For those looking to become lawful permanent residents in the United States and reunite with their spouses, the CR1 visa is a crucial route. Comprehending the nuances of this visa is vital for candidates hoping to negotiate the complex terrain of US immigration law successfully.
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The waiting period to determine if the spouse visa is approved is one of the most stressful parts of the CR1 visa application process since it impacts the future of the foreign spouse and US citizen.
However, the likelihood of success rises if the spouses have filed the appropriate paperwork. The consular officials occasionally may determine that an applicant is ineligible for a visa due to a lack of documentation, information, or other factors.
In these cases, the CR1 visa will be denied! In this comprehensive guide, we delve into the fundamental aspects of a CR1 visa, exploring the common reasons for denial and what to do when your CR1 visa is denied.
What is the CR1 Visa?
A spousal visa, also known as a CR1 green card, enables an individual from outside the US to reside in the country with their spouse, who is either a US citizen or permanent resident.
The most recent wait period for the CR1 visa category—conditional resident—is 9.3 months if you have been married for less than two years. This waiting period is significantly higher for foreign nationals married to US citizens with green cards.
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The recipient and their spouse, a US citizen, must petition to have the conditions on the green card removed two years after entering the country. They will then be given a current 10-year permanent residency card.
Common Reasons For a CR1 Visa Denial
Although most marriage-based green card applications are granted, a few are rejected annually.
There are several reasons for a CR1 visa denial, including the inability to establish a legitimate marriage or partnership in the United States or the failure to provide proof of one’s marriage.
Additional elements could be:
- Lack of required documents
- Submitting documents that are not translated into English
- Lack of evidence or fraudulent evidence
- Forms that are not signed
- Legal obstacles, such as the divorce process of the previous marriage
- US citizen income does not meet the criteria
- There are significant age differences, cultural differences, an inability to communicate in English, etc.
It is possible to receive a NOIR (Notice of intent to revoke) or NOID (notice of intent to deny) from USCIS, implying that there is a possibility of visa denial and that providing additional information or documents is necessary.
The applicant will have 30-60 days to add missing documents and submit evidence, although responding as soon as possible is recommended to accelerate the case proceedings.
However, sometimes, this will not be enough to avoid a CR1 visa being denied.
Proof that Your Marriage is Lawful
You must give a copy of your marriage license to the United States Citizenship and Immigration Services (USCIS) to demonstrate the legality of your union or partnership.
If one spouse’s previous marriage was acknowledged in the past and did not terminate, or if it was not finalized before the beginning of their present marriage, the legality of your union may be jeopardized.
Because of this, it is crucial to confirm in advance that both partners are qualified for a legal marriage and that the wedding or marriage ceremony can take place in a location that accepts their union as legal.
You can sponsor your fiancé(e) and their children (if any) to enter the US for the sole purpose of getting married legally in the US, for instance, if your foreign national spouse is from a nation that forbids same-sex or interfaith weddings.
The US citizen can apply for a marriage-based green card adjustment and become a lawful permanent resident once you and your spouse get married.
How to Proof that Your Marriage/Partner is Authentic
To prove that your marriage or partnership is genuine and not solely for a green card, you must provide evidence of your relationship and life together. These would include:
- Any financial documents with both of your names on them, such as joint mortgage or lease agreements, joint bank accounts, utility bills, etc
- Pictures of the two of you together on vacation, celebrations, etc
- Birth certificates of children born into the union (if applicable)
Please note that any documents you provide outside of English must be translated. The original non-English document should be provided, and a certified translator should complete all translations.
Everything must be accurate when you submit the required forms and documentation for your green card application.
Ensure that all the information is presented honestly and accurately; that is, all the legal expenses have been paid in full, that the photos adhere to the requirements of the government visa, and that no signatures are absent.
These minor errors could lead to the denial of your visa application. To make sure everything is in order before submitting your case to immigration services, you are advised to speak with an immigration attorney.
What to do if Your CR1 Visa is Denied?
The denial can be declared right after finishing the interview as a consequence of failing to provide the required documents. The applicant can also be informed by getting the notice of denial, which will contain the reason for denial.
There are two options to go forward. They are formed based on the reason for visa denial in the specific case, so knowing the cause will help the applicant decide what to do next.
After evaluating the problem, it is possible to:
- Appeal the denial decision through Form EOIR-29 within 30 days of getting the decision. The appeal fee is 110$. When the appeal gets filed, it will be reviewed again by the same officer who brought the decision to denial and then by a different immigration authority. This process can last long, and these outcomes can often be unsatisfactory.
- Reapply for the I-130 visa or file the visa request based on another alien category class. It is necessary to take action and respond within the same 30-day deadline. This procedure seems more straightforward than the first one, and spouses usually opt for it.
If the applicant fails to respond within the deadline, it will lead to the case closure. The cancellation consequences are long-lasting since that will represent a warning sign for the immigration officer whenever this foreign spouse submits a new petition.
When the petition gets filed, the recommendation is to invest equal attention in preparing the I-130 form and all additional documents and evidence of bona fide marriage. The petitioner should make sure that all the requirements are met.
How Long Does a CR1 Visa Processing Take?
The current wait time for a CR1 visa averages 9.3 months, although the processing time will vary depending on whether you are married to a US citizen or a green card holder.
The processing time for I-130 will also vary greatly depending on the service center. The average processing time for Form I-130 is around 12 months.
Frequently Asked Questions
What are the drawbacks of the CR1 visa?
The primary drawbacks of consular processing include lengthy wait times for visa approval and potential delays due to government processing. Additionally, applying for a visa through consular processing can be higher than other methods.
What are the benefits of the CR-1 visa?
The CR-1 Spousal Visa offers several benefits, including:
- Permanent residency
- Work Authorization
- Travel in and out of the US.
- A passport stamp that serves as a temporary green card
What can you expect in a CR1 visa interview?
The goal of the CR1 interview is for the interviewing officer to determine whether or not your marriage is authentic. You will be asked questions about your relationship, including how you met, your daily life as a couple, and your plans.
What if we get a divorce on a CR-1 visa?
You can still petition to remove the conditions on your CR1 visa and obtain a permanent residence card if your marriage dissolves, but you will also need to request that your spouse file the paperwork with you to be waived.
You must, however, demonstrate that the marriage was arranged in good faith and not for immigration-related reasons.
In general, it’s a good idea to provide credible proof that the US citizen or green card holder who sponsored your application for a marriage-based green card was the one who initiated the divorce and was responsible for the breakdown of the marriage.
Attempts to keep the marriage intact, such as marriage counselling, should also be highlighted. Let’s say you got divorced before you had a chance to submit Form I-751.
If so, you don’t have to wait ninety days before your conditional permanent residency expires; you can file it whenever you want before being deported from the United States. A copy of your final divorce decree ought to be sent with your application.