CR1 Visa Application from Thailand

The CR1 visa is an immigrant visa issued to foreign spouses of US citizens and green card holders. If you and your Thai spouse are planning to move to the United States, and have been married for less than two years, you can apply for the CR1 (Conditional Resident) visa to bring your partner to the US as a lawful permanent resident.

What is the CR1 Visa?

The CR1 visa allows your foreign spouse to legally enter the US. Upon entry, they are immediately classified as a lawful permanent resident (LPR). This status entitles them to receive a conditional green card valid for two years.

After living in the US for two years as a married couple, you and your spouse can apply to have the conditions removed from the green card. If approved, USCIS will issue a new green card valid for 10 years and renewable indefinitely.

If you and your spouse do not remain married for the duration of the two-year green card, then they, the CR1 visa holder, must leave the US. If they do not leave the US before the expiry of their visa, they will be considered an overstayer and could face deportation proceedings. Overstaying could also impact their future visa applications.

CR1 Eligibility Requirements

If you are hoping to obtain a CR1 visa for your Thai spouse, you must meet the following requirements:

• You must be a US citizen or lawful permanent resident.
• You must be at least 18 years old.
• You must primarily live in the US, or plan to return to the US with your spouse, and plan to live there for the foreseeable future.
• Your spouse must reside outside of the US. If your spouse currently resides in the US lawfully, you may consider filing an Application to Adjust Status to permanent resident from within the country.
• You must be legally married to a foreign national.
• You must prove that your marriage is legitimate. This includes providing a marriage certificate and other supporting documents to demonstrate a genuine relationship.
• You must sign an Affidavit of Support which demonstrates that you are able to financially support yourself, your spouse, and any dependents with an income of at least 125% of the Federal Poverty Guidelines (FPG).

Filing a CR1 Visa Application

You begin the CR-1 visa application process by filing a Form I-130, Petition for Alien Relative with United States Citizenship and Immigration Services (USCIS). This form states that you, a US citizen or permanent resident, are petitioning for a CR-1 visa on behalf of your Thai spouse.

Step 1: Gather Your Supporting Documents

When you petition for the CR-1 visa, you must provide payment and supporting evidence along with the Form-130 and Form I-130A, Supplemental Information for a Spouse Beneficiary. In your petition package, you should include:

• Payment addressed to USCIS
• Evidence demonstrating that you are a US citizen or permanent resident. This might include your passport, birth certificate, certificate of naturalization, or green card.
• Your marriage certificate
• Any relevant divorce, death, or annulment papers demonstrating that any prior marriages have been lawfully terminated (if either partner was previously married)
• Proof of a bona fide marriage such as titles showing joint property ownership, lease showing joint tenancy, joint bank accounts, birth certificates of shared children, third-party affidavits, wedding photographs, and other evidence of an established relationship
• Two passport-style photos of your spouse
• Proof of legal name change (if your spouse has changed their name)
• Any criminal, court, or military records (if your spouse has a criminal history or served in a military)
• Certified translations of all non-English language documents

Step 2: Submit the Petition, Form I-130

When all forms and documents have been assembled, they can be sent to USCIS for initial processing. When USCIS receives the package, they will notify you or your legal representative with a receipt notice. This typically takes about 2 to 3 weeks.

Step 3: USCIS Review and Petition Decision

USCIS then spends anywhere from a few months to a year reviewing the submitted petition and evidence. They may mail a request for evidence (RFE) if additional documentation is required.

If your petition is approved, USCIS will issue an approval notice informing you that the Form I-130 will be sent to the National Visa Center (NVC) for further processing. If the petition is denied, you will be notified and given reasons for refusal.

In 2024, the average processing time for the initial I-130 is approximately 10 to 14 months.

Step 4: Visa Bulletin

Once USCIS approves your application, your spouse may need to wait for a visa to become available. The US Department of State determines visa availability through a monthly Visa Bulletin. This Bulletin outlines which immigrant visas are currently available and to whom. Visa availability depends on the filing date of the I-130 petition, your spouse's country of birth, and whether you are a US citizen or permanent resident.

If you are a US citizen, your spouse's visa should be available immediately after the I-130 approval. However, if you are a US permanent resident, your spouse may have to wait months or even years for a visa to become available.

Step 5: Apply for the CR-1 Visa

Once a visa becomes available for your spouse, the National Visa Center (NVC) will instruct them to complete two online forms:

• Form DS-261, Online Choice of Address and Agent
• Form DS-260, Online Immigrant Visa and Alien Registration Application

Additionally, you will need to submit a Form I-864, Affidavit of Support.

Step 6: Medical Examination and Biometrics

After collecting all required fees, documents, and completed forms, the NVC will issue a letter containing details about the date and time of your spouse's interview. The letter also contains a document checklist and information on how to schedule a medical exam with an authorized physician.

Your spouse should compile all documents for the interview and attend their medical exam appointment. Immigrant visa applicants are required to receive certain vaccinations at their medical appointment.

Step 7: Consular Interview

Your spouse must bring all requested documentation to the interview. Required documentation may include but is not limited to the following:

• Visa interview appointment letter
• Printed confirmation page of the Form DS-260
• Valid passport
• Birth certificate
• Police certificates from Thailand and any other countries of residence since the age of 16
• Medical examination results
• Evidence of financial support
• Evidence that you, the US partner, reside in the US
• Evidence of your relationship, including your marriage certificate and proof that any prior marriage have legally terminated
• Certified translations of documents in languages other than English and Thai
• Court and criminal records (if your spouse has a criminal record)
• Military records (if your spouse has served in any military)
• Any other evidence requested at the discretion of the consular official

At the interview, the consular officer will review the documents, place your spouse under oath, and ask them questions about the application including about their personal history and your relationship. The interview normally lasts around 10 to 20 minutes depending on the details of the case.

CR1 Visa Decision

If the consular officer is satisfied that a genuine relationship exists between you and your partner, and that there is no such other legal impediment to the application, they will issue the CR-1 visa.

If the immigration officer still feels that more information is required to decide, they can make a Request for Evidence (RFE) which requires you and your spouse to submit additional supporting documentation. If no RFE is issued, the Embassy will normally provide a visa decision within a few weeks of the visa interview appointment.

If the visa is issued, it will be placed in your spouse's passport and your spouse will be given a sealed packet of documents to present to a US Customs and Border Protection (CBP) officer at a port of entry. You will also be required to pay a 220 USD USCIS immigrant fee before your spouse travels to the US. This fee covers the costs of printing and mailing your spouse's green card.

The visa provided at the consulate is valid for travel to the US for 6 months following the date of the medical exam. Your spouse must enter the US during this time to activate their conditional permanent resident status.

CR1 Visa Approved: Next Steps

Once admitted to the United States, your spouse's green card normally arrives within several weeks to several months. This permanent resident card is valid for two years and permits travel in and out of the country. Furthermore, your spouse's green card serves as their work authorization document.

In order to maintain their LPR status, you must both apply to remove the conditions no more than 90 days prior to the expiration of the green card. This requires you to submit a Form I-751, Petition to Remove Conditions on Residence, a 750 USD filing fee, your valid marriage certificate, and continued evidence that your marriage is genuine.

If you and your spouse divorce during the two-year conditional period, your partner will lose their permanent residency status. If you stay married and USCIS remains satisfied that your marriage is legitimate, your spouse will be issued a 10-year permanent green card which can be renewed indefinitely. After 10 years on their permanent green card, you and your spouse can file a Form I-90, Application to Replace Permanent Resident Card.

Alternatively, if your spouse wishes to apply for US citizenship, they may do so after several years as a green card holder. If you are a US citizen, they may apply for citizenship three years after receiving their green card. If you are a green card holder yourself, they must wait five years to apply for citizenship.

CR-2 Visas: Dependent Children

For a stepchild to be eligible for a CR-2 dependent visa, your relationship with the childmust be established before the child turns 18 years of age. The child must also be under the age of 21 and unmarried. Applications for CR-2 visas can be included with your spouse’s CR-1 application or can be submitted after they enter the US.

CR1 Visa Application Costs

When applying for the CR-1 spousal visa, you should take into take into account the following costs:

• Form I-130 Filing Fee: 675 USD (if filed by mail) or 625 USD (if filed online)
• Immigrant Visa Application (DS-260) Fee: 325 USD
• Immigrant Medical Exam: Fee varies by country but can range anywhere from 100 USD to 500 USD per person
• Green Card Fee: 220 USD
• Document Costs: This includes the costs to acquire government documents like passports, birth certificates, etc.; photocopies; notarizations; and travel expenses.

Note: Application fees are subject to change. These costs are accurate as of July 2024.

CR-1 Visa Processing Time

Due to government backlogs and visa availability, it can take years to receive US permanent residency. In 2024, average CR-1 wait times are around 14 to 18 months for Thai spouses of US citizens, and approximately 24 to 36 months for spouses of US legal permanent residents.

CR1 Visa Frequently Asked Questions

The following are some commonly asked questions about US immigration law and the CR-1 spousal visa:

What is the CR1 visa?

The CR1 visa, also called the conditional resident spouse visa, is an immigrant visa that allows your partner to enter the US and receive a conditional two-year green card. After two years, your partner can apply for a permanent green card valid for 10 years.

What is the difference between the CR1 and IR1 visas?

The CR1 and IR1 visas are both US spousal visas that are issued to the married partners of US citizens and permanent residents. However, the CR1 visa is usually issued to partners who have been married for less than two years, while the IR1 visa is normally issued to couples who have been married more than two years. CR1 visa holders receive temporary green cards valid for two years. IR1 visa holders receive permanent green cards valid for ten years.

What are the immigration benefits of a CR1 visa?

On the CR1 visa, your spouse will receive a marriage-based green card and the following privileges:

• They can travel outside the US and return without the need for Advance Parole.
• They can apply for a driver's license.
• They can open bank accounts and establish credit.
• They can work legally without additional permits.
• They can enroll at an academic institution.

Can same-sex couples apply for the CR1 visa?

Yes, same-sex couples are eligible for the CR1 visa and marriage-based green cards if they meet all other application criteria.

Can I appeal a denied CR1 visa application?

If your petition is denied, the accompanying notification will outline the appeal process, including deadlines and instructions. If you wish to appeal a refused visa application, it's recommended to consult with a qualified US immigration lawyer who can advise you on next steps.

Why should I choose Siam Legal to apply for a CR1 visa?

Siam Legal International is a full-service law firm with over two decades of experience helping American citizens bring their Thai spouses to the United States. Our expert team of immigration advisors provides comprehensive guidance throughout the CR1 visa process to ensure your application has the best chance of approval. Our team will:

• Assess your spouse's eligibility for the CR1 visa.
• Recommend alternatives to the CR1 visa, if necessary.
• Provide a detailed checklist of the documents required for an immigrant visa application.
• Prepare all forms and evidentiary documents for the green card application.
• Prepare correspondences with USCIS, the NVC, and the US Embassy in Bangkok.
• Guide your spouse on the visa interview process and prepare them to face the consular officer confidently.

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