A spouse visa might be called a CR-1 or an IR-1 visa.
CR-1 is when the couple has been married less than 2 years,
IR-1 is if the couple has been married longer.
The following are the eligibility requirements to apply for a Spouse Visa,
And to be approved for the visa by US immigration, you must go beyond just
meeting the eligibility requirements. You must PROVE that the following requirements have been met.
1. You are Lawfully Married.
Wherever, and however, you have your ceremony, the government,”THE STATE”
where the ceremony was conducted must consider you officially,
lawfully, married, and issue a piece of paper confirming it.
2. You have “consummated” the marriage.
This means you spent time together with your spouse, in-person after the wedding ceremony.
This of course is typical. Most couples marry in person, then go off on Honeymoon, or return
home to start building their lives together. But in case you had a proxy or web conference wedding
where you and your spouse were not physically in-person at the wedding. Well, while you
are lawfully married for most purposes, US immigration will not consider you married
for immigration purposes without you first getting on the plan and spending some time together in-person.
Only after you have ticked both boxes. “lawfully married” AND “been together, consummated the wedding, can
you apply for the spouse visa.
3. Your relationship is “bona fide”.
Eligibility wise, this is the most critical aspect of successfully obtaining the visa for your spouse.
The consular officers, must be convinced that you two TRULY want to spend your lives together.
This area is really where I spend very much time when working with my clients applications.
It is not good enough that you know in your “heart of hearts” how sincere you are.
We have to convince a total stranger, one who doesn’t know you, but who has, sadly, been tricked many times before
that you and your spouse are the “good guys”.
4. You must be a US citizen or a Lawful Permanent Resident
to apply for your spouse to join you in the USA.
5. Your income exceeds 125% of the poverty level where you live.
6. You have not have been convicted of certain crimes.
7. Your foreign Spouse is of good moral character.
8. Your foreign Spouse has not (seriously) violated U.S. immigration laws.
9. Your foreign Spouse has a valid passport for travel.
10. Your foreign Spouse passes the medical.
Your foreign Spouse will need to demonstrate having had all required vaccinations, including Covid,
and does not carry any diseases that would cause a public health risk
11. You and your spouse intend to live, together in USA
This was Fred Wahl, The VisaCoach