Marriage-Based Green Card

IR1 and CR1 Eligibility Requirements

The eligibility requirements for CR1 and IR1 visas are very similar. When approaching this visa category, it is important to understand how the United States defines the term “spouse.” Although your marriage might be legally recognized in your home country, there is no guarantee that the United States will view it in the same way. To apply for the CR1 or IR1 visa, your marriage must be legal and valid with supporting documentation or similar evidence.

If common-law marriages are legal and valid in a foreign jurisdiction, they may qualify under CR1 and IR1 requirements. Polygamous marriages may qualify as well, but only the first set of spouses who marry into such an arrangement.

The US citizen spouse petitioning on your behalf must reside in the United States, and they must be at least 18 years old. If you are applying for an IR1 visa, you must also show that you have been married for more than two years.

F2A Eligibility Requirements

Eligibility requirements for the F2A visa requirements are more complex. Not only do you need to file Form I-485, but you may also need to be physically present in the United States when you submit it. You must provide evidence that you are legally married to a permanent resident, and you must also be “admissible” to the United States. Entering the country unlawfully may disqualify you. They may look into your criminal records, medical history, employability, and various other factors before making their final decision.

K-1 Eligibility Requirements

While there are no marriage requirements for K-1 visas, you still need to establish that you are legally allowed to get married. You may be ineligible for this visa if you have not yet divorced a previous spouse, for example. You and your future spouse must also meet at least two years prior to filing the petition. However, USCIS may grant you an exception if this goes against your culture. You may need to provide evidence that you have a genuine relationship with the US citizen.

General Eligibility Requirements for US Immigrants

Immigrants must also meet a range of general requirements that apply to all green card applications, regardless of existing marriages. You may face green card interviews, medical exams, and various other steps before approval. Even if you obtain a K-1 visa, border officials may not grant you entry into the United States. Various factors can disqualify you from obtaining a visa of any kind, such as past criminal acts or deportations.

Numerous factors can affect your green card eligibility even after your marriage has occurred:

Divorce May Make You Ineligible

You may become ineligible for a marriage-based green card if you get divorced while your marriage-based green card application is pending. This is a relatively common issue for CR1 visa applicants during the two-year conditional residency period. After a divorce, USCIS no longer has any reason to approve your marriage-based green card application.

Entering the Country Unlawfully May Make You Ineligible

Although it may help to be physically present in the United States before applying for your marriage-based green card, you must also avoid entering the country unlawfully. Unlawful entry may make you ineligible for any visa of any kind, and it is best to utilize legal strategies when entering the country. For example, you could work with a marriage-based green card lawyer in California to obtain a K-1 visa. This would give you 90 days to enter the country legally and marry a US citizen. You might also obtain a normal tourist visa to enter the country before applying for a marriage-based green card.

Fraudulent Marriages Are Ineligible

While many factors affect your eligibility after you get married, it is especially important to avoid fraudulent or unlawful activities. The most obvious example of marriage fraud is a “sham marriage” specifically intended to circumvent US immigration laws. You must enter into a bona fide marriage in order to qualify for a green card. Not only will a sham marriage make you ineligible for a green card, but it may also lead to deportation and potential criminal consequences. If you work with a qualified marriage-based green card lawyer, you can pursue positive results through legal channels – without resorting to fraud.