Marriage Visa (IR1 or CR1)

Steps to Apply for IR1 and CR1 Visas

The application process for IR1 and CR1 visas for spouses of U.S. citizens follows the same steps, with the following details:

1. Filing the I-130 Petition

1.1 Prepare Documents:

• Complete Form I-130 (Petition for Alien Relative)
• Copy of marriage certificate (certified copy)
• Passport-style photos meeting requirements (check at photogov.net)
• Proof of U.S. citizenship for the petitioner (e.g., copy of U.S. passport or birth certificate)
• Evidence of name change (if applicable)

1.2 Submit the Petition:

• Send Form I-130 and supporting documents to USCIS at the address specified in the instructions

1.3 Await Approval:

• Wait for USCIS to review and approve the petition (takes approximately 6-12 months, depending on the filing location)

2. Processing at the National Visa Center (NVC)

2.1 Case Receipt:

• Once the I-130 is approved by USCIS, the case is transferred to the NVC
• NVC assigns a case number and notifies the petitioner and applicant via letter or email

2.2 Pay Fees:

• Pay the visa processing fee and the Affidavit of Support (I-864) fee online through the NVC system

3. Submit Form DS-260

3.1 Complete the Form:

• The applicant completes Form DS-260 (Immigrant Visa Application) online via the U.S. Embassy website
• Provide personal information and other required details

3.2 Submit Supporting Documents:

• The petitioner submits Form I-864 (Affidavit of Support) with required documents, such as annual tax returns, proof of employment, and financial records
• The applicant submits personal documents, such as a birth certificate, marriage certificate, police clearance certificate, and passport-style photos

4. Document Review

4.1 Verification:

• NVC reviews all documents to ensure they are complete and accurate
• If documents are missing, NVC will request additional evidence (Request for Evidence – RFE)

5. Schedule an Interview

5.1 Appointment:

• Once all documents are verified as complete, NVC coordinates with the U.S. Embassy or Consulate in Thailand to schedule an interview
• The applicant receives an interview appointment letter with preparation instructions

6. Medical Examination and Interview

6.1 Medical Examination:

• The applicant undergoes a medical examination with a doctor approved by the U.S. Embassy (e.g., BNH Hospital or Bumrungrad International Hospital)

6.2 Interview:

• The applicant attends an interview at the U.S. Embassy or Consulate
• The interviewer asks questions about personal details, the relationship with the petitioner, and plans in the U.S.

7. Visa Issuance

7.1 Visa Issuance:

• If the interview is successful and all documents are complete, the applicant receives an immigrant visa (IR1 or CR1)

8. Travel to the U.S. and Status Adjustment

8.1 Travel:

• Travel to the United States and pass immigration inspection at the port of entry

8.2 Status Adjustment:

• For CR1 visa holders, file Form I-751 (Petition to Remove Conditions on Residence) to adjust to permanent status within 90 days before the 2-year Green Card expires

Differences Between IR1 and CR1

IR1 (Immediate Relative Visa)

• Condition: For spouses married for more than 2 years as of the visa approval date
• Status: Receives permanent resident status immediately and a 10-year Green Card

CR1 (Conditional Resident Visa)

• Condition: For spouses married for less than 2 years as of the visa approval date
• Status: Receives conditional resident status and a 2-year Green Card; must file Form I-751 to adjust to permanent status before the Green Card expires