Providing Legal Assistance to Recently Married Couples

If you’re a U.S. citizen who has recently wed a foreign national, you may be facing difficulties starting a life together in the United States of America. Too often, the alien spouse has to wait a long time before they are allowed to receive their green card, granting them legal permanent residency in the USA. Luckily, there is a spousal visa available under U.S. immigration law that helps speed along the process for the recently married, presenting the newlyweds a chance to live together in the U.S. with a certain set of conditions.

The C-R1 visa is one of many family-based immigration visas. The C-R1 was specially designed for couples who have been legally married for a relatively short period of time, granting the foreign spouse the opportunity to live and reside with their U.S. citizen spouse sponsor without the long immigration process necessary for a green card.

The visa application process can be difficult, however, and many applicants throw their hands up in frustration before reaching their goals. Others accidentally file their necessary documents incorrectly or fail to understand the strict requirements and are surprised when United States Citizenship and Immigration Services (USCIS) responds to their petition with a firm denial.

Don’t despair because help is available. Speak to an experienced immigration lawyer at the law firm of Elizabeth Rosario Law, PLC. Our law offices have years of dedicated experience providing helpful and compassionate legal representation to clients looking to immigrate to the United States. To learn more about our legal services, please contact our law office to schedule your initial consultation.

What is the Difference Between a C-R1 and an I-R1 Visa?

There are a number of similarities between CR1 and IR1 visas. First of all, they’re both immigrant visas reserved for married couples. There are a few key differences, however.

An IR1 visa is reserved for couples who have been legally married for more than two years. If the married couple qualifies, the beneficiary spouse would receive their marriage visa without any set conditions. They would be allowed to renew their green card every ten years and could, in time, pursue the pathway to United States citizenship.

A CR1 visa, on the other hand, is reserved for couples who have been lawfully wed for less than two years. The CR1 visa would make the recipient spouse a conditional resident. After two years with this status, the foreign-born spouse would be able to petition for an adjustment of status to have the conditions removed and become a legal permanent resident.

What Are the Eligibility Requirements for a C-R1 Visa?

There are not many requirements for a C-R1 visa, but the requirements in place are strict. To ensure that you have met the basic eligibility requirements, please contact our law firm to discuss your case with our immigration lawyers.

Eligibility requirements for C-R1 visas include the following:

• The sponsor spouse must be a U.S. citizen. The beneficiary spouse can then therefore count as your immediate relative for the purposes of the immigrant visa.
• The marriage must be legal and bona fide. There will be ways to determine whether the marriage is illegitimate for the purpose of getting a foreign spouse legal entrance into the country.
• The U.S. citizen spouse must meet the basic income requirements, proving that they have the means to provide financial support to their foreign national spouse.
• The two spouses can only be married to each other. Any former marriages must be dissolved.

If you meet these requirements and have been married to your husband or wife for two years or less, you may qualify for a C-R1 visa. If you have been married longer than two years, please consider an I-R1 visa instead.

What is the C-R1 Application Process?

In order to get approved for a C-R1 visa, an applicant must first go through several steps in the immigration process. This will include paying required governmental filing fees, gathering the necessary evidence to prove that your marriage is legitimate, and filing the proper forms in a timely manner.

First of all, the sponsoring spouse must file Form I-130, the petition for an alien relative. After the petition has been approved, the forms and documents are passed along to the National Visa Center (NVC), which will require that the U.S. citizen spouse submit Form DS-261 and then DS-260, which is an affidavit of support.

The foreign spouse must undergo a medical examination and get their biometrics done. Then, the foreign national spouse must attend an interview at their local U.S. Embassy or Consulate.

Every stage of the application process is important. Any error could result in a delay that lasts weeks or months or potentially could result in the entire application being denied. This is why it is highly advisable that you work with an experienced C-R1 visa lawyer at all times to ensure that your papers are properly filed, and all evidence is in order to support your case.

Schedule an In-Depth Case Evaluation with Our Experienced Immigration Attorneys Today

Many recently married couples could benefit greatly from the C-R1 visa. Without it, newly wedded couples may be separated by national borders while waiting for a decision on whether the foreign national is able to successfully obtain a green card. Unfortunately, the process for acquiring a C-R1 visa can feel needlessly complicated at times, with many applicants messing up along the way, leading to unnecessary delays and denials.

The law firm of Elizabeth Rosario Law, PLC. has extensive experience helping clients in pursuit of their immigration visas. We would be proud to lend you legal counsel as you seek a C-R1 visa for your foreign spouse. Contact us at  616-530-0101.