What is a CR1 Visa?
If you’re a US citizen married to a Thai spouse and want to bring them to the United States, the US CR1 Visa is the perfect way to make that happen. This visa allows your spouse to enter the US as a conditional permanent resident, giving you both the opportunity to start your new life together. It’s a more straightforward option than other US visas because it leads directly to a green card, which provides lawful permanent residency.
On this page is everything you need to know to bring your spouse to the US swiftly and successfully through the US CR1 Visa.
What is the US CR1 Visa and who is it for?
The US CR1 Visa is for US citizens who have been married for less than two years and want to bring their foreign spouse to the United States. “CR” stands for Conditional Resident, meaning that your spouse will receive conditional permanent residency for the first two years of living in the US. This visa is designed specifically for:
- US citizens married to Thai nationals (or any foreign nationals)
- Couples who plan to live together permanently in the US
This visa provides a direct path to a green card, making it ideal if you’re looking to establish a long-term future together in the US. With the US CR1 Visa, your spouse can also bring their children with them to the US with CR2 visas.
What are the Benefits of the US CR1 Visa?
Before jumping right into the eligibility requirements, it’s important to first understand both your roles when applying for the US CR1 Visa.
As a US citizen (the sponsor), your role in this process is crucial. You’ll be responsible for:
- Filing Form I-130: This form establishes your relationship and is the first step in the visa process.
- Providing proof of your US citizenship: This includes documents like your birth certificate or passport.
- Demonstrating financial capability: You must show that you can financially support your spouse when they arrive in the US.
Your spouse (the applicant) will also need to complete several steps, including medical exams and background checks. They’ll need to attend an interview at the US Embassy and provide proof of your relationship such as photos and joint financial records.
Now that you know your roles, here are the eligibility requirements that you, the sponsor, will have to meet:
- Be a US citizen
- Be legally married to your foreign spouse for less than 2 years
- Your income must meet or exceed the Federal Poverty Guidelines (FPG)
What are the Required Documents for the US CR1 Visa Application from Thailand?
When you are certain you meet the eligibility criteria, the next step is to prepare the necessary documents for your spouse’s US CR1 Visa application from Thailand. Having all the required paperwork in order is key to avoiding any potential setbacks. Your spouse will need to collect and prepare the following documents:
- A completed Form DS-260 (Online Choice of Address and Agent)
- A complete Form DS-261 (Online Immigrant Visa and Alien Registration Application)
- A passport with at least 6 months of validity remaining beyond your spouse’s intended stay in the US
- 2 passport-style photographs
- Civil documents including:
- Birth certificate
- Marriage certificate
- Divorce or death certificate(s) of any previous spouses
- Police clearance certificate
- Medical examination
- Evidence of relationship with you, the sponsor, such as photos and affidavits
Here’s the general set of documents that you as the sponsor must provide:
- US birth certificate
- US passport
- Statement from a consular officer verifying citizenship
- Form FS-240 issued by the US Department of State
- Certificate of Naturalization or Certificate of Citizenship
- Passport card issued by the Department of State
The documents will need to be in the English language. If there are any Thai documents related to the application, such as your marriage certificate or the divorce certificate of your Thai spouse’s previous marriages, you will need to have them notarized, translated, and legalized before you can use them in your US CR1 Visa application.
What is the US CR1 Visa Application Process from Thailand?
Once you’ve prepared all the documents above (save for Form DS-260 and DS-261 since you’ll be asked to fill those in much later in the application process), you can begin taking the steps toward your future together. Here’s what the US CR1 Visa application process looks like when applying from Thailand.
- First, you, the sponsor, will have to file Form I-130 Petition to the US Citizenship and Immigration Services (USCIS). Once the I-130 petition is approved, your case will be sent to the National Visa Center (NVC).
- Your spouse will then need to complete Form DS-260 and Form DS-261 and submit it along with all the necessary documents online to lodge their US CR1 Visa application.
- Once the paperwork is processed, your spouse will need to attend an interview at the US Embassy in Bangkok. If they pass, they’ll be issued the US CR1 Visa.
It is important to note that the entire process can take between 16 and 20 months to complete. Your processing time can be delayed if USCIS has a high caseload, or if you make errors in your application packet and need to send more documents. Therefore, it’s best to double-check everything and apply as soon as possible.
Professional Assistance With Your CR1 Visa Application
If you want to learn more about the US K3 Visa, you can visit Siam Legal’s page on the US K3 Visa. But if you’re ready to start this exciting next chapter with the love of your life and want it all to happen the quick and easy way, contact Siam Legal now to start your consultation. Our experienced visa consultants have assisted with over 10,000 successful US visa applications, so we can make sure your transition to life in the USA is smooth and successful.
Frequently Asked Questions
Children of CR-1 Spouse Visa Holder
If the sponsor married the Thai spouse before her child or children turned 19, the Thai spouse may bring them over before they are 21, they may be eligible to come over on a CR-2 visa. It usually saves a lot of time, headache, and money if you file the child along with the parent rather than separately.
Working in the U.S. with a CR-1 Visa
Shortly after arriving in the USA, the alien spouse will receive his/her green card and be able to legally work in the United States.
Spousal Visa and HIV/AIDS
HIV is no longer a ground of inadmissibility. This rule was changed on January 4, 2010. Applicants are no longer required to file Form I-690 if HIV infected.
Same-Sex Spousal Visa
Same-sex couples are eligible to apply for the CR-1 visa the same way heterosexual couples are. The process is the same.
CR-1 Visa if in the United States Illegally
The Thai spouse will not be able to apply for permanent resident status (get a green card and get legal) while in the United States illegally. A person who enters illegally may be banned from returning to the United States for up to 10 years. If this is your situation, you should talk to an immigration attorney in Thailand before you leave the United States.
Meet the US Visa Thailand Team
Contact Siam Legal
Ken Graham US Immigration Attorney Partner, Siam Legal International |
Natdaphon Luengsawang Senior US Visa Consultant Siam Legal International |
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