Conditional Permanent Residence (CR-1, IR-1)

1. What is the difference between a CR-1 and an IR-1 visa?


A CR-1 visa is a Conditional Permanent Resident visa, and it is issued to the foreign spouse of a U.S. citizen. An IR-1 visa is an Immediate Relative visa, and it is issued to the foreign spouse of a U.S. citizen who has been married for two years or longer. The main difference between the two visas is that a CR-1 visa is valid for two years, while an IR-1 visa is valid for ten years.

2. What documents should I provide to apply for a CR-1 or an IR-1 visa?


For a CR-1 or IR-1 visa, you will need to provide a valid passport, evidence of a valid marriage (such as a marriage certificate), evidence of your U.S. citizen spouse’s U.S. citizenship (such as a copy of your spouse’s birth certificate or passport), evidence that all prior marriages of both parties were legally terminated (if applicable), proof that your marital relationship is bona fide (such as joint bank statements, photos, and affidavits from friends and family), and evidence of financial support for the intending immigrant (such as tax returns, pay stubs, and proof of assets).

3. How long does it take to process a CR-1 or an IR-1 visa?


The processing time for a CR-1 or IR-1 visa can vary depending on the location and the current processing status. Typically, the processing time takes between 6 to 12 months.

4. What is the financial requirement for obtaining a CR-1 or an IR-1 visa?


The financial requirements for obtaining a CR-1 or an IR-1 visa vary depending on the location of the applicant. Generally speaking, an applicant must show that they have sufficient financial resources to support themselves in the United States. This includes having access to funds for travel, medical needs, and the costs associated with transitioning to life in the U.S. In addition, a sponsor in the U.S. is usually required to demonstrate sufficient financial resources to support both the visa applicant and any dependents coming to the U.S., including children under 21 years of age. The sponsor must also have income that meets or exceeds 125% of the federal poverty guidelines.

5. How does the medical examination process work for obtaining a CR-1 or an IR-1 visa?


The medical examination process for a CR-1 or IR-1 visa involves a physical examination, tuberculosis screening, and syphilis screening. The medical examination must be completed by a doctor who is authorized to conduct civil surgeon examinations, and the results are usually sent directly to the embassy or consulate where the applicant will be interviewed. The applicant must submit the medical exam form to the embassy or consulate before the visa interview. In some cases, additional tests may be required.

6. How do I prove that my marriage is real when applying for a CR-1 or an IR-1 visa?


To prove that your marriage is real when applying for a CR-1 or an IR-1 visa, you must provide evidence of a valid marriage between the two of you. This evidence can include: copies of your marriage certificate, joint bank accounts, photos, insurance policies naming both spouses, and/or sworn affidavits from family and friends attesting to the validity of your marriage. Additionally, you should include evidence that you and your spouse have lived together in the past, such as rental agreements, utility bills, or travel documents.

7. Can my spouse enter the US while my application for a CR-1 or an IR-1 visa is pending?


No, your spouse is not eligible to enter the US while your application for a CR-1 or an IR-1 visa is pending. Your spouse will have to wait until the application has been approved and the visa has been issued.

8. Can I work in the US on a CR-1 or an IR-1 visa?


Yes, you can work in the US on a CR-1 or an IR-1 visa. However, you must first obtain an Employment Authorization Document (EAD) from the U.S. Citizenship and Immigration Services (USCIS).

9. What happens if my application for a CR-1 or an IR-1 visa is denied?


If your application for a CR-1 or an IR-1 visa is denied, you will be notified by the US Department of State and your visa fee will not be refunded. You may reapply if you believe that the decision was in error. However, if the denial was based on an ineligible status or a failure to present the required documents, it is unlikely that a new application will be approved.

10. What is the biometrics appointment for a CR-1 or an IR-1 visa application?


The biometrics appointment for a CR-1 or an IR-1 visa application is an appointment with U.S. Citizenship and Immigration Services (USCIS) or a designated biometrics facility to provide biometric information. Biometric information includes fingerprints, a photograph, and/or signature. This information is used to identify applicants and verify their identity during the visa application process.

11. Are there any restrictions on where I can live in the US on a CR-1 or IR-1 visa?


No, there are no restrictions on where a CR-1 or IR-1 visa holder can live in the US.

12. What documents do I need to apply for permanent residency on a CR-1 or an IR-1 visa?


To apply for a CR-1 or an IR-1 visa, you will need the following documents:

– A valid passport
– A copy of your marriage certificate
– Birth certificates for any children that you may have
– Evidence of financial support for you and your family, such as employment and income verification or bank statements
– DS-260 Immigrant Visa Application
– Two passport photos
– Medical exam results
– Copy of police clearance certificates from all countries you have lived in for more than 6 months combined in the last ten years
– Affidavit of Support Form I-864 from the petitioner (your spouse)
– Other applicable documents such as evidence of prior marriages dissolution, adoption papers, military records, etc.

13. Is it possible to extend my CR-1 or IR-1 visa if it expires before I become a permanent resident?


Yes, it is possible to extend your CR-1 or IR-1 visa if it expires before you become a permanent resident. You must file Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS).

14. Are there any special benefits that come with being a permanent resident on a CR-1 or an IR-1 visa?


Permanent residents on a CR-1 or an IR-1 visa may be eligible for Social Security, Medicare, and Supplemental Security Income (SSI) benefits. They may also be eligible for other programs administered by the state and local governments. Additionally, permanent residents may qualify for certain federal public benefits that are not available to other noncitizens.

15. Can I travel outside of the US while my application for a CR-1 or an IR-1 visa is pending?


No, you cannot travel outside of the United States while your application for a CR-1 or an IR-1 visa is pending. Doing so may result in the denial of your application.

16. How do I change my status from a CR-1 or an IR-1 visa to permanent residency?


In order to change your status from a CR-1 or an IR-1 visa to permanent residency, you must first file Form I-485, Application to Register Permanent Residence or Adjust Status. After the form is filed, you will need to attend an interview with a USCIS officer and provide evidence of your relationship with your sponsor and your eligibility for permanent residency. Once approved, you will receive a Form I-551, also known as a green card, which is your proof of permanent residence.

17. Can I bring family members to the US with me when I enter on a CR-1 or an IR-1 visa?


Yes, you can. Immediate family members, such as your spouse and children, can come with you when you enter the U.S. on a CR-1 or IR-1 visa. They will need to apply for separate visas for themselves.

18. Is there a deadline for submitting the application for a CR-1 or an IR-1 visa?


Yes. The deadline for submitting applications for CR-1 and IR-1 visas is the day of the visa interview at the U.S. Embassy or Consulate.

19. Do I need to attend an immigrant interview when applying for permanent residency on a CR- 1 or an IR- 1 visa?


Yes, you will need to attend an immigrant interview when applying for permanent residency on a CR-1 or IR-1 visa.

20. Are there any additional fees associated with applying for permanent residency on a CR- 1 or an IR – 1 visa?


Yes, there may be additional fees associated with applying for permanent residency on a CR- 1 or an IR -1 visa. These fees include the filing fee for the I-130 petition, biometrics fees, medical examination fees, and any applicable processing fees.