Who is eligible for an IR-1/CR-1 visa?
To be eligible for an IR-1/CR-1 visa (Immediate Relative Visa or Conditional Resident Visa), an individual must meet the following criteria:
- Spouse of a U.S. Citizen: The applicant must be legally married to a U.S. citizen. Common-law marriages and same-sex marriages are also recognized for immigration purposes if they are legally valid in the jurisdiction where they occurred.
- Legally Valid Marriage: The marriage between the U.S. citizen petitioner and the foreign spouse must be considered legally valid in the country where the marriage took place. Polygamous marriages are not recognized for immigration purposes.
- Form I-130 Petition: The U.S. citizen spouse must file a Form I-130, Petition for Alien Relative, on behalf of the foreign spouse with the U.S. Citizenship and Immigration Services (USCIS). This petition is used to establish the relationship between the petitioner and the beneficiary.
- Bona Fide Marriage: The couple must provide evidence that their marriage is bona fide, meaning it was entered into in good faith and not for the purpose of evading immigration laws. Proof of a genuine marital relationship may include joint bank accounts, joint property ownership, photographs together, shared financial responsibilities, and affidavits from family and friends.
- CR-1 Specific Requirement: If the marriage between the U.S. citizen petitioner and the foreign spouse has been ongoing for less than two years at the time of filing the Form I-130, the applicant will be eligible for the CR-1 visa. This visa grants conditional permanent resident status, and the foreign spouse will need to apply to remove the conditions on their green card within the 90-day period before its expiration.
- IR-1 Specific Requirement: If the marriage between the U.S. citizen petitioner and the foreign spouse has been ongoing for at least two years at the time of filing the Form I-130, the applicant will be eligible for the IR-1 visa. This visa grants the foreign spouse immediate unconditional permanent resident status (green card) upon entering the United States.
- Admissibility: The foreign spouse must also meet the general admissibility requirements for entry into the United States. This involves passing medical and security checks, and not being ineligible for an immigrant visa due to certain criminal convictions, immigration violations, or health-related issues.
It’s important to note that immigration laws and regulations can change over time, and the eligibility criteria for the IR-1/CR-1 visa may be subject to updates. Therefore, applicants should verify the latest requirements and guidelines on the official U.S. government websites or by consulting with an immigration attorney.
What documents are required for IR-1/CR-1 visa application?
When applying for an IR-1/CR-1 visa (Immediate Relative Visa or Conditional Resident Visa), applicants need to submit a variety of documents to demonstrate their eligibility and establish the authenticity of their marital relationship. The specific required documents may vary based on individual circumstances and the U.S. Embassy or Consulate processing the visa application. Here are some common documents that applicants typically need to include:
- Form I-130, Petition for Alien Relative: This form is filed by the U.S. citizen petitioner to establish the relationship with the foreign spouse and initiate the visa application process.
- Marriage Certificate: A certified copy of the marriage certificate to prove the legality and authenticity of the marriage.
- S. Citizen’s Proof of Citizenship: This may include a U.S. passport, U.S. birth certificate, or Certificate of Naturalization of the U.S. citizen petitioner.
- Passport: A valid passport for the foreign spouse.
- Proof of Termination of Previous Marriages: If either the U.S. citizen or foreign spouse has been previously married, documents such as divorce decrees or death certificates of former spouses will be required.
- Evidence of Bona Fide Marriage: Documentation to prove that the marriage is genuine and not solely for immigration purposes. Examples may include joint bank account statements, joint lease or property ownership documents, photographs together, correspondence showing shared address, and affidavits from friends and family who can attest to the legitimacy of the relationship.
- Police Clearance Certificate: The foreign spouse may need to provide police clearance certificates from their country of origin and any other country they have lived in for a significant period.
- Medical Examination Report: The foreign spouse is generally required to undergo a medical examination by an authorized physician to demonstrate they do not pose a health risk to the U.S. population.
- Affidavit of Support (Form I-864): The U.S. citizen petitioner must submit this form to demonstrate the ability to financially support the foreign spouse once they become a permanent resident.
- DS-260 Immigrant Visa Application: The foreign spouse will need to complete the online DS-260 form, providing personal information and details relevant to the visa application.
- Visa Application Fee Payment: The required visa application processing fee, which may vary depending on the U.S. Embassy or Consulate.
It’s crucial to carefully review the specific requirements and instructions provided by the U.S. government’s official websites and the U.S. Embassy or Consulate where the visa application will be processed. Additional documents may be required depending on individual circumstances. Moreover, all documents must be in English or accompanied by certified translations if they are in another language. It is recommended to consult with an immigration attorney or an accredited immigration service provider to ensure all necessary documents are included and that the application is properly prepared.
What is the minimum income requirement for IR-1/CR-1 visa?
There is no specific minimum income requirement for the IR-1/CR-1 visa (Immediate Relative Visa or Conditional Resident Visa) applicants themselves. However, the U.S. citizen petitioner (the sponsor) is required to meet certain income thresholds to demonstrate their ability to financially support the intending immigrant, the foreign spouse, once they become a permanent resident (green card holder) in the United States.
The financial support requirement is established through the Affidavit of Support (Form I-864), which is a legally binding contract between the sponsor and the U.S. government. By signing this form, the sponsor agrees to provide financial support to the intending immigrant and ensure they do not become a public charge.
The specific income requirement for the Affidavit of Support depends on various factors, including the sponsor’s household size, the sponsor’s income, and the location where the sponsor resides. The U.S. government publishes poverty guidelines annually, and the sponsor’s income must be at least 125% of the federal poverty guidelines for their household size.
If the sponsor’s income does not meet the minimum requirement, they may still be eligible to provide additional assets, such as savings, property, or other assets, to meet the financial support obligations.
It’s important to note that immigration laws and policies can change over time, and the income requirements may be subject to updates. Therefore, applicants should verify the latest income guidelines and requirements on the official U.S. government websites or by consulting with an immigration attorney. Additionally, if the sponsor does not meet the income requirements, they may consider having a joint sponsor (a U.S. citizen or permanent resident) who meets the necessary income levels to provide the required financial support for the intending immigrant.