If you're married to a U.S. citizen and wish to immigrate to the United States, the Immigrant Visa for a Spouse of a U.S. Citizen, commonly known as the IR1 or CR1 visa, is designed for you. This blog post will provide a high-level overview to help you navigate the marriage-based green card process.

Who Qualifies as a "Spouse"?

A spouse is defined as a legally wedded husband or wife. Here’s what you need to know:

• Living Together Isn’t Enough: Simply cohabiting does not qualify as a marriage for immigration purposes.
• Common-Law Marriages: These may qualify if recognized as a legal marriage in the country where the relationship was established.
• Proxy Marriages: USCIS will not recognize relationships where one party is not present during the marriage celebration, unless the marriage has been consummated.
• Polygamous Marriages: Only the first spouse in a polygamous marriage is eligible for immigration benefits.
• Same-Sex Marriages: Same-sex marriages are recognized as legal marriages in the United States. Note that the same-sex marriage must have been performed in a state or country where same-sex marriage is legal for the marriage to be recognized for immigration purposes. The same rules apply to marriages involving transgender persons.

In situations where either spouse was previously married, they must demonstrate that the prior marriage was legally terminated - for example, through divorce, annulment, or death of the spouse. In situations of divorce or annulment, it must be valid under the laws of the jurisdiction that granted it and that termination must be recognized in the jurisdiction where the couple resides.

The First Step: Filing the Petition

To initiate the process, the U.S. citizen spouse must file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between you and your spouse and begins the immigration process.

A big part of this process is proving that the marriage between the U.S. citizen spouse and the beneficiary spouse is bona fide, i.e. built on genuine intentions rather than solely for immigration purposes. Check out our blog post on Proving your Marriage is Genuine.

U.S. Sponsor Requirements

Minimum Age and Residency

While there is no minimum age to file Form I-130, the sponsor must be at least 18 years old and have a U.S. residence to sign the Affidavit of Support (Form I-864 or I-864EZ), which is a key requirement for the visa.

Residence (Domicile) Requirement

The U.S. sponsor must maintain a principal residence in the United States. In most cases, this domicile requirement is non-negotiable, though there are a few exceptions.

Household Income Requirement

U.S. sponsors are required to demonstrate that their household income is equal to or higher than 125% of the U.S. poverty level for the applicable household size. If the U.S. sponsor is on active duty in the U.S. armed forces, they only need to demonstrate an income equal to 100% of the U.S. poverty level for the applicable household size. For more detailed information on this requirement, check out our blog post on the topic.

Upgrading a Petition: From LPR to U.S. Citizen

If you filed a petition as a Lawful Permanent Resident (LPR) and have since become a U.S. citizen, your spouse's petition can be upgraded from family second preference (F2) to immediate relative (IR). 

Conclusion

The process for obtaining a green card through the marriage-based process can be complex, but careful preparation can ease the journey. By ensuring that all forms, documents, and fees are correctly submitted, you’ll be well on your way to joining your spouse in the United States. 

 Need assistance? Schedule a Strategy Session for expert guidance on your U.S. spouse visa application process.