Marriage And Relative Immigrant Visas in Portland, OR
Once you marry in a foreign country, the next step is to file a petition for an immigrant visa for your spouse. This is a multi-phased and complex process that is best pursued under the guidance of an experienced immigration attorney. Since the marriage itself does not guarantee immigration success, seek the assistance of a lawyer who is up to date on the latest laws and regulations to ensure a successful result.
The CR-1 or IR-1 visa is intended for use by U.S. citizens who are sponsoring their foreign national spouse for immigration. The CR-1 is an “immigrant” visa, meaning that it results in the spouse becoming a legal conditional permanent resident upon their arrival in the U.S. 90 days before the second anniversary of the conditional resident status, one can apply to have the conditions removed. CR-1 holders can also bring their unmarried children who are under 21, but note that it will be necessary for the U.S. citizen to file separate I-130 petitions for those minor children.
To be Eligible for filing the CR-1 / IR-1 visa:
- The petitioner must be a U.S. citizen, and the beneficiary must be their spouse
- For the IR-1 visa, the couple must have been married for two years at the time the beneficiary enters the U.S. following the visa interview; and
- The marriage between the U.S. citizen and foreign spouse must be valid, meaning that they have met all requirements to have a valid marriage in their jurisdiction. Additional proof of the validity of the marriage, above and beyond a copy of the marriage certificate, is required to be submitted with the petition. This typically includes joint account statements or if necessary, affidavits of third parties who can attest to the validity of the marriage. It is important to make sure that this key factor is addressed by an experineced attorney in order to avoid delays or outright rejection of the immigrant visa petition.
If your spouse has an illegal entry in the U.S., he or she may qualify for a WAIVER of inadmissibility based on the illegal presence.
To set up an appointment, call Alexander Law Firm, LP today.