IR and CR Spouse visas: what you need to know

GovAssist Legal?specializes in U.S. immigration law, but also supports many nonimmigrant U.S. visa applications for foreign nationals. This article is part of a series responding to general, frequently asked questions from amongst our clients - and as such, does not include any legal advice.

If you are a U.S. citizen or Lawful Permanent Resident (LPR), and you are married to a non-U.S. person, it is only natural that you would want to reunite with your spouse once you have fully settled into your new life in the U.S.

Spouse visas enjoy the highest level of priority from the USCIS amongst all the direct relative immigrant visas - but there are a few things to consider before you get working on your application. Let’s go through the most important stuff you should know.

The difference between IR-1 and CR-1 visas

Both spouse visas are intended for foreign citizens married to a U.S. citizen, who wish to enter the U.S. in order to live and work there on a permanent basis. There are 2 main types of spouse visa: the IR-1 (Immediate Relative) and CR-1 (Conditional Resident).

The IR-1 visa is intended for foreign spouses of U.S. citizens who have been married for more then 2 years. If the application is successful, the applicant will directly receive full LPR status, and a Green Card. This comes with the right to live and work in the U.S. indefinitely, and without “conditions” in the sense that their status does not depend on their marriage to a U.S. citizen going forward. Their Green Card, as for all LPR status holders, can only be lost if they commit a crime, fail to report a change of address, or leave the United States unannounced for more than 6 months.

The CR-1 visa is the spouse visa granted to newlyweds, or any foreign applicant who has been married to their U.S. spouse for less than 2 years. In this case, they will receive a conditional resident status, with a Green Card that is valid for only 2.5 years and is dependent on them staying married to their U.S. spouse for that period. Before their first Green Card expires, conditional residents need to apply for removal of conditions in order to receive full LPR status.

Same-sex spouses of U.S. citizens are treated on the same basis as heterosexual couples, as long as their marriage is legally valid in the jurisdiction where they got married. The processing of a spouse visa will take anywhere between 3 and 6 months to complete.

Requirements for the Petitioner

The person petitioning the visa must be a U.S. citizen, be legally married to the person they are petitioning for, and be able to demonstrate that they meet the minimal financial requirements. In order to sign an Affidavit of Support, the petitioner must be at least 18 years of age - although for the actual petition there is no formal minimal age requirement; therefore in some situations, the affidavit of support may be signed by another person than the petitioner.

If you applied for a visa for your spouse while you were a Green Card holder, and obtained U.S. citizenship in the meantime, you should upgrade your petition to receive Immediate Relative preference.

As a U.S. citizen living abroad, you may still be able to file an immigrant visa petition for your foreign spouse from outside the U.S., by reaching out to your local Embassy or Consular Office.

The application process

1. File a Petition for Alien Relative (Form I-130)

The U.S. spouse should file Form I-130 with the USCIS to initiate the process. The foreign spouse cannot start their visa application until the Petition is approved; Form I-130 is what clarifies the family relationship and the eligibility of the petitioner.

Along with the Petition, you will be filing an Affidavit of Support demonstrating that you dispose of the required financial means.

2. Pay the applicable filing and biometric fees

USCIS fees are non-reimbursable, regardless of whether your application gets approved or not. Therefore, make sure your application is as solid as it can be to avoid losing your money!

3. Gather the required documentation

You will need to compose a convincing evidence pack demonstrating that your relationship is legitimate, including private correspondences, pictures and receipts of activities conducted together.?

4. Attend the Consular Interview

Once you receive your interview appointment, your evidence pack should be complete and you should be ready to present your case to the Consular Officer. At the end of the interview, you will be told if your application is approved or rejected.

A few essential tips

Make sure your evidence pack is a strong as possible: include wedding photographs, pictures or videos of family trips, holidays or activities; joint bank accounts, mortgage contracts or other financial commitments are also very good pieces of evidence. Even text messages, social media exchanges or postcards can go a long way to establish the authenticity of your marriage.

Know your spouse well: know their hobbies, preferences, close relatives and as many other details of their life story as you can.

Prepare for the Consular Interview: before you go to the Embassy, make sure to rehearse your story so that you can deliver a clear, concise and complete picture to the officer in charge of your case.

If any of the above sounds potentially concerning, or just confusing to you, reach out to one of our experienced visa and immigration professionals and find out what the best path is for your situation. All cases are unique, and their is never a one-size-fits-all answer when it comes to U.S. immigration.