and CR1 Visa Lawyer in the USA

At my My Startup Lawyer, we specialize in CR1 and IR1 visas. We provide personalized service, ensuring that all forms are completed correctly, and submitted in a timely fashion. Our immigration attorneys help you compile all the required documentation and successfully navigate the many hoops you need to jump through, from the initial petition, to the consular interview. 

Whether you’re applying for a conditional or immediate relative visa, My Startup Lawyer will help you navigate the complicated immigration process for the CR1 and IR1 visas, making the process easier for you, so you can get on with the business of building a life together in the US.

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