Spouse Visas

CR-1 or IR-1 Spouse Visa

U.S. citizens or permanent residents may bring their spouses to live with them in the United States. Spousal visas are either a CR-1 or IR-1, depending on your marital status.
CR-1 Visa: Individuals married for less than two years are granted a Conditional Resident (CR-1) visa. This visa is only valid for two years, and you will need to apply to remove the “conditional” status from your green card after two years. Then, you can receive a permanent resident card, which will be valid for 10 years.

IR-1 Visa: Individuals married for more than two years are granted an Immediate Relative (IR-1) visa. This green card is valid for 10 years and has no conditions. It can be renewed at the end of 10 years.

General Details:

• There is no set waiting period for spouses of U.S. citizens or permanent residents to come to the United States.
• CR-1 or IR-1 visas may take approximately 9 -18 months to process, depending on the location of the applicants.
• Spouses coming from certain countries with high numbers of applicants may take longer.

One of our Scottsdale Immigration Lawyers can help you take the necessary steps to gather the fees and documentation and submit the correct applications to bring your spouse to the U.S. as soon as possible. Contact us today to learn more details.

I-751 Removal of Conditions Petition

Spouses who receive a Conditional Resident (CR-1) must submit an I-751 Removal of Conditions petition during the 90-day period before their conditional resident card expires. Once this petition is approved, the spouse will receive an IR-1 visa that is good for 10 years.

The married couple must provide substantial evidence to satisfy the requirements of the I-751 petition. The United States expects sufficient evidence after a two-year marriage to meet these demands. The evidence must demonstrate that the couple has lived together and shared financial resources together.

Common evidence can include:

• Statements from a joint bank account
• Birth certificates for any children born during the two-year period
• Property deeds with both names listed
• Photos from the period in question
• Utility bills
• Joint mobile phone accounts
• Documents showing joint ownership of any cars
• Joint online retail accounts
• Insurance policies (automobile, health, or life) covering each other
• Wills, estate planning documents, or other benefits naming each other as beneficiaries of the policies

JCL Immigration Attorneys recommends saving these items throughout the two-year period, so you have substantial evidence on hand when you file your I-751 petition. Our lawyers can help with filing and providing the necessary documents.

K-1 Visa for Fiancé

A U.S. citizen may petition his or her fiancé for a fiancé visa, so that he/she may enter the U.S. as a fiancé to get married. A green card holder cannot submit a fiancé petition; only U.S. citizens can.

General Details:

• The I-129F fiancé petition process usually takes about 6 to 12 months.
• The fiancé is interviewed at a local U.S. consulate. The visa officer will ask questions to verify that the relationship is real.
• The fiancé is required to marry the U.S. citizen within 90 days.
• After the fiancé and the U.S. citizen are married, the new spouse may submit an I-485 application to obtain a green card.

JCL Immigration Attorneys has Fiancé Visa Attorneys in Scottsdale, AZ, who can help you both provide the necessary documentation and complete the application process.