CR-1 and IR-1 Visas

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The CR-1 and IR-1 visas are immigrant visas that allows a spouse of a U.S. citizen to enter the U.S. as a Conditional Resident (hence the abbreviation, "CR"). The difference between the two is the length of the marriage. If the couple has been married for less than two years, the foreign spouse may receive a CR-11 visa. If the couple has been married for more than two years, the foreign spouse may receive an IR-1 visa. Since 2015, same-sex spouses of U.S. citizens and lawful permanent residents, along with their minor children, are eligible for the same immigration benefits as opposite-sex spouse.

 

The CR-1 visa is known as a Conditional Resident visa and grants a foreign spouse conditional permanent residency. Typically, foreign spouses that receive a CR-1 visa will receive U.S. work authorization within a few of months of receiving their green card. Since permanent status is considered conditional, the newly married couple must apply to remove conditional status jointly to prove that the foreign spouse did not get married to a U.S. citizen merely to evade U.S. immigration laws. This must be done before the two-year visa expires. Often, the couple will start the process ninety days prior to the visa expiration date.

 

The IR-1 (Immediate Relative) visa is issued to foreign spouses who have been married to a U.S. citizen for a period longer than two years. The IR-1 visa is very similar to the CR-1 visa with the primary difference being that an IR-1 visa recipient will be given unconditional permanent resident status and be able to work immediately when they arrive in the U.S.

 

Eligibility Criteria

• In order to apply for a CR-1 or IR-1 visa, a foreign citizen must be legally married to a U.S. citizen.

• Common-law marriages are sometimes, but not often, recognized by USCIS, dependent on the laws regarding common-law marriages in the country where the marriage took place.

• There are no age requirements for a U.S. citizen to file the Petition for Alien Relative, there are age requirements for the U.S. citizen to file an Affidavit of Support which may be necessary if the foreign spouse cannot prove that he/she will be able to financially support themselves when they immigrate to the U.S.

• The U.S. citizen must also maintain primary residence (domicile) in the United States to petition for their spouse, and must also live in the United States to file an Affidavit of Support.

 

Contact us to discuss your situation and see if the CR-1 or IR-1 visa is appropriate to your needs.

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