IR1 Visa for Permanent U.S. Residency For Spouse

The IR1 visa is an immigrant visa that allows a foreign-born spouse married to a U.S. citizen to live permanently in the United States if they have been married for at least two years prior to obtaining the visa.  

The IR1 visa does not include any conditions tied to permanent legal residency status for the foreign-born spouse.  When an IR1 visa is issued, no further steps are required by the visa holder to remove conditions or otherwise maintain the validity of the visa. 

What are the requirements for the IR1 visa? 

The key requirements for the IR1 visa are:

1. The applicant must be legally married to a United States citizen. Simply living together or having plans to marry is not sufficient.
2. The marriage must have lasted at least 2 years at the time of applying for the IR1 visa. If married for less than 2 years, the couple would need to apply for the CR1 (conditional resident) visa instead of the IR1.
3. One spouse must be a U.S. citizen who will act as the petitioner/sponsor for the foreign national spouse.
4. The couple must provide documentation proving the legitimacy of their marriage, such as a marriage certificate, photos, travel records, etc.

How to Apply for an IR1 Green Card? 

The process for a spouse to receive a Green Card is generally less lengthy than for other Green Card applicants. Qualified individuals may apply for a Green Card through either consular processing or adjustment of status.  

Consular Processing for the IR1 Visa

Consular processing is available for applicants who are currently living outside of the United States.  Under consular processing, applicants must follow the steps outlined below:

File an Immigrant Visa Petition 

In order to begin the process for consular processing, the applicant’s U.S. citizen or Green Card holder spouse will need to submit the applicant’s immigration petition Form I-130, Petition for Alien Relative to the United States Citizenship and Immigration Services (USCIS). 

When Form I-130 is submitted, documentation must be included to prove that the marriage is valid, including a valid marriage certificate, divorce documents from any previous marriages, and documentation proving the marriage is legitimate. 

File Form DS-260, Immigrant Visa Electronic Application 

After filing an immigrant visa petition, the visa applicant must file Form DS-260, Immigrant Visa Electronic Application by providing information regarding the applicant’s background, biographical information, and reason for immigrating to the United States.  

Attend Interviews at the Consulate or Embassy

After an applicant’s immigrant visa petition and electronic application are submitted, he or she will need to attend an interview at the U.S. Embassy or Consulate nearest to them where a U.S. official will ask questions relevant to the individual’s desire to live in the United States permanently.  The consulate officer conducting the interview will likely inquire into the applicant’s relationship with the U.S. citizen and assess the legitimacy of the relationship

After Immigrant Visa is Granted

Once an applicant’s visa petition is approved and an immigrant visa is granted, he or she will receive a sealed Visa Packet that must be brought to a United States port of entry when the individual seeks entry into the United States, and must not be opened prior to arrival at the port of entry.  

The Visa Packet may be given to the applicant at the interview with a U.S. consulate officer.  So long as the individual has paid all USCIS fees, the individual’s Green Card should arrive by mail to the individual’s United States address within 45 days of arrival in the United States. 

Adjusting Status for the IR1 Visa

Individuals already living in the United States can seek to change their status as a spouse of a United States citizen or Green Card holder. Spouses may adjust their status by following the steps below:

File an Immigrant Visa Petition and Change of Status Petition 

Much like consular processing, an applicant seeking to change his or her status must have someone (such as a spouse or parent) submit immigration petition Form I-130, Petition for Alien Relative to the USCIS in order to stay permanently in the United States.  

Unlike consular processing, Form I-485, Application to Register Permanent Residence or Adjust Status must also be filed after the immigrant visa petition is approved or at the same time as the immigrant visa petition.  Only immediate relatives to U.S. citizens, including spouses, are permitted to submit Form I-485 at the same time as the immigration petition.  

Submit Supporting and Identifying Documentation 

When submitting Form I-130 and Form I-485 to adjust status, a spouse must submit other supporting identifying documentation, including: 

• Two passport-style photographs that conform to Department of State photo requirements; 
• Copy of the Form I-797, Approval or Receipt Notice (for the Form I-130 petition filed on the applicant’s behalf) 
  • Note: Form I-797 does not need to be filed if Form I-130 and Form I-485 is filed together
• Copy of applicant’s birth certificate; 
• Copy of valid marriage certificate; 
• Copy of valid divorce from any prior marriages; 
• Documentation evidencing the marriage’s legitimacy; 
• Copy of applicant’s passport page with non-immigrant visa; 
• Copy of applicant’s passport page with admission or parole stamp issued by a U.S. immigration officer; 
• Copy of government-issued ID with applicant’s photograph; 
• Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document 

Attend an Application Support Center Appointment 

After Form I-485 is filed, an applicant will have to attend an appointment to provide fingerprints, photograph, a signature, and an acknowledgement that the applicant has provided true and accurate information.  The applicant will receive a notice in the mail informing him or her of the appointment time, date, and location. 

Attend an Interview 

Similar to consular processing, some applicants may have to attend an interview prior to receiving approval of their change of status application.  However, an interview is not required for all applicants.  Thus, an individual will receive a notice of the interview time, date, and location if one is necessary. 

After Change of Status is Granted

After an applicant’s change of status is approved, he or she will first receive a notice of approval.  The applicant’s Green Card document will be sent soon thereafter. 

Timeline and Processing Times for IR1 Visa

The timeline and processing times for IR1 visas can vary depending on several factors, including the workload of the U.S. Citizenship and Immigration Services (USCIS) and the National Visa Center (NVC), as well as the applicant’s country of origin. Here are the general steps and processing times for IR1 visas:

Timeline for IR1 Visa

1. Form I-130 Processing Time: The processing time for Form I-130, Petition for Alien Relative, is currently estimated at 14 months according to the USCIS processing time website.
2. National Visa Center (NVC) Processing Time: The NVC processing time can take anywhere from 3 weeks to several months.
3. Consular Interview: The consular interview is typically scheduled within 3 months after the NVC processing time is complete.
4. Form I-485 (if currently in the USA) Processing Time: The processing time for Form I-485, Application to Register or Adjust Status, is currently estimated at anywhere from 10 to 24 months.

Overall Processing Time

The entire IR1 visa process can take anywhere from 1 year to 2 years, depending on individual circumstances and current processing times. Applicants need to monitor their case status regularly, respond promptly to any requests for additional information, and ensure that all required documentation is submitted accurately to minimize delays in processing.

Additional Information

• IR1 Visa Processing Time: The IR1 visa processing time is generally completed within ten months but oftentimes is completed within eight months.
• Waiting Period: The waiting period for CR1 or IR1 visas is typically 4 to 6 months, although this can vary depending on the specific circumstances.

FAQs

Can Widows or Widowers Receive the IR1 Visa? 

Individuals who were married to a now-deceased United States citizen may receive a Green Card despite the U.S. citizens death so long as the Green Card applicant can prove he or she was legally married to the now-deceased U.S. citizen, that the marriage was entered into in good faith, and not only for the benefit of immigrating to the United States. 

• Filing Form I-360

Individuals who had not began the application process for a Green Card prior to the U.S. citizen’s death may self-petition within two years of the U.S. citizen’s death as an “immediate relative” by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. 

The widow(er) must have been married to the U.S. citizen at the time of his or her death.  Thus, divorced individuals do not qualify for Form I-360.  Also, if the widow(er) remarries following the U.S. citizens death, his or her eligibility to immigrate as a widow(er) of the now-deceased U.S. citizen ends. 

• If Form I-130 Was Already Filed at U.S. Citizen’s Death

Individuals who were married to a now-deceased U.S. citizen who died during the application process, after Form I-130 was already filed do not need to file again.  Instead, the USCIS will automatically convert Form I-130 into Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.  Children of the applicant will be included on Form I-360 regardless of whether or not the now-deceased U.S. citizen originally began the application process for the children.

How Much Does it Cost to Apply for the IR-1 Visa? 

The cost to apply for the IR-1 visa includes several fees:

1. Form I-130, Petition for Alien Relative: $675 (paper) or $625 (online).
2. DS-260, Immigration Visa Application Processing: $325.
3. Medical Exam: $100 – $500 (depending on the facility).
4. USCIS Immigrant Fee (if outside the US): $220.
5. I-485 Filing Fee (if inside the US): $1,440

Conclusion

The IR1 visa is designed for foreign-born spouses of U.S. citizens who have been married for at least two years, allowing them to live permanently in the U.S. without any conditions tied to their residency status. The process to obtain the visa involves several steps, including filing forms such as Form I-130 and DS-260, attending interviews, and submitting supporting documentation. There are two primary routes to obtain this visa: through consular processing if the spouse is outside the U.S., or adjustment of status if they are already in the U.S. Processing times can vary, typically ranging from one to two years, depending on individual circumstances. It’s essential for applicants to prepare all necessary documents and stay informed about the progress of their case.

For personalized guidance through the IR1 visa process, consider consulting the immigration experts at Khandelwal Law. They can provide tailored assistance to help ensure a smooth application process. You can contact to schedule a consultation.

Disclaimer:

If any pricing information provided here is for reference only and may fluctuate due to changes in government policy, economic conditions, or other factors. For the most accurate and current USCIS fees, please refer to the relevant government websites or official resources. The attorney fees mentioned are approximate and will depend on the facts and circumstances of each individual case. Fees and costs are subject to change and should not be considered final.