1. What is a CR1 Visa?
The CR1 (Conditional Resident) visa is a U.S. immigrant visa issued to foreign spouses of U.S. citizens. It allows the spouse to enter the United States as a conditional permanent resident. The “conditional” status applies to couples married for less than two years at the time of visa issuance to ensure the marriage is bona fide and not for immigration purposes.
2. Who is Eligible for a CR1 Visa?
To qualify for a CR1 visa, the following criteria must be met:
- The petitioner must be a U.S. citizen.
- The couple must be legally married.
- The foreign spouse must meet admissibility requirements, including passing a medical examination and security checks.
- The U.S. citizen petitioner must demonstrate financial capability to sponsor their spouse (Form I-864, Affidavit of Support).
3. Benefits of a CR1 Visa
- Grants conditional permanent resident status upon entry to the U.S.
- The spouse can live and work in the U.S. immediately without needing a separate work permit.
- Provides access to pathways for removing conditions and applying for permanent residency.
4. Required Documents for CR1 Visa
1. For the Petitioner (U.S. Citizen):
- Proof of U.S. citizenship (passport, birth certificate, or naturalization certificate).
- Marriage certificate.
- Divorce decrees or death certificates from previous marriages (if applicable).
- Form I-864 (Affidavit of Support).
- Recent tax returns or financial documents proving the ability to sponsor.
2. For the Beneficiary (Foreign Spouse):
- Valid passport.
- Birth certificate.
- Police clearance certificate from all countries of residence for more than six months since age 16.
- Medical examination results from an approved physician.
- Two passport-sized photographs.
- Evidence of a genuine marriage (e.g., photos, communication records, shared finances).
5. CR1 Visa Application Process
Step 1: File Form I-130 (Petition for Alien Relative)
- The U.S. citizen petitioner submits Form I-130 to U.S. Citizenship and Immigration Services (USCIS) to establish the marital relationship.
- Include supporting documents like the marriage certificate and proof of bona fide marriage.
Step 2: Wait for Approval
- USCIS reviews the petition and issues a Notice of Action (Form I-797) upon approval. Processing typically takes 7–12 months.
Step 3: Case Transfer to the National Visa Center (NVC)
- Once approved, the case is sent to the NVC for further processing.
- Pay the visa application fee and affidavit of support fee.
- Submit the DS-260 Immigrant Visa Application form and supporting documents online.
Step 4: Attend the Visa Interview
- The foreign spouse attends a visa interview at the U.S. embassy or consulate in their home country.
- Bring all required documents, including originals, to the interview.
Step 5: Visa Approval and Entry to the U.S.
- If approved, the CR1 visa is stamped into the foreign spouse’s passport.
- The spouse must travel to the U.S. within the visa validity period (typically six months).
6. Fees for a CR1 Visa
| Service | Fee (USD) |
|---|---|
| Form I-130 Filing Fee | $535 |
| Immigrant Visa Application Fee | $325 |
| Affidavit of Support Fee | $120 |
| Medical Examination Fee | Varies by country |
7. Transition from CR1 to Green Card
- CR1 visa holders are issued a conditional Green Card valid for two years.
- Within 90 days before the two-year expiration, the couple must jointly file Form I-751 (Petition to Remove Conditions on Residence) to prove the marriage is ongoing.
- Once approved, the foreign spouse receives a 10-year Green Card.
8. Processing Time for a CR1 Visa
The total processing time for a CR1 visa typically ranges from 10 to 14 months, depending on factors such as USCIS workload and case complexity.
Frequently Asked Questions (FAQs)
1. What is the difference between a CR1 and IR1 visa?
- CR1 Visa: For couples married less than two years at the time of visa issuance, granting conditional residency.
- IR1 Visa: For couples married more than two years, granting permanent residency without conditions.
2. Can I work in the U.S. on a CR1 visa?
Yes, CR1 visa holders are automatically authorized to work in the U.S. without needing an Employment Authorization Document (EAD).
3. How long does a CR1 visa take to process?
Processing times vary but typically range from 10 to 14 months.
4. What happens if the marriage ends before removing conditions?
The foreign spouse may file a waiver of the joint filing requirement if the marriage ends due to divorce or abuse.
5. Can I travel outside the U.S. on a CR1 visa?
Yes, CR1 visa holders can travel abroad. However, they must maintain residency in the U.S. and adhere to re-entry rules.
6. What proof of a genuine marriage is required?
Submit evidence such as photos, joint bank accounts, lease agreements, and communication records to demonstrate the marriage is not solely for immigration purposes.
Conclusion
The CR1 visa is a valuable pathway for foreign spouses to join their U.S. citizen partners and build a life together in the United States. By following the application process diligently and providing the necessary documentation, couples can navigate the journey successfully. Consulting an immigration lawyer can further simplify complex cases.