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If you’re a spouse of a US Citizen, and looking to move to the US, there are two main visas that may be best for you – CR-1 and IR-1 spouse visas. In this post, we’ll go into more detail about both, and which one is for you.
Differences between CR-1 and IR-1 visas
While very similar, there is one large difference between CR-1 and IR-1 visas, which revolves around the residence status of your spouse.
CR-1
A CR-1 visa is specifically designed to be granted to the spouse of a conditional resident. If you receive this visa, you will have the right to live and work in the United States. It’s important to note that a CR-1 will require that you file a Form i-751 to remove the conditions, and receive a 10-year green card.
IR-1
Similarly to the CR-1 visa, an IR-1 visa is also issued to spouses both in and outside of the US, whereas in this case, it is only issued to spouses married for more than two years. When your application is accepted, you will immediately receive permanent resident status, with a 10-year green card.
IR-1 and CR-1 visa requirements
While anybody can apply for a IR-1 or CR-1 visa, there are requirements that must be met in order to be considered for visa issuance. These include;
- Legal marriage
- Eligibility of the U.S. sponsor
- Proof of genuine relationship
- Financial requirements
- Medical examination
- Background checks
For further information on the requirements listed, see our IR-1 and CR-1 visa page.
The application process
Regardless of which visa you have applied for, there are multiple steps that will take place during your application process.
I-130 form filing
Firstly, your spouse will need to file a Form I-130 (Petition for Alien Relative) with the U.S. Citizenship and Immigration Services (USCIS). Our team at Blue Lake Law can help you with this process – our team has a 100% application success rate.
Approval and Transfer
Once your application has been approved, your case will be transferred to the National Visa Center (NVC). You will then be sent a package, with instructions on how to proceed with the process.
Document submission & medical Examination
Next, you’ll be required to submit any requested documentation to the NVC, and attend an embassy-approved physician for a physical examination. Blue Lake Law can help you find a list of approved physicians within your local area.
Visa Interview
Once the NVC has processed your submitted documents, your local U.S. Embassy will be in contact with you with details of your visa interview. During this interview, you will be required to answer questions about your unique case and applications while under oath.
Issuance of your IR-1 or CR-1 visa
If additional information is required, you will be contacted with further instructions. Otherwise, you can expect to receive a response within a week following your interview. If your application is approved, a visa will be stamped in your passport, and in some cases you may also receive a sealed envelope containing your documents.
What visa is right for me?
Depending on the length of your marriage, and your immediate plans, one of these visas will be better suited for you. If your spouse is a conditional resident of the United States, then the CR-1 visa will fit your needs. If you and your spouse are residing outside of the USA, then the IR-1 is better suited for you.
If you need help with understanding which visa you should apply for, or need help with the application process, get in touch with Blue Lake Law today – our team has maintained a 100% acceptance rate, and helped hundreds of people immigrate to the United States.
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