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11 Second DUSI Intro Video
Thanks for tuning in, my name is Miatrai Brown, and I am a U.S. immigration attorney based in Washington DC. I am also the Principal Attorney at Direct U.S. Immigration where we work with clients in all 50 states and around the world. Before we start, click the like and subscribe button to follow our immigration hub to get the latest immigration information that could be vital to your case. And also, be sure to stick around until the end to get a bonus tip on removing conditions after getting a CR1 immigrant visa.
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.
Does my sponsor need to reside in the United States?
No, not technically. They need to meet the “domicile” requirement, which is possible even if they live abroad. The easiest way to meet this requirement is to live in the United States or one of its territories. Failing that, they can provide documentation showing one of the following:
- > They are an employee at an approved organization;
- > They are living outside the United States temporarily; or
- > They intend to move back to the United States as soon as you (their spouse) are admitted into the United States.
What if my spouse was a Lawful Permanent Resident (LPR) when they initially submitted Form I-130 but have since become a U.S. citizen?
In this case, they will need to upgrade their petition by submitting the following evidence to the NVC:
- > Copy of certificate of naturalization
- > Copy of U.S. passport (the biodata page)
What documents will I need to get a CR1 or IR1 visa?
The answer to this question will vary depending on the country where you’re applying, but in general, you will need the following:
- > A passport that will remain valid for 6 months after you arrive in the United States
- > An Affidavit of Support (Form I-864)
- > Form DS-260
- > Two 2×2, passport-style photos
- > All civil documents requested by the embassy. This will likely include your birth certificate, marriage certificates, police certificates, and military records (if any)
- > Medical exam papers
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.
I hope you found this video helpful. Subscribe if this content or information helps you in any way, comment below if you want me to talk about something in specific, and share this resource because you never know who needs answers to these questions. Additionally, if you have any specific questions about this video as they pertain to your unique circumstances, please schedule a consultation with us at the link below. I’ll see you in the next video.
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