A Marriage Visa is an immigration visa that allows the foreign spouse of a U. Citizen or U. Legal Resident to immigrate to the United States. There are two types of Marriage Visas. For U. While the K3 marriage visa is still in existence, changes in processing times have made CR1 and IR1 visas the only real option for most applicants.
The difference between an CR1 visa and a IR1 visa is pretty simple. If the couple has been married for less than two years, the foreign spouse will receive a CR1 visa. If the couple has been married for more than two years, the foreign spouse will receive an IR1 visa. The CR-1 visa is known as a Conditional Resident visa and grants a foreign spouse conditional permanent residency. Foreign spouses that receive a CR1 visa can typically work in the U.
Since permanent status is considered conditional, the newly married couple must apply to remove conditional status jointly to prove that the foreign spouse did not get married to a U.
This must be done before the two-year visa expires and it is actually recommended that the couple starts the process ninety days prior to the visa expiration date. The IR1 visa is very similar to the CR1 visa with the primary difference being that an IR1 visa recipient will be given unconditional permanent resident status and be able to work immediately when they arrive in the U. Unfortunately living together is typically not enough to qualify a foreign spouse for an immigration visa.
Common-law marriages are occasionally recognized by the United States Citizenship and Immigration Services USCIS but that is dependent on the laws regarding common-law marriages in the country where the marriage took place. Update: With the recent Supreme Court ruling against the Defense of Marriage Act, same-sex marriages are now recognized by the United States for the purposes of immigration.
While there are no age requirements for a U. The U. Form I is filed with U. What this means is that your green card is conditional for 2 years before you are issued a permanent green card. But, if you think that you can just provide a lot of evidence of a bona fide relationship and get a permanent green card, think again. Almost all applicants for a green card through marriage will be subjected to the 2 year probationary period.
If your marriage is genuine, you have nothing to worry about and removing the conditions will be straightforward. Because you will be considered a conditional resident when you enter the U.
They want to weed out the fraudsters by putting them on a probationary 2 year period first. JoAnn and Mark have been married for 6 months before submitting the I petition. After 7 months, Mark was called in for his visa interview at the Australian consulate.
The interview went well and Mark was told he was approved. The immigration officer said that his visa will be mailed to him in weeks. Simple enough right? Normally, the CR1 visa is good for 6 months. What this means is that you must enter the U.
If you wait later than this, you will be denied entry because your visa expired. If Mark gets his CR1 visa 3 months before his two year marriage anniversary, and he waits to enter the U. Because the type of green card you get depends on your length of marriage at the time or interview AND at the port of entry.
They may not do this automatically so make sure you ask them to do this. Doing this will save you time and money by avoiding the Removal of Conditions process. The 2 year period that USCIS uses to determine whether your marriage is bona fide has already been served. Steve filed form I for his wife Amelia from Guatemala. They initially applied for the K1 fiance visa 18 months ago but were denied because Amelia had a previous visa overstay on her record.
They decided to get married instead and filed for waiver I which was approved 5 months later. By the time Amelia had her interview 9 months after the petition was approved, they had already celebrated their 2nd year marriage anniversary. Amelia was approved at her interview and was issued the IR1 visa.
In this case, Amelia and Steve were married more than 2 years so she will become a permanent resident at the CR1 port of entry. She will then get a 10 year green card in the mail within a few months. The next step will be to either renew her 10 year green card or apply for U. For example, Canada has a faster processing time than India. Make progress today. Currently, as of , the average timeline from the initial application to the time the visa is granted is 10 months or more.
The time can be shorter or longer depending on your situation. Please keep in mind all our timelines are rearward looking, meaning we can only give an estimate of approvals we see currently. We cannot guarantee your timeline, and only provide this as a general estimate based on averages. Some countries have longer processes that can be brought on by the local embassy workload, conflicts in the area, or other unexpected delays.
The most common delays are brought on by RFEs. The vast majority of these can be avoided if your petition is assembled professionally. This could be brought on by changes in immigration processes or policies. The cost of the spouse visa process is not insignificant. Government fees are fixed, but other costs will vary depending on your unique situation.
Unlike the K1 visa , you won't need to adjust status with a spouse visa , as the green card is included. The cost of the CR1 spousal visa process is significant. CR1 visa costs include things like travel, several government fees, medical exams and any assistance you hire for help.
Fortunately, the various steps tend to break out the times that certain monies are due. This is the fee required to get the ball rolling with your petition. This cost varies based on the country for your interview. It is paid directly to a medical facility determined by the U. The cost for the foreign spouse to travel to the USA after the visa, along with any travel the petitioner does can vary from a few hundred to tens of thousands of dollars.
Also consider if the beneficiary is not from the city where the consulate interview will take place, there is more travel. If your attorney or agency uses secure document transfer, it can save time and money.
Cost of Acquiring Certain Evidence - Hunting down bank statements, or birth certificates can add to the tally. Passport - If the foreign spouse doesn't already have a passport, he or she will need to acquire one. Passport Photos - Passport photos are required for the visa. Translation Service - If you need certain documents translated, and don't have a friend to do it for you, this could add to your cost.
Some people choose to DIY. The I is an important form needed to kickstart your spousal visa process. An optional form is the G File this if you want the USCIS to electronically notify you they have received your immigration application. This speeds up your notification and avoids paper. The "Affidavit of Support" is required to ensure the beneficiary has adequate financial support in the U. At the end of the process, the spouse seeking a green card will be required to attend an embassy interview with a consular officer.
This will be conducted at a U. The consular officer will ask a few interview questions which will allow them to make a final determination of visa denial or approval. The interviewer's goal is to make sure there is no potential immigration fraud. If the officer approves the visa, the passport will be returned with the granted visa within a few days. The interview takes place in a private room and rarely lasts more than ten minutes. The U. The officer uses predictable procedures, which could help you be ready for what to expect.
Reading some of the questions below will also help you have a more successful interview. Children included on a CR2 or IR2 visa must also attend the interview.
Here are 70 sample spousal visa interview questions, which are examples of the kinds of questions you may be asked during the interview. Usually, the beneficiary is expected to answer between five and ten questions. If you married your foreign spouse before their children turned 19, and intend to bring them over before they are 21, they may be eligible to come over on a CR2 or IR2 visa. It usually saves a lot of time, headache and money if you file the child ren along with the parent rather than separately.
If you are a green card holder and you plan to sponsor your foreign spouse and their child, you will have to file a separate petition for the child. Note that when a green card holder petitions for a spouse or a step-child, the spousal visa processing time takes substantially longer than if you were a US citizen petitioning for a spouse or step-child.
A typical spousal visa timeline is generally under a year. But a spousal visa for an LPR, or legal permanent resident, can take up to two or three years. If you are eligible to naturalize and become a US citizen , it may save you significant time to naturalize first, and then petition as a US citizen. Shortly after arriving in the U. HIV is no longer a ground of inadmissibility. This rule was changed on January 4, The foreign spouse will not be able to apply for permanent resident status get a green card and obtain legal status while in the United States illegally.
A person who enters illegally may be banned from returning to the United States for up to 10 years. If this is your situation, you should talk to an immigration attorney before you leave the United States. The process is the same as for heterosexual couples. The CR1 visa is valid for 6 months after it's granted. But unlike the K1 visa , the CR1 visa comes with a green card.
This nullifies the need for adjustment of status. This option can be beneficial if the foreign spouse intends to work legally in the U. It also helps if the spouse wants or needs to exit the U. Keep in mind that the processing time can be longer — sometimes more than a year — depending on your specific situation. Without the green card, the foreign spouse won't be able to legally work in the United States or travel outside the country without applying for another visa.
If the couple gets married outside the United States, and the foreign spouse then enters the United States on a CR1 spousal visa , they will obtain their green card immediately after entering the U.
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