What Is a CR1 Visa?
A CR1 visa, also called IR1 spousal visa, is an immigrant visa issued to an alien who is married to a U.S. citizen or permanent resident and wishes to live in the U.S. with their spouse
The CR in CR1 stands for “conditional resident.” That is because this visa is only provided to couples who have been married for less than 2 years. Similarly, the IR in IR1 stands for “immediate relative” and this visa is granted to couples who have been married for more than 2 years.
What Is the Difference Between a K3 Visa and CR1 Visa?
The K3 visa used to serve the same purpose as the CR1 does now, but this visa is obsolete and no longer serves a purpose. The K3 visa used to be the non-immigrant visa that allowed spouses of U.S. citizens to enter the U.S. and then give them the opportunity to change their status to obtain a conditional green card.
All these objectives are now fulfilled by CR1 spouse visa, at a lower cost, and in fewer steps. The CR1 visa allows spouses to have a conditional green card immediately.
Who Is Eligible for a CR1 Visa?
It is important to mention that the CR1 visa can only be initiated by your U.S. petitioner. Thus, it is essential that the petitioner:
Is a U.S. citizen or in possession of a green card.
Must be legally married to the person this process is initiated for.
Must meet the visa income requirements.
What about Children?
A child does not receive derivative status in an immediate relative petition. This is different from the K-1 fiancee visa where a child is included in his/her parent's petition. A child is not included as a derivative in his/her parent's CR-1 or IR-1 petition. A separate CR-2 petition must be filed for each child that will be receiving a visa.
Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S.
Children can receive a CR-2 or IR-2 visa and must have been under 18 years of age as of the date you were married in order to qualify for a CR-2 or IR-2 visa.
Is Residence in the U.S. Required for the U.S. Sponsor?
Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future.
How Long does it Take to get a Spouse visa?
The average time is approximately 12-18 months to get a Spouse Visa approved from the date of filing. The U.S. citizen should not arrange to take their spouse back to the United States immediately following the marriage. No travel arrangements should be finalized until a visa has been issued.
Frequently Asked Questions
Can a couple be Married Online?
Yes, an online wedding must be legal in the state in which you are married, which means you must obtain a wedding license and after you are married, you must register your online wedding with the state and they must recognize it. According to USCIS regulations, you MUST have met your spouse in person at least 1 time since the online marriage occurred. If you want to have an online wedding, please check with us first, as it must be done correctly.
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