IR1 Visa

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?

In order to qualify for the IR1 visa, the visa applicant must be legally married to a United States citizen.

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 Interview at 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 inside the United States can seek to change their status as a spouse of a United States citizen or Green Card holder. Spouses may adjustment 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.

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 file Form I-130, Petition for Alien Relative is $535.

The cost of the Biometrics Services Appointment is $85.

The cost to file Form I-485 is $1,140.

Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.