Who is this visa for?
The IR1 or CR1 visa will enable a U.S. citizen to bring his/her foreign-citizen spouse and children (less than 21 years old and unmarried) to the USA as permanent legal residents.
Who can apply?
- A U.S. Citizen that is legally married to a foreign citizen
- Is able to support the spouse financially once he or she comes to the U.S.
- Is Living in the U.S. or will return with the foreign-citizen spouse to the U.S.
CR1 vs IR1 visa?
If by the time the green card is issued, the marriage has been in place for more than 2 years, the foreign-citizen spouse will receive an IR1 visa and the green card issued will be good for 10 years. If the marriage has been in place for less than 2 years by the time the green card is issued, the foreign-citizen spouse will receive a CR1 visa which is a conditional green card that is good for only 2 years.
When is the green card issued?
The date the foreign-citizen spouse arrives in the U.S. is the date that the CR1 or IR1 visa will become a green card.
Removal of conditions on green card
The couple will have to file for the removal of the condition on the conditional green card 90 days before the 2 years are up to change it into a 10-year green card.
How much does it cost?
| Forms and Filing Fees | Cost |
| Form I-130 (Petition for Alien Relative) | $535 |
| DS-260 (Immigrant Visa Application) | $325 |
| Form I-864 (Affidavit of Support) | $125 |
| USCIS Immigrant Fee | $220 |
| Form 751 (Removal of conditions) Not necessary for IR1 Visa | $595 |
| Biometrics Fee Not necessary for IR1 Visa | $85 |
| Total | $1,885 |
The IR1 visa costs $1,205.
What Is a “Spouse”?
A spouse is a legally wedded husband or wife. In cases of polygamy, only the first spouse may qualify as a spouse.
What are the steps?
- The petitioner will file Form I-130, Petition for Alien Relative with USCIS to establish the relationship with the foreign-citizen beneficiary. If the petitioner is applying for a spouse, the foreign-citizen spouse will have to file Form I-130A, Supplemental Information for Spouse Beneficiary but will not have to sign it since the petitioner will be filing it in the U.S. Both forms will be filed at the same time. USCIS will send the petitioner the I-797 approval notice when the petition is approved.
- The case will be sent to the National Visa Center and the petitioner will receive a letter or email assigning an invoice number, a case number, and a beneficiary ID to the beneficiary. These can be used to access the Consular Electronic Application Center (CEAC) which allows the user to upload requested documents and track the status of the case.
- The petitioner will be asked to file Form DS-261, Online Choice of Address and Agent, asking the petitioner who will be the contact person for the case.
- The petitioner will be asked to pay the fee for Form DS-260, Immigrant Visa Application ($325), and Form I-184 Affidavit of Support processing fee ($120) for each visa applicant.
- The petitioner will file Form I-864, Affidavit of Support, and scan and upload all supporting documents through the CEAC website.
- The beneficiary will file Form DS-260, Immigrant Visa Application through the CEAC website.
- The NVC will ask for civil documents that will need to be scanned and uploaded to the CEAC website. These documents will vary by country so check this State Department link.
- Once the NVC has all the documents, it will notify the beneficiary, the applicant, and the agent when a visa interview appointment is available at the U.S. Embassy in the country where the beneficiary lives.
- The beneficiary will schedule a medical examination for all visa applicants. Each U.S. Embassy will have its own procedure to follow. Check here what documents will be required for the medical examination. After the examination, the beneficiary will be given a sealed envelope to take to the embassy or the result may be sent directly to the embassy.
- The beneficiary will bring all the original documents uploaded to the CEAC website as well as copies. Documents that are not in English need an official translation. The affidavit of support form and supporting documents are not required. Other required documents are:
- A copy of the NVC visa interview letter
- A passport valid for 6 months beyond the date of the intended travel for each person applying
- Two 5 cm x 5 cm recent passport color photographs of each person applying
- The printed confirmation page for the Form DS-260
- If the visa is approved, the US Embassy will give the beneficiary a sealed envelope containing documents that must be given to U.S. customs and border protection authorities on arrival at the airport in the U.S.
- Each visa applicant will need to pay the USCIS immigrant fee of $220 after obtaining the visa and before flying to the U.S.
- The beneficiary must enter the United States before the expiration date of the visa.
- The green card will be mailed to the U.S. address that the petitioner filled out in the visa application form.