why is my immigration attorney processing my visa as ir1 and not cr-1 when not married for 2 years

by Ms. Mylene Hoeger 6 min read

How to petition your spouse for a CR1 or IR1 visa?

Differences Between the CR1 and IR1. While CR1 and IR1 visas provide similar rights and privileges to beneficiaries, they both follow different timelines. CR1 (or Conditional Resident) visas are given to applicants who, when arriving in the United States with their green card, have been married for less than 2 years.

What is an IR1 spousal visa?

Apr 19, 2021 · The difference between the two is quite simple: if the couple has been married for less than two years, the foreign spouse is granted a CR1 visa. If the couple has been married for more than two years, the foreign spouse receives the IR1 (immediate relative) visa. For help with your IR1 or CR1 case, contact attorney Eric Price today. J.

What is the difference between IRN1 and CR1 visas?

The First Step Toward an Immigrant Visa: Filing the Petition. The first step is to file a Petition for Alien Relative, Form I-130, with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for your spouse (husband or wife) to immigrate to the United States.For instructions on how to file a petition, including where you should send the petition, …

How long is a CR1 visa valid for?

IR1 Visa The IR1 Visa is issued to a Foreign Spouse who has been married to a U.S. Citizen for greater than 2 years. The “IR” stands for “Immediate Relative.” An IR Visa holder is automatically considered a Permanent Resident with no conditions and therefore does not have to file for any removal of the conditions at any time.

Which is better IR1 or CR1?

The difference between the two is quite simple: if the couple has been married for less than two years, the foreign spouse is granted a CR1 visa. If the couple has been married for more than two years, the foreign spouse receives the IR1 (immediate relative) visa.Apr 19, 2021

How long does the IR1 CR1 visa process take?

approximately 4 to 6 monthsFollowing the approval of I-130, the timeline for obtaining a CR1 or IR1 visa is approximately 4 to 6 months. If you're not married to a U.S. citizen, you may have to wait a while before a visa becomes available.

What is the priority date for IR1?

Priority date: This is the date that U.S. Citizenship and Immigration Services (USCIS) received your I-130 petition. Think of this date as your place in the green card line. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition.

What does preference category IR1 mean?

The IR1 (Immediate Relative) visa is issued to foreign spouses who have been married to a U.S. citizen for a period longer than two years.

How long does CR1 visa take in 2021?

between 7 and 10 monthsIt can take between 7 and 10 months to get the CR1 Visa, including the visa interview. Keep in mind that what usually takes longer is the visa interview appointment, as it depends mostly on the workload at the nearest U.S. Embassy.Sep 29, 2021

How do I check the status of my CR1 visa?

Check the Status of Your Visa You can check the status of your application any time at this website: https://ceac.state.gov/CEACStatTracker/Status.aspx. Please wait at least three business days following your visa interview to check on the status of your application.

How much does a CR1 visa cost?

Fees for CR-1: USCIS: $535 for the Form I-130. NVC: $120 for Form I-864 Affidavit of Support to the State Department. Visa application fee: to Department of State (National Visa Center), about mid-way through process $325.Jan 16, 2022

How long is IR1 visa good for?

ten yearsThe Difference Between the IR1 Visa and the CR1 Visa Another difference between the two visa types is how long they are valid. The CR1 visa is valid for two years, while the IR1 visa is valid for ten years.Feb 8, 2022

Is visa a priority date?

The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

Can you travel with a CR1 visa?

Can a CR1 Visa Spouse Travel Outside the U.S.? Yes, a CR1 visa spouse can travel outside the U.S. Essentially, you enjoy all the rights and responsibilities as a U.S. permanent resident.Feb 8, 2022

What is CR1 green card?

CR1 is a category used by USCIS to identify a conditional legal permanent resident spouse of a United States citizen or permanent resident. An immigrant categorized under CR1 is allowed to enter the U.S. to live and stay with their U.S. citizen or PR spouse.

Can I work on a CR1 visa?

Yes, the CR-1 Visa Spouse will be able to work upon entry into the United States. In fact, their stamped passport acts as a temporary, "green card", until a permanent one is issued 2-3 month later.

Marriage Visas

  • At the present time Homeland Security is not processing K3 spousal visa petitions. They are processing only CR1/IR1 visa petitions. A CR1 visa will be issued by the Consulate if, at the issuance date, the couple has been married less than two years. An IR1 visa will be issued if they have been marri...
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Requirements of A CR1/IR1 Visa

  1. The petitioner must be a U.S. citizen.
  2. The petitioner must be legally married under the laws of the country in which the marriage took place.
  3. The petitioner must prove that the marriage relationship is sincere.
  4. The American citizen must meet the minimum income requirement or have a cosponsor wh…
  1. The petitioner must be a U.S. citizen.
  2. The petitioner must be legally married under the laws of the country in which the marriage took place.
  3. The petitioner must prove that the marriage relationship is sincere.
  4. The American citizen must meet the minimum income requirement or have a cosponsor who meets it.

Visas For Unmarried Children of Foreign Spouses

  • As long as the marriage occurred prior to the child’s 18th birthday and the child’s visa application is filed prior to the child’s 21st birthday, the child is eligible for a CR2/IR2 dependent visa. The child must receive the visa and enter the U.S. on it prior to his or her 21st birthday.
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Process

  • U.S. Citizenship and Immigration Services (USCIS) The CR1/IR1 visa petitions are filed at one of the five USCIS Service Centers. If there are any missing documents or incorrect paperwork, you will receive a Request for Evidence (“RFE”). Each RFE will delay the approval of your CR1/IR1 visa petition, and ultimately the approval and issuance of your CR1/IR1 visa, by 6-12 months. Nationa…
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Timing

  • The timing of the CR1/IR1 spousal visa depends on the USCIS Service Center that processes the visa petition and the country in which the foreign spouse legally resides. If you will give us a call we will be glad to compute the current processing time for your CR1/IR1 spousal visa situation. Once your spouse receives the CR1/IR1 marriage visa, he or she has a maximum of six months t…
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