If a United States citizen has a spouse in another country, they can work with an Augusta marriage visa lawyer to apply for a Marriage Visa. A Marriage Visa is an immigration visa that allows a spouse to immigrate to the United States and become a legal citizen. There are two types of marriage visas to consider. They are a CR1 Marriage Visa and an IR1 Marriage Visa.
The immigration attorneys at Barrios & Virgüez assist Augusta residents with Marriage Visa applications. We guide them through every step of the immigration process because we understand how intimidating it can be. There is no need to take this on by yourself. Barrios & Virgüez is here to help.
Information About CR1 and IR1 Visas
Suppose you are a United States citizen with a spouse in another country. In that case, it is understandable why you would want to explore the options for bringing your spouse to the United States and helping them become a legal citizen so they can reside here with you. The good news is that you have a couple of options to consider: a CR1 Marriage Visa and an IR1 Marriage Visa.
You might wonder, What’s the difference between a CR1 Marriage Visa and an IR1 Marriage Visa? The differences are pretty simple. If a couple has been wed for less than two years, then the spouse seeking United States citizenship will be issued a CR1 Marriage Visa if approved. And if the couple has been married for more than two years, an IR1 Marriage Visa is granted upon approval.
The CR1 Marriage Visa is conditional because the legal system is set up to discourage people from applying for a marriage visa to work around United States immigration laws. To remove the conditional status of this two-year visa, the couple must apply to have it converted to an IR1 Marriage Visa and do so ninety days before the CR1 Marriage Visa expires. Once approved, the IR1 Marriage Visa provides the foreign spouse with unconditional permanent resident status. Because of the relative complexity and timeliness of these marriage visas, it is recommended that couples work closely with an Augusta marriage visa attorney.
U.S. Sponsor/Petitioner Requirements
Foreign citizens must be legally married to a citizen of the United States to apply for a CR1 Marriage Visa or an IR1 Marriage Visa. Simply living together is not sufficient. In some situations, common-law marriages may be recognized. However, it is best to be legally married before beginning the application process for a CR1 Marriage Visa or an IR1 Marriage Visa because it will help increase the likelihood of being approved.
There are a few other requirements to take into consideration before applying. These include the age of the United States citizen, whether the foreign spouse can financially support themselves once they immigrate to the United States, and whether an Affidavit of Support is needed. An experienced marriage visa lawyer in Augusta can walk you through all these potential hurdles.
The CR1/IR1 Visa Application Process
Applying for a CR1 Marriage Visa or an IR1 Marriage VISA begins with Form I-30. This form is also known as filing a Petition for Alien Relative. It must be submitted to the United States Citizenship and Immigration Services by a United States citizen for their foreign spouse.
When completing the Form I-30, below are some items you may be required to include:
- Proof that all fees have been paid
- Petition for Alien Relative
- Copies of the marriage certificate and the United States citizen’s birth certificate (or their passport)
- If either party was previously married, documents proving that those marriages are no longer valid
- Any additional evidence worth including to prove that the marriage is legitimate (e.g., documents showing joint bank accounts or joint ownership of property)
Proving the legitimacy of your marriage is essential. Simply demonstrating that you are legally married is not enough. Proof of an ongoing relationship where your lives are connected in meaningful ways, such as bank accounts or property, goes a long way in making your case a strong one. For personalized guidance throughout this process, consider speaking with one of our experienced Augusta marriage visa attorneys.
How Long Does It Take to Complete the CR1/IR1 Visa Application Process?
One of the biggest questions most people have when applying for a CR1 Marriage Visa or an IR1 Marriage Visa is, “How long does it take?” The average amount of time it takes is between eight and ten months. But it is essential to realize that the amount of time it takes to process an application depends on numerous variables. So, each situation is unique in this respect.
The application process can take significantly longer if mistakes are made along the way. Working with a marriage visa attorney in Augusta from beginning to end will help you avoid common pitfalls and keep your application on track.
Same-Sex Couples Applying for a Marriage Visa
According to the United States Department of State, same-sex couples can apply for a marriage visa. This went into effect when the Supreme Court found section 3 of the Defense of Marriages Act unconstitutional. While same-sex couples can apply for a marriage visa, as with heterosexual couples, the marriages must be legal, and all the requirements mentioned must be met.
However, civil unions or domestic partnerships do not qualify a same-sex couple for a marriage visa. If there is any confusion regarding whether a same-sex couple is eligible, a marriage visa lawyer in Augusta can help.
Contact Barrios & Virgüez in Augusta for Marriage Visa Help
If you need assistance with a CR1 Marriage Visa or an IR1 Marriage Visa, we want to help you. Having been impacted by personal circumstances that have marked our lives significantly, we understand what our clients are up against. Being separated from your loved one can strain your relationship and cause stress that you should not have to deal with.
The United States immigration system does not have to work against you. With our help, we can make it work for you. Let us help you with your case. Contact us today to schedule your appointment with an Augusta marriage visa lawyer.
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