This immigrant visa is reserved for people who want to dwell in the US with their spouses who are themselves, citizens or permanent residents. The letters stand for Immediate Relative. The IR1 visa is for couples who have been married for a short time, i.e., 2 years or longer.
Before, the now-obsolete K3 visa was a spouse visa option, but it didn’t end in the recipient getting a permanent residency card. The IR1 provides them with a route to the green card. But that is only possible once the individual spends 2 years in conditional residency in the US.
If you’re thinking of availing the IR1 Green Card option, we’d recommend having the stellar team of attorney Eric Price help you obtain it. Since incomplete documentation and other mistakes can prolong your case, it is best to consult with these experts. So, call 855.662.2772.
Differences Between the IR1 & CR1 Visas
Even though each Spousal Immigration Visa essentially has the same result, i.e., obtaining a green card, the USCIS gives CR1 visas to the foreign spouses in couples who got married less than two years ago. To spouses of more than two years, the USCIS gives the IR1 visa. Moreover, the IR1 visa recipient has an unconditional PR status when they enter the US. This isn’t how it works with the CR1 visa holders who must get the conditional status removed before the expiration of their visas. Finally, should the couple in question get a divorce while on the CR1 visa, the spouse must return to their native country.
IR1 Eligibility Requirements
Applying For Spousal Visa means that the foreign partner should meet the following criteria:
- Their marriage to the citizen or permanent resident must be a legal one
Just living together doesn’t constitute a proper, legal marriage. The couple must be able to give sufficient evidence that confirms their marriage. For instance, having photographs of their nuptials or government-issued marriage certificates, can go a long way.
- The marriage must be to a US Citizen
Since the foreign partner expects to become a legal permanent resident within the US, their spouse should be one too. That entails having a valid US address, other documentation, and a financial capacity to support the said spouse.
When Should Be IR1 Be Filed?
After recognizing What Is IR1 Visa, your next step should be to know when you can apply for one. Fortunately, there isn’t a cap on how many IR visas the US government will issue each year. Therefore, as an applicant, you do not need to wait for your priority date to become current. As soon as the USCIS approves your petition, you can visit the US Embassy/Consulate and begin.
How to Apply For An IR1 Visa
The IR1 Visa Requirements mandate that your spouse bring you to the US. For that, they would have to file the I-130 with the USCIS. Once the authority processes it, they will forward it to the NVC. If the application clears this stage, the NVC will send it to an embassy closest to you. After interviewing you, the embassy will decide whether they will award the IR1 visa to you or not.
Get the breakdown for the whole process below:
File Form DS-260
As an applicant for an immigrant visa, you must submit this. Use the case number the NVC provides to access it. Fill out the whole form before you turn it in. On submission, you will see both a confirmation page and number. Keep these safe since they will be attached with your supporting documents.
Complete Medical Exam & Vaccination
Post-approval of your immigrant visa petition, the NVC will send you a package. It will have details on how you must meet the health requirements that the US government has regarding foreigners. Complete those medical procedures with the help of a licensed doctor. Then submit the results of those tests for verification.
Collect Required Documents
You should also have the required documentation that proves the authentic nature of your marriage. Since the visa officials will check these at the embassy interview, only send in valid and original paperwork.
Attend the Interview
Subsequent to the submission of your application, the USCIS schedules your US embassy appointment. You may take your spouse to it. Try to answer all questions truthfully.
Receive NVC Packet
Next, you get the NVC package since the USCIS has approved your IR1 visa. You must bring it with – unopened — when you enter the US. Tampering can jeopardize your entire visa status, so take care that the US immigration officials are the one who get to open it. After all, they will be the ones finally deciding if you get to enter the country or not.
Travel to the U.S
Bring along your NVC packet, visa, passport, and documents when you do.
IR1 Application Fees
The Spousal Visa Application requires you to pay $535 (petition) and $325 (Form DS-260). You might need extra for the translation or photocopying of the supporting documents.
IR1 Processing Time
The absence of any annual caps shortens the IR1 Processing Time when compared to that of the other family preference immigration options. Barring your individual circumstances that can extend it, the usual duration is 8-10 months.
What Happens If I’m Denied
Even after fulfilling all Requirements for Spousal Visa, you might receive the much-dreaded green card denial notice. Your attorney can indicate which of these options is the best way to respond to it. One, you file the legal motion for reconsideration or reopening of the case. Make sure you have new evidence for that. They imply that the evaluating officer was at fault.
Two, you appeal for a re-evaluation from a third party, i.e., the Administrative Appeals Office. Just remember that the AAO usually rules in favor of the evaluating officer. Hence, the guidance of an attorney can be invaluable in such situations.
Contact Attorney Eric Price Today!
From the Spousal Visa Cost to other additional documentation and records that can cement the authority of your marriage in the eyes of the visa officials, you’d benefit much from expert guidance. So, email Eric Price’s firm and enjoy the advantages that only high success rates and considerable experience can bring!