IR-1 / CR-1 Spouse Visas are immigrant visas issued to foreign spouses of US Citizens. After the US citizen spouse files (and has approved) the proper petition with the USCIS, the foreign spouse will complete the visa process completely outside the US. Upon approval and once issued, the foreign spouse may enter the US with their visa and pass through the arrival Port of Entry, where they will become a Permanent Resident immediately. They will receive a Permanent Resident Card (Green Card) in the mail at their US Address within a few weeks. The process for applying for a CR1 Spouse Visa is as follows:

Who is eligible to apply?

U.S. citizens legally married to a foreign national may petition for an IR-1 / CR-1 visa. If the marriage is less than two years old, the consulate will issue a CR-1 Visa (and if longer than two years it will issue an IR-1 Visa). The primary difference between these two visas is that a CR-1 Visa will result in a Conditional Permanent Residency (requiring a petition to be filed later to lift this conditional status) versus an IR-1 Visa resulting in full Permanent Residency upon arrival in the US by the foreign spouse.

Forms Needed to File for an IR-1 / CR-1 Spouse Visa

The following forms are needed while filing for a Spouse Visa:

● The payment as required by USCIS.

● Cover Letter. Should include a description of what you are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.

● Form I-130: Petition for Alien Relative

● Copy of the full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen’s passport. This is used to establish citizenship.

● A copy of petitioner’s proof of naturalization. (If applicable)

● A copy of petitioner’s proof of permanent residency. (If applicable)

● A copy of the intending immigrant’s birth certificate and/or passport along with English translation. (If in any language other than English) (no longer needed)

● A copy of your marriage certificate (If not in English then again get a translation)

● If either you or your spouse was previously married, submit copies of documents showing that all prior marriages were legally terminated (court certified copies of the petitioner’s and/or intending immigrant’s divorce documents).

● A copy of a prior spouse’s death certificate. (If one or both of you were married before, and the prior spouse died)

● Two passport-type photos of the petitioner.

● Two passport-type photos of the non-US Citizen spouse.

● Form I-130A: Supplemental Information for Spouse Beneficiary

● Evidence of a bonafide marriage

What constitutes a bona fide marriage?

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonafide marriage. They list examples of acceptable evidence as:

● Documentation showing joint ownership or property; or

● A lease showing joint tenancy of a common residence; or

● Documentation showing co-mingling of financial resources; or

● Birth certificate(s) of the child(ren) born to you, the petitioner, and your spouse together; or

● Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner or beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or

● Any other relevant documentation to establish that there is an ongoing marital union.

Mail the I-130 Package to the USCIS

You should mail the completed form(s) to the proper USCIS Lockbox (Note the location & PO Box address for your filing type: stand-alone). Mail the package with return receipt requested / delivery confirmation. Send via USPS.

What happens after filing for the Visa?

A few weeks after you have sent your petition to the USCIS, you will receive a Notice of Action (aka NOA) letter indicating that they have begun processing your I-130 application. A while later, you will receive a call for an interview for the visa, upon passing which your spouse should be able to gain entry to the US permanently. Thus, the process of filing for an IR1 Visa has been demystified.