What is a CR-1 Visa?

The processing time at the USCIS and NVC usually takes more time for the CR-1 than for either of the K Visas. The reason for this: the CR-1 is an immigrant visa and the NVC will scrutinize the Beneficiary of a CR-1 more than for the K visas because the K visa holder must adjust status at a later date. The upside of this: the CR-1 visa holder gets to enter the US as a conditional permanent resident and does not need to change status once in the US.

1. The sponsoring husband or wife must be a U.S. citizen, and the beneficiary must be their spouse;
2. There must be a pending immigration petition naming the foreign spouse as a beneficiary on file with the USCIS;
3. The marriage between the U.S. citizen and foreign spouse must be valid, meaning that they have met all requirements to have a valid marriage in the country/jurisdiction where they married, and were not subject to any impediment (such as a non-terminated prior marriage) to their ability to marry at that time.

After obtaining a CR-1 visa, the foreign spouse (and their unmarried minor children, if applicable) can travel to the U.S. and live with their spouse. As stated above, 90 days prior to the 2nd anniversary of attainment of conditional resident status, the US citizen and his foreign national spouse can file to have the “conditional” status lifted

The CR-1 Visa is the “best” visa that a couple married less than two years can get (if married for longer than 2 years, the couple can file for an IR-1 which doesn’t have a “conditional” period of residence, but instead confers immediate permanent residence to the holder). However, given the lengthy processing times at most USCIS service centers; it is a protracted process that can be frustrating. The upshot of this is that all of the adjustment of status work is done before the foreign spouse enters the US. Thus, from the moment the foreign spouse enters the United States he or she is legally entitled to work and will not have to adjust his or her status in order to remain in the United States.

The process for applying for a CR-1 visa is somewhat complicated. The first step is to file an immigration petition for the foreign spouse. This will involve gathering substantial amounts of information about both the foreign spouse and the U.S. citizen spouse.

The immigration petition should be filed with one of the two (2) USCIS regional service centers responsible for processing such petitions: the Vermont Service Center or the California Service Center. Which service center you should file the immigration petition with depends on the state where you live.

After you receive a formal USCIS receipt or equivalent proof that you have filed the immigration petition, you can then file a CR-1 visa petition with the USCIS' National Benefits Center ("NBC"). Unlike other immigration petitions (including K1 visa petitions), the National Benefits Center processes all CR-1 visa applications in the United States, so your CR-1 visa petition will go there regardless of where you live in the United States.

After the NBC processes and approves your CR-1 visa petition, it will forward it to the National Visa Center ("NVC"). The NVC will in turn forward it on to the relevant consulate. Your spouse (and their/your minor children) will have to attend a visa interview at that consulate (technically, you do not have to attend the interview, although it is best if you do). At the consular interview, the interviewing officer usually will focus on verifying the bona fide nature of your relationship with your spouse and on your ability to support your spouse and their/your children if they are admitted to the United States. However, other issues can arise if your spouse has ever had any immigration issues in the United States or if they have any kind of criminal history.

Once your spouse has been granted a CR-1 visa, they will be able to come live with you in the United States, and because the CR-1 is a "multiple-entry" visa, they can travel using it.

Yes, the CR-1 Visa Spouse will be able to work upon entry into the United States. In fact, their stamped passport acts as a temporary, “green card,” until a permanent one is issued 2-3 month later.

Yes, you are free to travel outside U.S. No advance parole necessary for travel outside the U.S. CR-1 visas are valid in perpetuity

1. International Law Firm: We have offices located in Bangkok, London and Las Vegas. Our experienced lawyers know international immigration law in USA, Thailand and United Kingdom. We have experience dealing with embassies in Bangkok. Other lawyers practicing solely in USA have little, if any, experience dealing with the US Embassy in Bangkok. The US Embassy’s Consular Section in Bangkok is the key decision maker in whether to approve the visa or not.
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	CR-1 Visa
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	K-1 Visa Process