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VISAS

For Couples Already Married — The Spousal Visa

A CR-1 (Conditional Resident) and IR-1 (Immediate Relative) spousal visa is an immigrant visa that allows the foreign spouse of a U.S. citizen to enter the United States as a lawful permanent resident (green card holder). The visa enables the foreign spouse to live and work in the U.S. permanently, with the opportunity to apply for U.S. citizenship after meeting residency requirements.

The CR-1 and IR-1 visas are similar, but they differ based on the duration of the marriage:

CR-1 Visa (Conditional Resident): This visa is issued if the marriage between the U.S. citizen and foreign spouse is less than two years old at the time of visa approval. The foreign spouse enters the U.S. as a conditional permanent resident. The conditional status lasts for two years, after which the couple must jointly file to remove the conditions (Form I-751) to obtain a permanent green card.
IR-1 Visa (Immediate Relative): This visa is issued if the marriage has lasted more than two years at the time of visa approval. The foreign spouse enters the U.S. as a permanent resident without the need to remove any conditions on the green card. The green card is valid for 10 years, and the foreign spouse may apply for citizenship after three years of permanent residency.

Eligibility Requirements for CR-1/IR-1 Spousal Visa

To qualify for a CR-1 or IR-1 spousal visa, several eligibility criteria must be met by both the U.S. citizen petitioner and the foreign national spouse:

Valid Marriage: The petitioner (U.S. citizen) and the foreign spouse must be legally married. The marriage must be recognized as valid in the country where it took place. Common-law marriages may be recognized in certain circumstances, but proof of such a relationship must meet specific requirements. Marriages for the purpose of obtaining immigration benefits (i.e., "fraudulent marriages") are strictly prohibited.
U.S. Citizen Petitioner: The petitioning spouse must be a U.S. citizen. The petitioner must file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS) to establish the relationship.
Sufficient Financial Support: The U.S. citizen petitioner must demonstrate the ability to financially support the foreign spouse by submitting an Affidavit of Support (Form I-864). This form ensures that the foreign spouse will not become a public charge. The petitioner's income must meet or exceed 125% of the U.S. federal poverty guidelines. If the petitioner does not meet the income requirement, a joint sponsor may be used.
No Prior Immigration Violations or Criminal History: The foreign spouse must have no serious criminal history or previous violations of U.S. immigration law that would render them inadmissible. If there are any immigration violations (such as previous visa overstays or unlawful presence), waivers may be available to overcome these obstacles, but this requires legal assistance.
Good Faith Marriage: The marriage must be bona fide (genuine), meaning that it was entered into with the intention of building a life together, not solely for the purpose of obtaining an immigration benefit. USCIS will assess various factors to determine the legitimacy of the marriage, such as shared financial responsibilities, cohabitation, and the history of the relationship.

How Our Law Office Helps You Obtain a CR-1 Spousal Visa

Navigating the CR-1 spousal visa process can be complex and challenging, but our law office is here to provide comprehensive support and guidance every step of the way. Here's how we can assist you in obtaining a CR-1 visa:

Initial Consultation and Assessment

Detailed Evaluation: We conduct a thorough initial consultation to assess your eligibility for the CR-1 visa, understanding your unique situation and relationship dynamics.
Customized Plan: Based on our evaluation, we create a personalized plan that outlines the steps and timeline for your CR-1 visa application process.

Documentation Preparation

Document Checklist: We provide a detailed checklist of all required documents, ensuring you know exactly what is needed.
Evidence Collection: Our team assists you in gathering comprehensive evidence to prove the bona fide nature of your marriage, including photographs, correspondence, joint financial documents, and affidavits from friends and family.
Form I-130 Preparation: We help you accurately complete Form I-130, Petition for Alien Relative, ensuring all information is correct and complete to avoid delays.

Filing and Communication

USCIS Submission: We handle the submission of your Form I-130 and supporting documents to USCIS, making sure everything is properly filed and tracked.
Case Monitoring: Our team monitors the status of your application, keeping you informed of any updates and progress.
Communication with USCIS: We manage all communications with USCIS on your behalf, promptly addressing any requests for additional evidence or information.

National Visa Center (NVC) Processing

NVC Coordination: Once USCIS approves your petition, we coordinate with the National Visa Center to ensure your case is processed quickly and efficiently.
Document Submission: We assist in submitting the required documents and fees to the NVC, ensuring everything is in order for consular processing.

Consular Processing and Interview Preparation

Consular Processing Guidance: We guide you through the consular processing stage, helping you prepare for the next steps at the U.S. embassy or consulate in your spouse's country.
Interview Preparation: Our team provides thorough interview preparation, including mock interviews and detailed guidance on how to answer common questions. We help you understand what to expect and how to present your case confidently.
Document Review: We review all documents required for the consular interview, ensuring everything is complete and accurately presented.

Post-Approval Support

Visa Issuance Assistance: Once your CR-1 visa is approved, we assist you in understanding the visa issuance process and preparing for your spouse's arrival in the United States.
Travel Guidance: We provide guidance on travel arrangements and what to expect upon entering the United States.

Adjustment of Status

Adjustment of Status Preparation: After your spouse arrives in the U.S., we assist with the adjustment of status process to remove the conditions on their permanent residency.
Form I-751 Preparation: We help you complete and file Form I-751, Petition to Remove Conditions on Residence, ensuring all necessary documentation is included.

Ongoing Support

Continued Communication: Our office remains available for any questions or concerns throughout the entire process, providing ongoing support and updates.
Legal Representation: If any issues arise, such as a request for additional evidence or a potential denial, our attorney is ready to provide legal representation and advocacy on your behalf.

Why Choose Our Law Office?

Personalized Approach: We recognize that each case is unique, and we provide personalized service to address the specific needs of your situation. We work closely with you to develop a strategy tailored to your circumstances.
Comprehensive Support: From the initial petition to the consular interview and beyond, we provide end-to-end support throughout the K-1 visa process. Our team ensures that all forms are completed accurately, all documentation is gathered, and all deadlines are met.
Responsive Communication: We maintain open lines of communication with our clients, providing regular updates and addressing any questions or concerns you may have throughout the process.

Conclusion

The spousal visa is a vital pathway for U.S. citizens and permanent residents to reunite with their foreign spouses and build a life together in the United States. Our law office is committed to making this process as smooth as possible for you and your spouse. With our experience and personalized attention, we guide you through every step of the spousal visa application, ensuring all requirements are met and you are well-prepared for the journey ahead.

Online Forms. Our easy-to-use online forms make starting your visa application simple and convenient. Provide essential details securely, and we'll guide you through the next steps. Begin your immigration journey today with a process designed for your ease and efficiency.

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Schedule A Call. Schedule a call with us today to get started on your journey to be together in the United States. Our immigration attorneys are here to provide the guidance and support you need to achieve your immigration goals. Let us help you bring your spouse to the U.S. and build a future together.

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For Couples Already Married — The Spousal Visa

The CR-1 and IR-1 visas are similar, but they differ based on the duration of the marriage:

CR-1 Visa (Conditional Resident): This visa is issued if the marriage between the U.S. citizen and foreign spouse is less than two years old at the time of visa approval. The foreign spouse enters the U.S. as a conditional permanent resident. The conditional status lasts for two years, after which the couple must jointly file to remove the conditions (Form I-751) to obtain a permanent green card.
IR-1 Visa (Immediate Relative): This visa is issued if the marriage has lasted more than two years at the time of visa approval. The foreign spouse enters the U.S. as a permanent resident without the need to remove any conditions on the green card. The green card is valid for 10 years, and the foreign spouse may apply for citizenship after three years of permanent residency.

Both visas provide a direct pathway to obtaining a green card for the foreign spouse, allowing them to live and work in the U.S. as lawful permanent residents.

Eligibility Requirements for CR-1/IR-1 Spousal Visa

To qualify for a CR-1 or IR-1 spousal visa, several eligibility criteria must be met by both the U.S. citizen petitioner and the foreign national spouse:

Valid Marriage: The petitioner (U.S. citizen) and the foreign spouse must be legally married. The marriage must be recognized as valid in the country where it took place. Common-law marriages may be recognized in certain circumstances, but proof of such a relationship must meet specific requirements. Marriages for the purpose of obtaining immigration benefits (i.e., "fraudulent marriages") are strictly prohibited.
U.S. Citizen Petitioner: The petitioning spouse must be a U.S. citizen. The petitioner must file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS) to establish the relationship.
Sufficient Financial Support: The U.S. citizen petitioner must demonstrate the ability to financially support the foreign spouse by submitting an Affidavit of Support (Form I-864). This form ensures that the foreign spouse will not become a public charge. The petitioner's income must meet or exceed 125% of the U.S. federal poverty guidelines. If the petitioner does not meet the income requirement, a joint sponsor may be used.
No Prior Immigration Violations or Criminal History: The foreign spouse must have no serious criminal history or previous violations of U.S. immigration law that would render them inadmissible. If there are any immigration violations (such as previous visa overstays or unlawful presence), waivers may be available to overcome these obstacles, but this requires legal assistance.
Good Faith Marriage: The marriage must be bona fide (genuine), meaning that it was entered into with the intention of building a life together, not solely for the purpose of obtaining an immigration benefit. USCIS will assess various factors to determine the legitimacy of the marriage, such as shared financial responsibilities, cohabitation, and the history of the relationship.

How Our Law Office Can Help You Obtain a CR-1/IR-1 Spousal Visa

The CR-1/IR-1 spousal visa process involves multiple steps, including filing petitions, providing documentation, attending interviews, and meeting specific deadlines. Our law office is committed to providing comprehensive guidance and support throughout the entire process, ensuring that your application is filed accurately and efficiently. Here's how we can help:

Initial Consultation and Assessment

Detailed Evaluation: We conduct a thorough initial consultation to assess your eligibility for the CR-1 or IR-1 visa, understanding your unique situation and relationship dynamics.
Customized Plan: Based on our evaluation, we create a personalized plan that outlines the steps and timeline for your CR-1 or IR-1 visa application process.

Documentation Preparation

Document Checklist: We provide a detailed checklist of all required documents, ensuring you know exactly what is needed.
Evidence Collection: Our team assists you in gathering comprehensive evidence to prove the bona fide nature of your marriage, including photographs, correspondence, joint financial documents, and affidavits from friends and family.
Form I-130 Preparation: We help you accurately complete Form I-130, Petition for Alien Relative, ensuring all information is correct and complete to avoid delays.

Filing and Communication

USCIS Submission: We handle the submission of your Form I-130 and supporting documents to USCIS, making sure everything is properly filed and tracked.
Case Monitoring: Our team monitors the status of your application, keeping you informed of any updates and progress.
Communication with USCIS: We manage all communications with USCIS on your behalf, promptly addressing any requests for additional evidence or information.

National Visa Center (NVC) Processing

NVC Coordination: Once USCIS approves your petition, we coordinate with the National Visa Center to ensure your case is processed quickly and efficiently.
Document Submission: We assist in submitting the required documents and fees to the NVC, ensuring everything is in order for consular processing.

Consular Processing and Interview Preparation

Consular Processing Guidance: We guide you through the consular processing stage, helping you prepare for the next steps at the U.S. embassy or consulate in your spouse's country.
Interview Preparation: Our team provides thorough interview preparation, including mock interviews and detailed guidance on how to answer common questions. We help you understand what to expect and how to present your case confidently.
Document Review: We review all documents required for the consular interview, ensuring everything is complete and accurately presented.

Post-Approval Support

Visa Issuance Assistance: After the visa is approved, the foreign spouse can enter the U.S. as a lawful permanent resident. We provide guidance on what to expect upon entry, including the processing of the immigrant visa at the port of entry and the issuance of the green card.
Travel Guidance: We provide guidance on travel arrangements and what to expect upon entering the United States.

Adjustment of Status

Adjustment of Status Preparation: After your spouse arrives in the U.S., we assist with the adjustment of status process to remove the conditions on their permanent residency.
Form I-751 Preparation: We help you complete and file Form I-751, Petition to Remove Conditions on Residence, ensuring all necessary documentation is included.

Ongoing Support

Continued Communication: Our office remains available for any questions or concerns throughout the entire process, providing ongoing support and updates.
Legal Representation: If any issues arise, such as a request for additional evidence or a potential denial, our attorney is ready to provide legal representation and advocacy on your behalf.

Why Choose Our Law Office?

Personalized Approach: We recognize that each case is unique, and we provide personalized service to address the specific needs of your situation. We work closely with you to develop a strategy tailored to your circumstances.
Comprehensive Support: From the initial petition to the consular interview and beyond, we provide end-to-end support throughout the K-1 visa process. Our team ensures that all forms are completed accurately, all documentation is gathered, and all deadlines are met.
Responsive Communication: We maintain open lines of communication with our clients, providing regular updates and addressing any questions or concerns you may have throughout the process.

Conclusion

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Schedule A Call. Schedule a free consultation with Attorney Thinh Huynh at a time that fits your schedule. I am here to provide guidance and answer your questions with convenience and care.

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Attorney Thinh Huynh understands firsthand the challenges and hopes tied to the immigration journey. As an immigrant himself, Thinh came to the United States from Vietnam as a young child, an experience that shaped his commitment to helping others pursue their dreams of building a life in America.

Thinh graduated from the University of Iowa College of Law, where he distinguished himself as a member of the Iowa Law Review. During that time, he gained valuable experience working at Husch Blackwell, an AmLaw Top 100 Law Firm, furthering his legal expertise and advocacy skills.

Now, Thinh focuses his practice on immigration law, specializing in uniting families and guiding individuals through the complexities of the U.S. immigration system. With a personal connection to his clients' journeys, Thinh combines his legal knowledge with compassion and dedication, making him a trusted ally for those seeking to build a future in America.

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At our law office, we are committed to providing you and your loved ones with the guidance and support you deserve throughout your immigration journey.

We promise to be with you every step of the way. Whether you are reuniting with family, pursuing your dreams, or seeking a fresh start, you can count on us to stand by your side.
We promise to answer your questions promptly. Navigating the immigration process can be complex, but we are here to provide clear and timely answers to ease your concerns.

Trust us to be your advocates, your advisors, and your steadfast partners on this important journey.

For Couples Already Married — The Spousal Visa

Eligibility Requirements for CR-1/IR-1 Spousal Visa

How Our Law Office Helps You Obtain a CR-1 Spousal Visa

Initial Consultation and Assessment

Documentation Preparation

Filing and Communication

National Visa Center (NVC) Processing

Consular Processing and Interview Preparation

Post-Approval Support

Adjustment of Status

Ongoing Support

Why Choose Our Law Office?

Conclusion

CALL US

(844) 674-2334

CONTACT US NOW

Thank you for contacting us . . . We will get in touch shortly

For Couples Already Married — The Spousal Visa

Eligibility Requirements for CR-1/IR-1 Spousal Visa

How Our Law Office Can Help You Obtain a CR-1/IR-1 Spousal Visa

Initial Consultation and Assessment

Documentation Preparation

Filing and Communication

National Visa Center (NVC) Processing

Consular Processing and Interview Preparation

Post-Approval Support

Adjustment of Status

Ongoing Support

Why Choose Our Law Office?

Conclusion