IR-1 Spouse of a U.S. Citizen Visa

The IR-1 visa, also known as the Immediate Relative visa, is designed for spouses of U.S. citizens who intend to live permanently in the United States. Here are key aspects of the IR-1 visa:

  • Eligibility: The IR-1 visa is available to spouses of U.S. citizens who are legally married and can provide evidence of a bona fide marital relationship.
  • Immigrant Intent: Unlike non-immigrant visas, the IR-1 visa is intended for immigrants who plan to live permanently in the United States with their U.S. citizen spouse.
  • Petition Process: The U.S. citizen spouse must file a Form I-130 (Petition for Alien Relative) with the United States Citizenship and Immigration Services (USCIS) to initiate the immigration process for their spouse.
  • Immigrant Visa Application: Once the I-130 petition is approved, the spouse of the U.S. citizen can apply for an immigrant visa through the National Visa Center (NVC) and schedule an interview at the U.S. embassy or consulate in their home country.
  • Interview and Documentation: During the visa interview, the spouse must provide documentation to establish the validity of the marriage and demonstrate that they are admissible to the United States.
  • Conditional Residency: If the marriage is less than two years old at the time the immigrant spouse enters the United States, they will be granted conditional permanent residency, which requires them to jointly petition to remove conditions within the 90-day period before the second anniversary of their residency.
  • Permanent Residency: Once the conditions are removed, the immigrant spouse receives unconditional permanent residency and is free to live and work in the United States indefinitely.
  • Citizenship Eligibility: After living in the United States as a lawful permanent resident for a specified period of time, the immigrant spouse may be eligible to apply for U.S. citizenship through naturalization.
  • Derivative Visas: The children of the immigrant spouse may also be eligible for derivative visas (IR-2) if they are unmarried and under 21 years old.

Navigating the process of obtaining an IR-1 visa can be complex, so it's advisable for spouses and U.S. citizens to seek legal assistance to ensure all requirements are met and documentation is prepared accurately.