Spousal visas allow individuals from another country to live in the United States with their spouse as a lawful permanent resident or U.S. citizen. If you have been married for less than two years, you might be issued a CR-1 visa classification (known as a conditional resident visa) and if you have been married for two years or more, you might be granted an IR1 visa (immediate relative). The longest wait time for a spousal visa is approximately a little over 9 months; however, it is much longer for foreigners married to U.S. green card holders in the U.S. The CR-1 visa is now deemed the common alternative to the K-3 visa.
Current Processing Time for CR-1 Visas
The present wait period for a spousal visa averages about 9.3 months, although this is heavily dependent on whether you are married to a U.S. citizen or a green card holder. If you are not married to a U.S. citizen, you may have to wait for a long time before a visa can be issued to you.
Essential Updates for Spouses of Green Card Beneficiaries
Something to consider is that it takes longer for F2A visas to get approvals. These are for spouses and children under 21 years of age of U.S. green card holders. This means that if a green card recipient wants to bring their spouse or child to the U.S. their application could take several years to be processed.
Requirements for CR1 and IR1 Visa Categories
In terms of the requirements for CR1 and IR1 visa classifications, you will need to speak with an immigration lawyer to help you collect the supporting documentation and complete the forms needed for these visa applications.
Differences between Spousal Visas
While CR1 and IR1 visas offer similar rights and benefits to recipients, they follow different timelines. The CR1 is a conditional marriage green card, valid for 2 years, while an IR1 is a permanent marriage green card, valid for 10 years.
CR1 Visa
- CR1 visas are known as “conditional resident visas” because of one of its requirements is that a spouse must live in the U.S. for two years after entering the country before their lawful permanent resident status is fully issued
- CR1 visas are issued to spouses married to a U.S. citizen for less than two years
- Once a spouse and U.S. citizen divorce within the two-year conditional timeframe, the foreign spouse will lose their green card status
IR1 Visa
- IR1 visas are commonly known as “immediate relative” visas because the spouse can apply for a lawful permanent resident status immediately after entering the U.S
- IR1 visas are for spouses married to a U.S. citizen for two years or more
- No two-year conditional period applies to IR1 visa beneficiaries
Can an Immigration Lawyer Help Me Determine Which Visa Classification is Right for Me?
If you have been recently married to an American citizen for years and you are planning on pursuing a spousal visa; you have an advantage in seeking the assistance of an immigration attorney. An experienced immigration lawyer can help weigh your options for eligibility for a spousal visa. Do not delay in contacting The Gambacorta Law Office at 1-847-786-2599 for your first free consultation.