This guide offers an in-depth overview of CR1/C21 (for marriages under two years) and IR1/F21 (for marriages over two years) spouse visas, with the latest timelines, costs, and requirements to help you navigate the process.
Important: Regularly check the Visa Bulletin for updates on visa availability and processing times.
Visa Categories Overview
CR1 Visa & C21 Visa
- CR1 Visa: Conditional resident visa for spouses married to U.S. citizens for less than two years.
- C21 Visa: Conditional resident visa for spouses married to U.S. Permanent Residents for less than two years.
Both CR1 and C21 visas grant conditional residency, requiring you to file to remove conditions after two years to obtain a 10-year green card.
IR1 Visa & F21 Visa
- IR1 Visa: Immediate relative visa for spouses married to U.S. citizens for two years or more.
- F21 Visa: Spousal visa for those married to U.S. Permanent Residents for two years or more.
IR1 and F21 visas grant immediate and unrestricted permanent residency upon entry to the U.S., with a 10-year green card that needs renewal.
Adjustment of Status Codes Explained
While this is getting a bit deep in the weeds, if you are applying for adjustment of status (Form I-485) through marriage to a US citizen or permanent resident (not applying for a spousal visa a the US embassy), then your green card will have slightly different immigrant visa categories codes.
Benefits of a Marriage-Based Green Card
Holding a CR1/C21 or IR1/F21 visa grants you permanent resident status, which
includes:
- Travel: Freedom to travel in and out of the U.S. for certain periods of time.
- Driver’s License: Eligibility for a U.S. driver’s license.
- Banking: Ability to open U.S. bank accounts.
- Work Authorization: Immediate ability to work in the U.S. without needing an Employment Authorization Document (EAD).
- Education: Access to U.S. academic institutions without additional visas.
Visa Limits for Spouses of Green Card Holders
While there is no limit on the number of green cards available for spouses of U.S. citizens, there is a limit on C21 and F21 visas for spouses of green card holders. This can result in long waiting periods, 3-5 years or more, depending on your country of birth and the volume of applications.
Regularly check the USCIS Processing Times Calendar and Visa Bulletin for updates. The priority date, which is the date your petition is filed, plays a crucial role in determining your place in line and impacts the overall waiting time.
Spousal Visa Processing Time (as of September 2024)
- CR1/IR1 Spouses of US Citizens: Average processing time is 18 months.
- C21/F21 Spouses of Green Card Holders: Wait times can be 3-5 years or more.
Obtaining a visa number is crucial as it directly impacts the processing times and determines when the application can move forward.
Note: I-130 Average processing time is 12 months, depending on the service center.
CR1/IR1 Visa Requirements
You must choose between Adjustment of Status or Consular Processing, depending on
your location:
- Adjustment of Status: For those applying within the U.S.
- Consular Processing: For those applying from outside the U.S.
Understanding immigration law is crucial for navigating the complexities and requirements of the CR1/IR1 visa application process. For example, if the foreign national entered the U.S. on a non-immigrant visa such as a tourist visa or student visa, and then married within 90 days of arrival, USCIS may deny the marriage green card case, claiming that the applicant misrepresented himself when arriving on the non-
immigrant visa, while secretly harboring the immigrant intent.
Eligibility Requirements for Spousal Visas
- Sponsor Requirements: Must be a U.S. citizen or legal permanent resident.
- Marriage Proof: A valid marriage certificate is required, along with evidence of an authentic, bona fide relationship.
- Financial Support: The sponsor must pledge financial support and file an affidavit of support when required (with the DS-260 at the National Visa Center when pursuing consular processing).
- U.S. Domicile: The sponsor must live in the U.S. or prove intent to return. Special Considerations for Military Spouses.
Military spouses stationed abroad, can still be considered as having a U.S. domicile if they can show intent to return to the U.S. after deployment. Expedited processing may be available on a case-by-case basis, especially for imminent deployments. Additionally, there is the possibility of expedited processing for military spouses to ensure timely reunification.
Transitioning from Conditional to Permanent Residency
To switch from CR1/C21 to an unconditional green card with 10-year validity, you must file Form I-751, Petition to Remove Conditions of Residence within 90 days before the 2-year anniversary of your conditional residency.
Entering the U.S. on a Spousal Visa
Once approved, the visa is usually good for 6 months. You must enter the U.S. within that timeframe. Upon entry, your passport will be stamped with an I-551 stamp, which is temporary proof of permanent residency and work authorization until your physical green card arrives.
Factors Impacting Timeline
- Country of Origin: Processing time can vary depending on the foreign spouse’s home country, especially if there are issues with the U.S. Embassy.
- US Citizenship and Immigration Services and National Visa Center (NVC)
- Workload: High volume of applications can delay processing at different stages.
- Quality of Petition: Well prepared petitions with all documents and evidence can reduce the chances of RFEs.
- External Factors: Natural disasters, changes in immigration policies, or other unforeseen events can impact the timeline.
- Visa Priority Date Backlog for Spouses of Green Card Holders: While there is no visa quota for spouses of U.S. citizens, there is a quota for spouses of green card holders. Currently, the quota is about 3 years behind. Combined with USCIS processing delays for I-130s filed by green card holders, the case could take 3 to 5 years from door to door.
Expedite the Marriage Green Card Process
What is an Expedite Request?
A formal request to USCIS to prioritize and speed up the processing of your application. USCIS reviews these requests on a case-by-case basis and considers them under specific criteria.
USCIS does not often expedite I-130 marriage-based petitions. But it does not hurt to try if any of the following apply.
- Severe Financial Loss: A person or company may be eligible if a delay would cause significant financial harm. For example, if a medical practice would have to lay off staff due to the delay in a physician’s employment authorization, USCIS may expedite the request. If an applicant would lose their job because they cannot travel for work, this could also be a reason for expedited processing.
- Emergency or Urgent Humanitarian Situations: USCIS may expedite cases involving emergencies or urgent humanitarian reasons such as critical medical conditions, death or serious illness of a family member, or extreme living conditions due to conflict or natural disasters.
- Nonprofit Organizations: A nonprofit organization working in the cultural or social interests of the United States may request expedited processing for a case that supports its mission. Examples include a medical professional needed for urgent research or a religious leader required for a critical outreach program.
- Government Interests: Expedited processing may be granted when a federal, state, or local government agency identifies a case as urgent, such as those involving national security, public safety, or other significant government interests.
- Clear USCIS Error: If USCIS made a clear error in processing your application, such as issuing an EAD with incorrect information that prevents you from working, you may request expedited correction.
How to Request Expedite with USCIS
If you think your situation applies to one of the above, you can request expedite by following these steps:
- Review USCIS Guidelines: Make sure your situation qualifies under USCIS expedite criteria.
- Prepare Your Request: Gather documents that clearly show the urgency or compelling nature of your situation. This might be medical records, financial statements, or letters from government officials.
- Submit Your Request: Contact the USCIS Contact Center to start your expedite request. You may be asked to follow up with a formal letter explaining your reasons and providing the necessary evidence.
- Follow Up: After submission, follow up with USCIS to confirm receipt of your request and to check status. Be prepared to provide additional documentation if asked. It’s not a bad idea to call the USCIS hotline at 1 (800) 375-5283, use the phrase “Info Pass” to be transferred to a live person and ask to initiate a “Service Request” to expedite.
- Congressional Assistance: Also contact one of your Senators for help in following up with USCIS on the expedite request. Each Congressional office has a website and an online form for you to fill-out to request assistance with this federal agency.
- USCIS Ombudsman: If USCIS is not responding to your expedite request, file an inquiry with the USCIS Ombudsman which you can find here.
- Writ of Mandamus: In cases where USCIS is taking extreme delay, beyond normal processing, you may want to file a Writ of Mandamus which is a lawsuit against USCIS, filed in federal district court. This can be an effective way to move things along, either because the Judge orders it or because the US Attorney representing USCIS initiates the forward movement of the case.
How to Request Expedite with NVC (National Visa Center)
If your spouse is outside the U.S., you can file an expedite request with the NVC after the case is transferred from USCIS
- Write a formal letter or email to the NVC requesting expedite: Be brief but
clear in explaining why your case qualifies for expedite. Include:- Case Details: NVC case number, petitioner and applicant names, and any other relevant case information.
- Reason for Expedite: Clearly state the reason for your request and reference the evidence you are providing to support your request.
- Contact Information: Your contact information in case NVC needs to reach you for additional information.
- Submit Your Expedite:
- Via email: Send the request and documents to NVCExpedite@state.gov.
- Online inquiry form:
- Go to NVC Public Inquiry Form.
- Fill out the form with your case number and contact information.
- In the message box, explain why you are requesting expedite and mention you are attaching documents (if applicable).
- Submit
Note: Attach all documents in one PDF if submitting by email and ensure the file size is under 5 MB.
- Follow-up: After you submit your expedite request, you may receive an email from NVC. If NVC needs additional information or documents, respond quickly to avoid delays. It is also a good idea to follow up after a few weeks if you have not heard back or received an update on your request. You can also contact your member of Congress to follow up with NVC.
- NVC will review your request and decide if it’s approved after consulting with the US Embassy. If approved, your case will be processed ahead of others and NVC will contact you with next steps. If denied, your case will continue to be processed as normal.
Important Notes
- Expedite is not guaranteed: Each request is evaluated on a case-by-case basis and approval is based on the strength of your evidence and your specific situation.
- Expedite does not waive interview: Even if approved, you will still need to go through the standard interview process at the U.S. embassy or consulate.
- Keep copies: Keep copies of your expedite request and all documents.
Consular Processing of I-130 in Emergencies
In some situations when there are urgent or exceptional circumstances, the U.S. Department of State (DOS) can accept and adjudicate an I-130 petition at a U.S. embassy or consulate. This is usually for cases where immediate processing is needed and filing through regular USCIS channels would not be enough to address the time sensitive situation.
Usually, the US citizen petitioner is living abroad and needs to bring their spouse to the US quickly due to an emergency. If the Embassy approves the request for consular processing of I-130, then the visa will be expedited. Door to door processing time is 2 to 4 months.
Examples of Emergencies:
- Military Emergencies: A U.S. service member stationed abroad may need immediate processing due to a sudden deployment or transfer with little notice.
- Medical Emergencies: If the petitioner or beneficiary is facing a medical emergency that requires immediate travel, expedite may be warranted.
- Threats to Personal Safety: Situations where the petitioner or beneficiary is under an imminent threat, such as being forced to flee due to civil unrest or natural disaster.
- Close to Aging Out: When the beneficiary is nearing the age where they would no longer be eligible for certain benefits, expedite may be necessary.
- Naturalized Petitioner: If the petitioner has recently naturalized and the family members need a new petition based on their U.S. citizenship, especially if they are already abroad for a visa interview.
- Adoption of a Child: In cases where the petitioner has adopted a child abroad and needs to depart the country imminently, expedite can be requested if they l custody requirements.
- Short Notice of Job Relocation: When a U.S. citizen petitioner living abroad receives a job offer or reassignment to the United States with little notice and there is an urgent need to relocate. This is the most common reason for I-130 consular processing.
- Discretionary: Acceptance of I-130 locally is at the discretion of the consular officer and is case by case basis. The decision is usually for situations where filing domestically with USCIS or online with an expedite request would not be enough to address the urgency of the case.
- Local Filings: If DOS decides to accept and adjudicate an I-130 petition at a U.S. embassy or consulate, the process will be expedited. But if the consular office declines to accept the filing, petitioners are advised to file with a USCIS lock-box or online and request expedite through regular channels.
Expedite the Marriage Green Card Process
While this is getting a bit deep in the weeds, if you are applying for adjustment of status (Form I-485) through marriage to a US citizen or permanent resident (not applying for a spousal visa a the US embassy), then your green card will have slightly different immigrant visa categories codes.
Will the K-3 bring my spouse in faster?
If you are outside the U.S. and married to a US Citizen, it’s recommended to file the K-3 after the I-130. The K-3’s only purpose is to allow the foreign spouse to enter the U.S. while the I-130 is pending with USCIS. But in most cases USCIS approves the I-130 before the K-3 interview. But in any case, it costs nothing to file the I-129F with USCIS. So why not?
It doesn’t bring the spouse in any faster in most cases, but it’s an insurance policy in case the I-130 gets held up by USCIS.
Filing for a K-3 visa, involves several steps to allow the spouse of a U.S. citizen to enter the U.S. while waiting for the approval of their visa petition.
Step 1: File Form I-130, Petition for Alien Relative
- Supporting Documents:
- Proof of U.S. citizenship (e.g., U.S. passport, birth certificate).
- Marriage certificate.
- Evidence of any prior marriages being legally terminated (e.g., divorce decrees, death certificates).
- Passport-sized photos of both spouses.
Step 2: File Form I-129F, Petition for Alien Fiancé(e) (Although traditionally used for
fiancé(e) visas, this form is also required for the K-3 visa)
- Supporting Documents:
- Copy of the Form I-130 receipt notice (Form I-797).
- Additional evidence of the marital relationship, if available.
- Passport-sized photos of both spouses.
Step 3: Wait for USCIS Approval
- I-129F Processing: Once USCIS receives Form I-129F, they will process the petition. If approved, USCIS will forward the application to the National Visa Center (NVC).
- I-130 Processing: If the I-130 petition is approved before the K-3 visa
application is processed, the K-3 visa process will be moot and the applicant
must proceed directly to the visa process.
Step 4: National Visa Center (NVC) Processing
- NVC Review: Once the I-129F is approved, the NVC will assign a case number and send the petition to the U.S. embassy or consulate in the foreign spouse’s country.
- NVC Notification: The NVC will notify the foreign spouse to start the visa application process at the U.S. embassy or consulate.
Step 5: Apply for the K-3 Visa at the U.S. Embassy or Consulate
- Complete Form DS-160: The foreign spouse must complete the online Nonimmigrant Visa Application (Form DS-160). This form is required for all non- immigrant visa applications, including the K-3.
- Pay Visa Fees: The foreign spouse must pay the visa application fee.
- Schedule the Interview: After completing the DS-160 and paying the fees, the foreign spouse must schedule an interview at the U.S. embassy or consulate.
- Prepare for the Interview:
- DS-160 confirmation page.
- Proof of payment of visa fees.
- Medical examination results from an approved physician.
- Affidavit of Support (Form I-134) showing that the U.S. citizen spouse can support the foreign spouse.
- Additional supporting documents, if requested by the embassy (e.g., proof of ongoing marital relationship, police certificates, etc.)
Step 6: Interview
- Interview Process: The consular officer will review the documents and ask questions to verify the relationship and eligibility for the K-3 visa.
- Approval: If approved, the foreign spouse’s passport will be stamped with the visa and they can travel to the U.S.
Step 7: Enter the U.S.
- Arrival: Upon arrival in the U.S., the foreign spouse is admitted as a K-3 non- immigrant.
- Adjustment of Status: The K-3 visa holder must file Form I-485, Application to Register Permanent Residence or Adjust Status, to get a green card.
Notes:
- Validity: K-3 visa is valid for 2 years with extensions. But usually, it is a temporary solution, and the goal is to adjust status to permanent residency.
- Concurrent Processing: If the I-130 petition is approved before the K-3 visa is issued, the K-3 visa will be moot, and the spouse must proceed with the visa process.
Marriage Visa Alternatives
Welcome Your Foreign Fiancé(e) or Spouse to the U.S. on a Dual Intent Work Visa: A Fast Track to Reunification
For U.S. citizens and permanent residents, the K-1 fiancé(e) visa or CR-1/IR-1 marriage visa process can be lengthy and costly, often taking years. However, an alternative exists bringing your partner to the U.S. on a dual intent work visa like the H-1B or L-1. This route can be faster and less expensive, but it is crucial to meet specific requirements.
The employer will not pay for the marriage green card but if they agree to hire you in the U.S. on H1B or L1 they will pay all the government and legal fees. This is the fastest and lowest cost option to reunite the couple in the U.S.!
What Are Dual Intent Visas?
Dual intent visas allow foreign nationals to work temporarily in the U.S. while also having the option to apply for a green card. Unlike tourist visas, these visas do not require proof of intent to leave the U.S. The H-1B visa (for skilled workers) and L-1 visa (for intra company transfers) are two key examples.
Eligibility Criteria for H-1B and L-1 Visas
H-1B Visa:
- Job Offer: Must have a job offer in a specialty occupation from a U.S. employer.
- Educational Requirements: Must hold at least a bachelor’s degree or equivalent in a related field.
- Wage Requirements: The employer must offer the prevailing market wage for the position.
- Visa Cap: Subject to an annual cap of 85,000 visas, allocated through a lottery system. The employer must first enter into the H1B lottery on behalf of the beneficiary. The lottery occurs in March every year and if chosen the earliest start date for work would be October 1st (can arrive in the U.S. 30 days prior).
- Cap-Exempt Employers: Certain employers, like universities, non-profit organizations affiliated with institutions of higher education, non-profit or government research organizations, can hire H1B workers at any time without being constrained by the cap.
For more on which employers qualify as cap-exempt, see:
- USCIS Memo on H-1B Cap Exemption
- Detailed Explanation of H-1B Cap Exemption
- Nonprofits and H-1B Quota
- Job-Hunting Tools for H-1B Employers:
- MyVisaJobs: H-1B Friendly Employers
- Ultimate H-1B Sponsor Checker
- Aitou.io: H-1B Employer Search
- F1Hire: H-1B Job Search
- L-1 Visa:
- Employment: Must have worked for the company abroad for at least one continuous year within the past three years.
- Position: The role must be as an executive, manager, or in a position requiring specialized knowledge.
- Company Relationship: The U.S. employer must have a qualifying relationship (parent, subsidiary, affiliate) with the foreign company.
- Benefits of a Dual Intent Visa
- Immediate Work Authorization: Your fiancé(e) or spouse can start working upon arrival.
- Travel Flexibility: They can travel internationally without waiting for advance parole. Please see an immigration lawyer to discuss the details of travel while the I-485 is pending.
- Speed: The H-1B visa process takes 3-6 months, and premium processing is available for an additional fee, which can get it done in as little as 15 days. The L-1 process is also rapid if the employer has an approved blanket petition, which makes the process even simpler.
Transition to a Marriage-Based Green Card
Once your fiancé(e) or spouse is in the U.S. on an H-1B or L-1 visa, you can pursue a marriage-based green card. This involves filing Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status.
After the I-485 is approved, your spouse gains permanent resident status, allowing them to live and work indefinitely in the U.S. To file the I-130, the petitioner must be a U.S. citizen or a U.S. permanent resident. If the petitioner is a U.S. citizen, the I-485 can be filed concurrently. If the petitioner is a permanent resident, the beneficiary can file the I-485 when the visa priority date is current.
One major advantage is that your spouse can stay in the U.S. during the green card process, avoiding the long separation often associated with traditional visa applications.
Considerations and Challenges
While the dual intent visa route is faster, not all foreign fiancé(e)s or spouses will qualify for an H-1B or L-1 visa, as these have specific requirements. The H-1B visa has an annual cap, so not all applicants are selected in the lottery. The L-1 visa, while not capped, requires a qualifying relationship between the U.S. and foreign offices of the sponsoring company and specific employment criteria. Consulting with an immigration lawyer is essential to determine eligibility and navigate the process effectively.
Upgrading a Petition
If a sponsor becomes a U.S. citizen after filing a petition as an LPR, they must upgrade the petition to immediate relative (IR) status by providing proof of citizenship, such as a passport biodata page or certificate of naturalization.
Derivative Status for Children
Important Note: In immediate relative (IR) petitions, children do not get derivative status like they do in the family second preference (F2) category. Separate petitions must be filed for each child.
Spousal Visa Cost
- Form I-130: $675 (with $50 discount for online filing).
- Immigrant Visa Application (DS-260): $325.
- Medical Exam: Varies by country (e.g., $48 in Buenos Aires, $275 in Hanoi).
- Vaccination Fees: Varies
- Affidavit of Support (Form I-864): $120.
- Document Preparation: Expenses related to obtaining and translating required documents such as birth certificates, marriage certificates, and police records.
- USCIS Immigrant Fee: $235 Travel Expenses: Costs for the foreign spouse’s travel to the U.S. and any travel related to consular interviews can vary widely.
- Legal Assistance: Hiring an attorney or using services will add to your total costs depending on the complexity of your case.
- Passport and Photos: If the foreign spouse does not already have a passport, this will need to be acquired, along with passport photos that meet specific requirements.
- Other Costs: Translations, documents, travel expenses, and more.
- Removal of Conditions for CR1/C21 Visa
- Fees for removing conditions: $750 for Form I-751.
Tip: Plan for these expenses to avoid delays.
Total Cost: Government fees are fixed but the total cost for CR1/C21 and IR1/F21 visa can range from $2,000 to $8,000 depending on your situation and if you hire professional services.
Spousal Visa Application Process
Step-by-Step Guide
- File Form I-130 with US Citizenship and Immigration Services: Start the process by filing Form I-130, Petition for Alien Relative, to establish the relationship between the U.S. citizen or LPR sponsor and the foreign spouse.
- Wait for a Visa Number: If the sponsor is a U.S. citizen, a visa number is available immediately. If the sponsor is an LPR, the foreign spouse will wait for a visa number to become available depending on the home country.
- Submit Forms DS-260 and DS-261: After Form I-130 approval, the case is transferred to the National Visa Center (NVC) where the foreign spouse will submit Form DS-261 (Choice of Address and Agent) and Form DS-260 (Immigrant Visa Application). These forms are submitted online, and fees apply.
- Medical Exam and Fingerprinting: Before the consular interview, the foreign spouse must undergo a medical exam with a U.S. Department of State-approved doctor and attend a fingerprinting appointment. The results of these exams will be presented at the visa interview.
- Consular Interview: The final step is the visa interview at the U.S. consulate or embassy. This interview verifies the marriage. If successful, the visa is usually granted immediately after the interview.
Affidavit of Support
- Age Requirement: The U.S. sponsor must be at least 18 years old to sign the Affidavit of Support (Form I-864 or I-864EZ), a required document to show financial support for the spouse.
- Rights and Protections Pamphlet
- Must Read: Before the visa interview, applicants should read the “Rights and Protections” pamphlet which covers protections in the U.S. for domestic violence, sexual assault and child abuse. The consular officer will summarize this during the interview.
What to Do After You Get Your Visa
- Enter the U.S.: The visa holder must enter the U.S. within 6 months of the visa issuance date. Upon arrival, bring all the documents.
- Green Card: The green card will arrive within 2-3 weeks after entry. For CR1 visa holders, you must remove the conditions within 90 days before the 2-year anniversary of entry.
- Renewal and Citizenship: IR1/F21 visa holders must renew green card every 10 years or apply for U.S. citizenship after 3 or 5 years depending on the spouse’s status.
Post-Approval
- Port of Entry: A visa allows a foreign citizen to travel to the U.S. port of entry. However, entry is not guaranteed, and the final decision is with U.S. Customs and Border Protection (CBP) officials.
- Social Security Number: If you checked yes to receive your Social Security Number automatically, it will arrive by mail about 6 weeks after your admission to the U.S. Otherwise you must apply after you arrive.
- Work Authorization: Granted immediately with CR1/C21 visa. Your stamped passport is a temporary green card.
Removing Conditions
File Form I-751 to transition from a CR1/C21 visa to a permanent green card. You must file within the 90-day period leading up to the expiration of the CR1 green card. If filed too early, USCIS will send it back, if filed too late (without an excuse) your application will be denied.
You will need to provide proof of an ongoing marriage. Evidence may include:
- Joint bank statements
- Birth certificates of children born during the 2-year period
- Property deeds with both names on them
- Annotated Photos from the period
- Evidence of cohabitation: bills, lease
- Text messages between the couple
In addition to the fees, you will need to provide a copy of your Conditional Residence green card (front and back).
Renewal of Green Card or Citizenship
After 10 years, IR1 visa holders must file Form I-90 to renew their green card. This can be done online or by mail, with the current green card and a fee.
After 3 years of continuous residence for spouses of U.S. citizens (or 5 years for spouses of LPRs) you may apply for U.S. citizenship. This involves showing continuous residence and passing a citizenship test.
Permanent Residency
- Staying in the U.S.: As a lawful permanent resident you are expected to maintain your primary residence in the U.S. Extended stays abroad, especially over 6 months, can raise questions about your intent to maintain residency. If you plan to be abroad for a year or more, it is recommended to apply for a re-entry permit before departure to avoid problems upon return.
- Returning Resident Visa (SB-1): If your stay abroad is more than 1 year, you may need to apply for a Returning Resident Visa (SB-1) to re-enter the U.S. This requires proving that your extended stay was due to unforeseen circumstances and that you never intended to abandon your U.S. residency. This is not easy to do. The better strategy is before leaving the U.S., apply for a re-entry permit, which upon approval will allow you to stay outside the U.S. for 2 years.
Important Considerations
- Incomplete or Incorrect Information
- Problem: One of the most common reasons for delays or denial is filing an incomplete or incorrect Form I-130.
- Solution: Check twice before filing; ensure names, dates, and other details match the official documents.
- Not Sufficient Evidence of Bona Fide Marriage
- Problem: USCIS will issue a Request for Evidence (RFE) if they think the marriage is not real.
- Solution: Provide several pieces of evidence, such as joint bank statements, property leases, utility bills, photos together, and affidavits from friends and family.
- Sponsor’s Income Not Sufficient
- Problem: The sponsor does not meet the minimum income requirement to support the spouse.
- Solution: Consider having a joint sponsor who meets the income requirement and file Form I-864A if needed.
- Prior Marriage Not Terminated Properly
- Problem: If either spouse was previously married, USCIS requires proof that the prior marriage was terminated.
- Solution: File a divorce decree, annulment order, or death certificate to prove the end of the previous marriage.
- Applicant’s Criminal History
- Problem: A criminal record may be an issue during the I-130 process.
- Solution: Provide all relevant documents, including court records, and be prepared to explain.
- Sponsor’s Status Change
- Problem: If the sponsor’s immigration status changes during the process (e.g. from LPR to U.S. citizen) the petition may need to be upgraded.
- Solution: Notify USCIS and file proof of the new status, such as a naturalization certificate.
- Age Discrepancies
- Problem: Large age differences between spouses can sometimes trigger more scrutiny.
- Solution: Provide a strong case with more evidence of your relationship.
- Long Distance Marriage
- Problem: If the spouses have not spent much time together in person, USCIS will question the relationship.
- Solution: Provide evidence of ongoing communication, travel records, and a detailed explanation of your relationship history.
- Personal Information Discrepancies
- Problem: Minor discrepancies in the spelling of names or other personal details between different documents.
- Solution: Ensure all documents are consistent or provide an explanation for the discrepancies.
- Health Issues
- Problem: Health issues, especially if the applicant has a communicable disease, can complicate the process.
- Solution: Provide detailed medical records and be prepared to discuss potential waivers or treatments.
- Background Checks Delay
- Problem: Background checks take longer than expected and delay the process.
- Solution: Stay in touch with USCIS and provide any additional documents requested ASAP.
- Same-Sex Couples
- Equal Treatment: Same-sex couples are treated the same as opposite-sex couples for immigration purposes.
- Proof of Marriage: Same-sex couples should provide the same evidence as opposite-sex couples to prove the marriage is bona fide.
I-130 Interview Questions
- What is your spouse’s full name?
- How did you meet your spouse?
- When did you get married?
- Where did the wedding take place?
- How many people attended your wedding?
- Did you go on a honeymoon? If so, where?
- What is your spouse’s occupation?
- Where does your spouse work?
- How long has your spouse been at their current job?
- What is your spouse’s salary?
- Where does your spouse live?
- How many bedrooms are in your spouse’s home?
- Do you have any children together?
- Have you met your spouse’s family?
- What are your spouse’s parents’ names?
- Do you and your spouse have any pets?
- What is your spouse’s favorite food?
- What are your spouse’s hobbies?
- What do you and your spouse enjoy doing together?
- What was the last gift you gave to your spouse?
- What was the last gift your spouse gave you?
- Do you have joint bank accounts?
- Do you and your spouse have any shared property?
- Have you and your spouse taken any trips together?
- How often do you and your spouse communicate?
- What method of communication do you use with your spouse?
- What is your spouse’s phone number?
- What is your spouse’s email address?
- When was the last time you saw your spouse?
- How often do you visit your spouse?
- How long have you been in a relationship with your spouse?
- How long have you known your spouse?
- Where did your spouse grow up?
- What are your spouse’s siblings’ names?
- What religion does your spouse practice?
- What is your religion?
- Does your spouse speak your native language?
- Do you speak your spouse’s native language?
- What are your plans?
- Do you plan to have children?
- How do you plan to support your family financially?
- Who handles the finances in your relationship?
- Where do you see yourself living in five years?
- What was your first date like?
- Where was your first date?
- What are your favorite activities to do together?
- Does your spouse have any health issues?
- Do you or your spouse have any allergies?
- What did you do for your spouse’s last birthday?
- What did your spouse do for your last birthday?
- Have you met your spouse’s friends?
- What is your spouse’s favorite movie?
- What is your spouse’s favorite music?
- What is your spouse’s favorite sport?
- What is your spouse’s favorite color?
- Where did you and your spouse last go out to eat?
- Do you and your spouse have a joint insurance policy?
- What are your spouse’s political views?
- How do you handle disagreements?
- Who proposed, and how did it happen?
- What do you like most about your spouse?
- What does your spouse like most about you?
- What is your spouse’s favorite hobby?
- Where does your spouse like to shop?
- Does your spouse have any children from a previous relationship?
- How do you get along with your spouse’s children?
- What are your plans for the upcoming holidays?
- How do you and your spouse celebrate special occasions?
- What do you do on weekends?
- What is your spouse’s daily routine?
This guide has all the information and new details you need to navigate the CR1 and IR1 visa process. By knowing the requirements, preparing for common problems, and being ready for the interview questions, you can have a smooth and successful visa application.
Spousal Visa FAQs
Navigating the spouse visa process requires understanding the requirements for both conditional and permanent marriage green cards. Being legally married, paying the filing fee, and attending medical exams are key steps for securing an IR1 or conditional resident spouse visa.
Consulting with immigration lawyers can streamline the process, ensuring all documents are accurately submitted for your immigrant visa and permanent resident card. Keep track of your visa’s expiration date and consider applying for U.S. citizenship when eligible.
The Herman Legal Group, with nearly 30 years of experience, is here to guide you through every step of your spousal visa journey.
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