Chicago C-R1 Visa Attorney

Assisting Foreign Nationals Married to U.S. Citizens Through the Complex Immigration Process in Chicago, IL

Moving with your spouse to a new country is a big step. There are a lot of uncertainties, a different, unfamiliar culture, and, in all likelihood, a new language. While you make all these adjustments, you need a dedicated legal team to guide you through the complicated process of applying for and obtaining your conditional resident spouse visa. 

At Gilliam Law, our C-R1  visa lawyers are here to help. Our clients are our extended family, and we will work with you at every step to ensure you understand and feel heard throughout the process. 

We are on your side. Call us today for a case consult at 866-511-3422. We’re working for you.

What is a C-R1 Immigrant Visa?

Marriage visas are available to the foreign-born spouse seeking to come to the United States to be with their lawfully wedded partner. What type of spouse visa the foreign national may be eligible for depends on several factors, including whether or not the American spouse is a U. S. Citizen or a legal permanent resident. The main visa options for foreign spouses are the CR-1 visa, the I R-1 visa, and the F-2A visa. United States citizens who are engaged to marry foreign-born nationals may apply for K visas.

If you have United States citizenship and want to sponsor a foreign spouse so that they can come to the United States to live with you, you are allowed to apply for the C-R1 visa, provided that you have been married for under two years. If you’ve been married for longer than two years, you may apply for the I-R1 visa.

The ‘CR’ in the name refers to ‘conditional residence,’ which is an immigration status that proves that its holder does not yet have lawful permanent residency in the United States. After the visa recipient has successfully held their CR1 visa for at least two years, they may apply for permanent residence status and become green card holders.

Except in very limited circumstances, the foreign spouse is not usually permitted to petition for a marriage-based visa on their own behalf. Only green card holders and United States citizens, acting as sponsors, can file visa petitions in most cases. The foreign spouse in the immigration case would be referred to as the beneficiary.

What is the Difference Between a C-R1 Visa and an I-R1 Visa?

While both visas are for married couples, it is crucial to know the differences. 

The C-R1 visa is for couples that have:

• Been married for fewer than two years
• The marriage must be legally valid both in the country where it took place and in the United States
• The United States citizen spouse must file a petition on behalf of the foreign spouse (form I-130) and prove the marriage is not fraudulent and that the couple intends to live together permanently

The I-R1 visa is for couples that meet the following criteria:

• Reserved for couples who have been legally married for more than two years
• The beneficiary foreign spouse would receive their marriage green card without any set conditions
• The beneficiary spouse would be required to renew their green card every 10 years and may eventually pursue the pathway to United States citizenship
• Must be a bona fide marriage to qualify for family immigration

Are There Additional Requirements and Qualifications to Consider?

Beyond the basic requirements listed above, you should also be aware that to qualify for a C-R1 visa, you must:

• Pass a medical examination by a qualified and authorized physician. The US consulate will provide you with a list of approved physicians
• You must pass a criminal background check
• The US citizen’s spouse must demonstrate the ability to support the foreign spouse financially at 125% of the federal poverty rate. This can be achieved by supplying proof of income, assets, and tax returns
• Finally, all applicants must attend an interview at a US consulate or embassy. The legal team at Gilliam Law is here to help you at every step, and we will help you prepare for your interview

How Do You Apply for a C-R1 Visa?

Obtaining your C-R1 visa can be a very complex process. It involves much waiting after the proper forms have been filed, which can be challenging when your future is on hold. That is why you must have a strong, compassionate, and knowledgeable team behind you to guide you through the maze. At Gilliam Law, our clients are like our family; we have your back.

A C-R1 visa is for couples who have not been married for long. Therefore, it is more difficult to prove that these marriages are not only for immigration purposes, thus the conditional status of the visa once granted.

The steps for obtaining a C-R1 visa are:

• Obtain a copy of your valid marriage certificate
• File your petition (Form I-130). Your US Spouse files this petition on your behalf with USCIS. Our team is available to help you with this process to ensure all the proper information is submitted
• Gather all required documentation, such as birth certificates, financial, travel, and medical records
• Pay all required fees. Obtaining a visa can be a significant investment for a family. Be sure to plan for the appropriate budget
• Wait for approval. This is the most challenging part of the entire process for most couples. Rest assured that we are with you the whole time and can answer your questions and address your concerns. We keep you informed every step of the way
• Once the I-130 is approved, other forms need to be filed. The primary visa application needs to be filed next. Your team at Gilliam Law will help you with this form, as it is the most complex
• Complete the medical exam and fingerprinting
• Attend a visa interview. Once all your documents are received, you will be scheduled for an interview to discuss your intended employment and plans in the United States. Despite the depictions of these interviews in the media and cinema, the interviewers are not trying to trick you. As long as you are honest about your relationship and reasons for immigrating, there is nothing to worry about
• Wait for a decision- This can be frustrating because the system is slower than we would like. After your visa is approved, you will be required to pay a final visa processing fee and given instructions on collecting your new documents

What is the Visa Interview Like?

An important step in the visa application process is conducting an interview with the United States Citizenship and Immigration Services (USCIS). Many visa applicants get nervous at this part of the United States immigration process and believe that messing up the interview could result in delays or cancellations of their immigration journey. Fortunately, so long as you and your foreign spouse have a solid relationship and know the basics of each other’s family history, you should be able to answer all of the questions without the need for concern.

Typical questions asked in a visa interview include the following:

• Did many people attend your wedding?
• Has the foreign spouse ever been to the United States before?
• Have you met your spouse’s parents or other family members?
• How many times have you and your spouse met in person?
• What is your spouse’s e-mail address and phone number? What is their home address?
• What is your spouse’s full name?
• When did you get married?
• Where was the marriage held? Was there a big wedding ceremony?

Both spouses will be interviewed and asked similar questions. If the answers of each spouse line up with the other and the marriage is deemed to be bona fide, the interview will likely go well, and a C-R1 visa is likely to be approved.

Chicago immigration attorneys can assist you through all steps of the family-based immigration process. For these and other immigration matters, please contact our law firm for a free case review. In your initial consultation, we will go over your immigration goals and help you determine the surest way to ace the interview and get approval from the national visa center.

What Documents Do You Need?

The following documents are required for a C-R1 Visa:

• A valid passport. The passport you present must be valid for six months past the date you plan to enter the US
• A recent passport-style photograph
• Your US citizen spouse must provide their birth certificate or a copy of their US passport if they have one
• Police certificates- You must provide police/criminal records from any country you have lived in for more than six months since you were 16
• Military history, if applicable
• Documentation from required medical exam and fingerprinting

What Are the Spouse Visa Wait Times?

Thankfully, the number of C-R1 immigrant visas issued every year in the United States is not limited. Because there is no limit on the number of applications approved annually, the visa application process typically takes much less time to conclude than other visa applications.

In most immigration cases, most couples receive their C-R1 visas within ten months or so. However, the timeline for receiving a valid visa at the end of your immigration case may depend on several factors, including errors in paperwork and potentially the foreign spouse’s country of origin.

So long as the interview goes well and all immigration laws are followed, eligible applicants should expect to receive their spouse visas within a year of submitting the application. To help streamline the process, we encourage clients to work with an experienced Chicago immigration attorney for legal guidance. Please contact our law firm to schedule your free case evaluation today.

What Are the Benefits of Being a Lawful Permanent Resident?

After the foreign spouse comes to the United States on their C-R1 visa, they will be granted conditional residency in the country. During this time, they will be allowed to apply for green cards, which will make them lawful permanent residents in the United States.

There are several benefits to being legal permanent residents in the US, including the following:

• Legal protections under United States laws
• More easily travel within the United States and internationally
• Potential eligibility for federal benefits, including financial aid for education and Social Security
• Protection from deportation or removal
• The ability to later sponsor family members for their own green cards
• The opportunity to apply for United States citizenship
• The right to engage in American politics
• The right to live and work anywhere in the United States

Schedule a Free Case Evaluation with Our Chicago Immigration Law Firm Today

Moving to a new country with your spouse is a huge undertaking, and it can be hard to start over. At Gilliam Law, we help shoulder some of the stress of this part of the journey so you and your spouse can focus on what is important: building your dreams. We believe in family. 

Contact a Chicago C-R1 visa lawyer for legal assistance throughout the immigration process. Our legal team would be proud to assist you and yours as you seek to unite within the United States of America. We offer compassionate legal services to interested clients all over the Chicagoland area. To learn more about our Immigration Services and how we may assist you, please contact our law office to schedule your free initial consultation today.

Call us today to schedule your Case Consult at 866-511-3422  Welcome Home.