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What Is The Difference Between an IR-1 and a CR-1 Visa?
Transcript of the above video:
As the title of this video suggests, we are asking what is the difference between a CR-1 and an IR-1 Visa? First off, let's understand the similarities they are both Immigrant Spouse Visas.
Now that said, a CR-1 Visa can magically become an IR-1 in a sense, because IR-1 status - Immediate Relative Status, which confers Unconditional Lawful Permanent Residence - is determined at the moment of Entry to the United States by an immigrant spouse. So basically, for example you're someone, you are married to a Thai spouse, you go ahead and apply for a CR-1 Visa shortly after getting married, but by the time you get the visa, and are able to travel to the United States, two years has elapsed. You have passed your second wedding anniversary, and yeah, that's the big difference. If you are married for 2 years or more at the time of entry to the United States, even if the underlying Visa says CR-1, you would enter in IR-1 status if you are married for 2 years at the time of the entry. That's the thing to understand about that. That's the big difference. Otherwise, if you are married for less than two years, then that immigrant is going to be admitted in what is called Conditional Lawful Permanent Residence which means you have to file a lift of conditions within or around 90 days prior to the 2-year anniversary of residency being conferred. So in the case of the CR-1, it would be from the moment of entry you need to do wait another 2 years to be able to file for a lift of conditions, basically to show that the marriage is genuine; that's basically the reason for Conditional versus Unconditional Lawful Permanent Residence.
But the point of this video is what is the difference, and for purposes of Marriage Visas for spouses of American citizens IR-1, big difference being Unconditional Lawful Permanent Residence is conferred at entry but you may have a CR-1 Visa but you may have gone over the two-year mark on your marriage, you may have gone past your 2-year anniversary, before that foreign spouse arrives in the United States. And if that occurs, that person is treated as if they have an IR-1 Visa and they would be granted Unconditional Lawful Permanent Residence at the time of entry.
