Here are the frequently asked questions about CR1 spousal immigrant visa.
What Is the Difference Between a K3 Visa and CR1 Visa?
Both visas are designed for foreign nationals who are married to U.S. citizens and wish to enter the country as legal permanent residents.
If you and your spouse have been married for more than two years, then the “IR” from IR1 on your visa stands for “Immediate Relative.” If you and your spouse got married less than two years ago, you would apply for a CR1 (from “Conditional Resident”) spousal visa.
Can I still obtain a CR1/IR1 spouse visa if I’m in a same-sex marriage?
Yes, absolutely. Thanks to the Supreme Court’s decision in Windsor v. United States, the Defense of Marriage Act (DOMA) was deemed unconstitutional. As a result, all marriage-based visa applications are to be assessed in the same way, regardless of sexual orientation.
How do I get a Social Security card once I successfully secure a CR1/IR1 spouse visa?
When completing the online immigrant visa application, you can opt to receive a Social Security card after you arrive in the United States. In this case, you would receive the card within 6 weeks of admission into the country. If, for whatever reason, you haven’t elected to receive a Social Security card, you will have to apply for one with the Social Security Administration.
Can a CR1 Visa Spouse Work?
Yes, the CR1 visa spouse can work upon entering the U.S. Under a CR1 visa, your passport is stamped and acts as a temporary green card. A permanent green card is then issued several months later.
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. However, there is a catch. If you spend too much time outside the U.S., you might lose your green card, especially when you have obtained your conditional residence based on the grounds of marriage. Long separations from your spouse might signal to the authorities that your marriage is not real.
How long does my Marriage Green Card last?
The CR1 visa lasts for 2 years. 90 days prior to the visa’s expiration, and if still married to a U.S. citizen, you and your spouse will jointly file Form I-751 (Petition to Remove Conditions) to move to an IR1 visa.
IR1 visas are valid for 10 years and can be renewed indefinitely or until the foreign spouse can apply for U.S. citizenship. One caveat to this is so long as they are maintaining ties to the U.S. that indicate they intend to remain permanent residents.
Bonus Information
As promised, here’s some bonus information that you may not know about:
How Do You Remove Conditions After Getting a CR1 Visa?
You will need to file Form I-751, Petition to Remove Conditions on Residence within 90 days of the CR1 visa expiring. This application allows you to change your two-year conditional green card to a permanent 10-year green card.
Through this form, you will again explain that your marriage is genuine and not just for immigration benefits, even though you initially got your green card shortly after getting married. You will also need to prove your marriage has continued for the past two years.
This evidence could include statements from a joint bank account, birth certificates for children born during that period, or property deeds with both names listed. You must complete Form I-751, provide the supporting documents, pay the filing fee, and submit your application to USCIS.
If you are separated or divorced from your spouse by the time Form I-751 is required to be filed, there is an avenue to file it alone but you will have a higher burden to prove that the marriage was in fact real.