Marriage to a Foreign National
The United States is a vast country of the first world and it is multicultural society.
This country accommodated millions of foreign employees and immigrants.
Moreover, the United States also offers various immigration visas to overseas employees or immigrants.
The one method is through immigrant visa for a spouse of a US citizen like IR1 or CR1 needs Form 130.
In case of polygamy the applicant can only sponsor first spouse for immigration. However, the common-law partner may get title as a spouse for immigration,
but depending upon the laws of the country in which this common-law partner marriage held.
Eligibility To Sponsor:
1. The sponsor must be a legal citizen of this country.
2. Sponsor must be over 21 years of age at the time of case submission of sibling or parents.
However, in case of US citizen or legal permanent resident should be minimum 18 years of age has US residence status.
3. Sponsor must have good financial position to support the spouse during her stay in this country.
4. Sponsor must be willing to sign affidavit regarding support of family intending to migrate in the United States.
5. Sponsor must have permission of immigration visa petition, I-130 from USCIS.
6. Sponsor must submit filled out immigration petition Form I-130.
The CR1 and IR1 Visas:
The United States citizen has a plan to invite their overseas spouse in this country.
There are two main categories for this marriage foreign national like CR1 and IR1 visas and K3 visa.
However, the choices are CR1 and IR1 visas. There is a little difference between these two visas like if the couple has married for less than two years,
then he/she requires CR1 visa.
However, the marriage is more than two years, then needs IR1 visa. The CR1 is also known as Conditional Resident visa.
This visa immediately provides green card in the United States.
The IR1 immediate relative visa is released to overseas spouse married to the United States citizen for period more than two years.
This visa gets unconditional permanent resident status and it will be functional after the arrival of spouse in this country.
The United States Petitioner Requirements:
It is necessary for these CR1 and IR1 visas that an overseas must be lawfully married to the United States citizen.
However, common-law marriages off and on accepted by the United States citizenship and immigration services (USCIS).
However, it is up to the country laws where this marriage was held.
It is necessary for the CR1 and IR1 visa applicant to file the case or petition for alien relative called Form I-130.
This Form will be filed at the United States citizenship and immigration services (USCIS) through the United States citizen
for spouse to invite him in this country as an immigrant.
The followings are some basic and fundamental documents required for this Form I-130.
1. Applicant or petitioner will deposit all legal fees for this process.
2. Petition for Alien relative according to instruction.
3. Copy of the United States resident birth certificate or copies of whole passport.
4. A valid copy of marriage certificate.
5. Document or proof that the previous marriage has been terminated in the form of divorce copy required.
6. Evidence of legal marriage.
Once the United States citizenship and immigration services (USCIS) accept the petition and then it is dispatched to National visa center that is called NVC.
This center receives all relevant fees from the petitioner. The followings are some vital documents, which are required for this like valid passport, affidavit to support,
application for immigrant visa, photographs, medical report, court record, police certification, etc.
After this, the NVC arranges an interview with overseas spouse to decide if the visa will be granted.
On the interview the applicant will bring valid passport or other supporting documents.
On approval the visa officer will provide visa and passport along with all documents received for confirmation.
This visa is issued for six months initially. This visa processes will take about eight to ten months.