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How Do I Bring My Spouse (Husband or Wife) to Live in the United States?

Let us Help You to Bring Your Foreign Spouse to the United States with a CR-1 Spousal Visa

We will help you to bring your Spouse to the United States with an CR-1Visa

The biggest benefit of the IR-1 visa is "you do not have to be an American citizen to apply for a IR-1 visa for your spouse. You can apply if you are a lawful permanent resident". A IR-1 or CR-1 entrant can work in the United States as soon as their Social Security number and Green Card arrive. The really nice thing about a CR-1 & IR-1 is that you never have to do an adjust of status. This can save you money. In general, the CR-1 & IR-1 visa process is considerable more complicated then a K-1 and if you are not married yet, we recommend the K-1.

You can apply for a CR-1 or IR-1 visa if you are a United States or a lawful permanent resident  

If you follow this process, the foreign spouse will complete the visa process completely outside the US, and then arrive in the US and become a Permanent Resident immediately. Once the immigrant visa holder enters through a US Port of Entry, he or she will receive a Green Card in the mail (at their US address) within a few weeks.

To obtain either visa, you must meet the following requirements:

• You must be legally married. Living together does not qualify as a marriage for immigration purposes. Unmarried partners are ineligible to sponsor visas to the United States. U.S. law does not allow polygamy. If you were married before, you and your spouse must both show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you can file only for your first spouse.

• You must be 18 years old before you can sign the Affidavit of Support, which is a form that will be required later in the process.

• The spouse in the U.S. is the Petitioner and the spouse in the foreign country is the Beneficiary.

Differences Between IR1 and CR1 Visas

• IR1 (IR stands for "Immediate Relative") Visas entitle their holder to receive Permanent Residency within the United States for a period of 10 years (may be renewed)
• CR1 (CR stands for "Conditional Residency") Visas entitle their holder to receive "Conditional" Permanent Residency within the United States for a period of 2 years

The deciding factor on which visa an applicant is issued (IR1 versus CR1 visa) is the amount of time that they have been married at the time the visa is issued. If an applicant has been married to their US Citizen spouse for a period of two years or greater they will be issued an IR1 Visa. If they have been married less than two years they will be issued a CR1 Visa. A CR1 Visa will result in the applicant obtaining "conditional" permanent residency within the US and after a period of two years the applicant can apply to "Remove Conditions" 90 days before the conditional permanent resident card expires and they will be issued a regular 10 year green card.

Children

Children (below 21 years of age and unmarried) of the Filipino spouse are also eligible to apply for IR visas if individual petitions are filed on their behalf by the U.S. citizen spouse. Under U.S. immigration law, only children under the age of 18 at the time their natural parent married a U.S. citizen are considered “step-children” for immigration purpose. Children who were 18 years or older at the time of the marriage may not be petitioned as step-children. They may be petitioned by the Filipino parent after he/she becomes a lawful permanent resident (LPR) of the United States.

What is a “Spouse”?

A spouse is a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration, but only if the laws of the country where the common-law marriage occurs recognizes common-law marriages and grants them all the same rights and obligations as a traditional marriage. In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

Minimum Age Requirement for the Petitioner

There is no minimum age to file a petition for a spouse for immigration. However, you must be 18 years of age and have a domicile in the U.S. before you can sign the Affidavit of Support, Form I-864, and this form is required for an immigrant visa for spouses and other relatives of U.S. sponsors.

U.S. Domicile Is Required

You must have a domicile (residence) in the United States before we can issue an immigrant visa to your spouse. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all Spouse of a U.S. Citizen (IR-1) immigration cases. The petitioner must be domiciled or residing in the United States at the time the Filipino spouse has a visa interview. NOTE: Active-duty U.S. military personnel and other U.S. Government personnel are considered domiciled in the United States while serving overseas.

What Does the National Visa Center Do?

After a Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) office in the United States approves the petition, it sends the petition to the National Visa Center (NVC). When an applicant's priority meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

Vaccination Requirements

United States immigration law requires immigrant visa applicants to obtain certain vaccinations prior to the issuance of an immigrant visa. Panel physicians who conduct medical examinations of immigrant visa applicants are required to verify that immigrant visa applicants have met the vaccination requirements.

Age Requirements, Parental Consent, Parental Advice:

Parents' Consent (for 18-21 years old) or Parent's Advice (for 21-25 years old): Under Philippine law, the legal age for marriage is 18. If the contracting parties are between the ages of 18 and 21, they must present written consent to the marriage from their father, mother or legal guardian. While any contracting party between the age of 22 and 25 must present written parental advice, i.e., a written indication that the parents are aware of the couple's intent to marry.
 

The "average time" right now is approximately 6 months to get a IR-1 visa or a CR-1 visa approved from the filing date. If an investigation is required and if the applicant does not satisfy all application requirements, visa issuance may take longer. A U.S. citizen should not arrange to take the Filipino spouse back to the United States immediately following the marriage. No travel arrangements should be finalized until a visa has been issued.

Because of the time involved in processing the application for an immigrant visa, it is recommended that the petitioner and beneficiary gather the required documentation to submit with the visa application at the earliest possible time.

Does a Child Have Derivative Status?

No. A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his/her parent’s F2 petition. A child is not included in his/her parent's IR petition.

If you are a U.S. citizen, you must file separate immigrant visa petitions for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now.

Remember that children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will decide whether your child is a U.S. citizen and can have a passport. If the consular officer decides your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S.

Do it Yourself?

If you were to just go by the directions on the U.S. Government web site for the Fiancee or marriage visa, you may have your application for a visa rejected and you must start all over again. There are certain requirements you that must adhere to, things that you must know about that you are not advised about on the these Government web sites. You are not just allowed to make the corrections, as the process has to be started from the beginning again with another payment of the filing fee and that also means more delays. Avoid costly mistakes and subsequent delays with the USCIS. Let's do it right the first time!

What We Will Do For You

We will decide the most efficient method of processing your IR1 or CR1 visa for the Philippines. We will make sure you qualify you for a IR1 or CR1 Visa. We will answer any and all questions that you may have. We'll guide you every step of the way. We have a proven track record in dealing with the U.S. Embassy in Manila. We have built a strong, professional relationship with the U.S. Embassy staff, this allows us to get your visa issued quickly and bypass the red tape. We will immediately begin processing your IR1 or CR1 visa upon receiving your required information and supporting documents. We will fill out all the forms for you quickly and without mistakes! Many Immigration Attorney's hire us to process the paperwork for them and they charge you fee's amounting to thousands of dollars. You don't need to pay their high fees anymore! We are able to identify and correct any potential problems on your IR1 or CR1 petition so that the petition that the USCIS receives is "clean" and will be processed in the fastest time possible. You can count on accurate professional preparation of your visa application. We will not submit your IR1 or CR1 visa petition until we are absolutely confident that there are no problems that may cause the USCIS to "RED FLAG" it and kick it out of the system. We will submit your IR1 or CR1 visa petition to the USCIS for you. You will receive a confirmation from FedEx that your IR1 or CR1 visa petition has been successfully received by the USCIS. You will be able to check the status of your petition online anytime. Once your IR1 or CR1 visa petition is APPROVED, you will notify us and we'll then assist you in notifying the U.S. Embassy in Manila, Philippines that your petition was approved. We will assist your spouse  with getting her medical exam and provide your spouse  with vital information for her medical exam that she must know. We will provide your spouse with vital information for her U.S. Embassy interview. We give expert assistance to your spouse with filling out the forms she will need for her interview. We will provide your spouse with up to the minute, vital information she will need for her IR1 or CR1 visa interview. We will make sure she has everything she needs for her U.S. Embassy interview and even provide her with sample questions she will be asked. We will also answer any and all questions she may have. We will provide you with information regarding the steps that are required to adjust your wife's status with the USCIS after your spouse  arrives in the United States and you are married. Once a mistake is made, it's too late.  The U.S. Embassy in Manila is one of the toughest Embassies in the World to get a IR1 or CR1 visa from. A great deal of effort is undertaken by the U.S. government to scrutinize each IR1 or CR1  visa application and reject filings for any "legitimate" reason, including minor procedural errors. We take away the risk of having your IR1 or CR1 visa denied by making a mistake. A IR1 or CR1 visa requires almost double the paperwork compared to a K1 visa. There is a lot more opportunities to make mistakes. We Make it Easy and Stress Free! We'll do all this for you!   We'll do it fast! We'll do it right the first time! Our fees are the most reasonable you will find anywhere and we have the experience you need. Avoid costly mistakes and subsequent delays with the USCIS. Low, flat fee - No hidden costs. 100% Risk Free Guarantee You deal with us risk free! If we make a mistake in processing your IR1 or CR1  visa petition that results in your visa being denied, you get your money back. Period, No questions asked. No hassle.  If you and your spouse meet all requirements for the IR1 or CR1 visa, we guarantee that our preparation will result in your spouse getting their IR1 or CR1 visa or you pay us nothing!  That's our solid promise to you. Let's do it right the first time!

The only fee you EVER pay us is a

 one-time fee of $425.

So what are you waiting for?

Get Your Spouse at Your Side NOW!

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Disclaimer: filipinafianceevisa.com is not a law firm. Owners and staff are non-attorneys. We specialize in processing documents for fiancee visas. We do not give legal advice. If you need legal advice we would encourage you to seek the advice of an immigration attorney.