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ResourcesVisa & Immigration LawUS Immigration LawWhat's the Difference Between IR1 and CR1 Visas for Spouses of Americans?

What's the Difference Between IR1 and CR1 Visas for Spouses of Americans?

Transcript of the above video:

As the title of this video suggests we are discussing the IR-1 and the CR-1 Spousal Visa for the spouses, the husbands or wives of American citizens.

I am going to go ahead and read something here. This is actually issued by the US Embassy here in Bangkok to those who receive an IR-1 or a CR-1 Visa to the United States - It is noteworthy. It is in Thai as well as English. I will go ahead and put that up there but I will go ahead and read it. "Notice: Provisions of Section 216 of the Immigration and Nationality Act. If at the time of admission to the United States you will not have celebrated the second anniversary of your marriage, which is the basis of your Immigrant status, you are subject to the provisions of Section 216 of the Immigration and Nationality Act. Under this provision you will be granted Conditional Permanent Residence by an Officer of the Immigration and Naturalization Service at the time of your admission to the United States. As a result, you and your spouse must file a joint petition with the Immigration Naturalization Service to have the conditional basis of your status removed. The petition must be filed within the 90 day period immediately preceding the 2nd anniversary of the date you were granted Conditional Permanent Resident status. If a petition to remove the conditional basis of your status is not filed within this period, your Conditional Permanent Resident status will be terminated automatically and you will be subject to deportation from the United States." 

We have discussed the lift of conditionality associated with those who are married to American citizens before. There are other videos on this channel regarding that topic. The thing I wanted to make a very clear point on is while they talk specifically about the conditional status, those who have celebrated their second anniversary prior to the foreign spouse's arrival in the United States, that individual spouse will be granted IR -1 status.  They are not a Conditional Lawful Permanent Resident; they are an Immediate Relative, they are considered an Unconditional Lawful Permanent Resident as of the time of their entry into the United States and that is a very different thing. So for those who perhaps have a few more days until their second wedding anniversary, they have just been issued their CR-1 visa, it might be wise to hold off as it is operative to the date of admission to the US, not to the date of the Visa's issuance. So one may be issued a Visa and still be considered a CR-1 were they to enter that day but a little bit of time may transpire, the two-year anniversary may occur and that individual may enter the United States as the IR-1 spouse of an American and as a result, don't have to deal with the prospect of a lift of conditions and there won't be any possibility of having one's permanent residency automatically revoked.