Family Visa Sub IR-1

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About IR-1 Visa

What is IR-1?

IR-1 is an immigrant visa for the spouse of a US citizen. Unlike the spouse of a Green Card holder who is subject to impact of the F-2 schedule, the spouse of a US citizen can immediately apply for the IR-1 visa classification to obtain Green Card.

As a reminder, according to US legal requirements, de facto marriages that involve the couple living together without undertaking legal procedures is not recognized, therefore you must obtain a legally binding marriage certificate. Applicants who have been married for more than 2 years will be granted a 10-year Green Card after the IR-1 application is approved, while applicants married for less than 2 years before applying will be granted a CR-1 (conditional relative) Visa and a temporary Green Card with a 2-year limit. You and your spouse must apply together to the USCIS to remove the conditional status within the 90 days before the two-year anniversary of the spouse’s entry into the US on his or her immigrant visa in order to obtain the 10-year Green Card.

If your spouse is currently in the US, you can simultaneously submit Form I-130 (Petition for Alien Relative) and I-485 (Application to Register Permanent Residence or Adjust Status) to apply for adjustment of status in the US. If your spouse is abroad, you need to first submit Form I-130 to the USCIS, and checkmark the ‘adjust status overseas’ option; the USCIS will notify the consulate of your spouse’s home country when processing your application. After I-130 has been approved, your spouse can then apply for IR-1 at their local consulate to come to the US to reunify with you.

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