A foreign spouse of a U.S. citizen may generally qualify for an IR-1 or CR-1 immigrant visa after the U.S. citizen files Form I-130.
The CR-1 category applies when the marriage is less than two years old on the date the foreign spouse obtains permanent residence.
The spouse receives conditional permanent residence for two years and must normally file Form I-751 during the 90-day period before the conditional Green Card expires.
The IR-1 category generally applies when the marriage is at least two years old when permanent residence is granted.
The spouse normally receives permanent resident status without the two-year marriage condition.
A lawful permanent resident may sponsor a spouse and eligible unmarried children under the F2A family-preference category.
Unlike immediate-relative visas for spouses of U.S. citizens, F2A visas are numerically limited. The applicant may therefore need to wait until a visa is available according to the Department of State Visa Bulletin.
The K-3 is a temporary non-immigrant category for the foreign spouse of a U.S. citizen. It was created to allow the spouse to enter the United States while the immigrant petition is pending.
The U.S. citizen must first file Form I-130 and then Form I-129F. After entering the United States, the spouse must separately complete the permanent-residence process. In practice, many cases proceed directly through the IR-1 or CR-1 immigrant visa route.
Depending on the sponsor’s status and family relationship, family immigration may also include:
Immediate-relative categories are not subject to annual numerical limits, while family-preference categories are limited and may involve waiting periods.
Applicants may need:
After USCIS approves the I-130 petition, an overseas immigrant-visa case is generally transferred to the National Visa Center for fees, financial sponsorship, civil documents and the DS-260 application before the embassy interview.
An approved IR-1, CR-1 or F2A immigrant visa allows the spouse to enter the United States as a lawful permanent resident.
A permanent resident can generally work in the United States without separately applying for a temporary work visa.
The visa allows married couples to live together permanently in the United States.
Permanent residents may study and access services subject to the same institutional, state and insurance rules that apply to other residents.
Green Card holders may travel internationally, subject to maintaining U.S. residence and complying with re-entry requirements.
Certain permanent residents married to and living with a U.S. citizen may be eligible to apply for naturalisation after three years, provided all residence, marital-union, physical-presence and other requirements are met. Citizenship is not automatic.
Separate dependant visas may be available for spouses and children accompanying temporary visa holders. Examples include:
These are temporary visas tied to the principal applicant’s status and should not be confused with IR-1, CR-1 or F2A immigrant spouse visas. Work rights vary significantly by category.
Approval, visa availability and admission are determined by USCIS, the Department of State and U.S. border authorities. Family-based rules, processing times and Visa Bulletin dates may change.
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