In Thailand, all Thai spouses of US citizens can apply for a CR1 visa, since this visa is intentionally made for the migrating foreign spouses of US citizens to the US. However, even if this is what it really meant for, a Thai spouse applicant, as well as the US citizen spouse, must undergo such background checks and must complete the necessary papers and requirements so that they can obtain for a CR1 visa in Thailand.
We have here a short briefing about the CR1 visa application that will help you and your Thai spouse prepare before you start the application for the visa.
What is a CR1 visa?
A CR1 visa was made and issued for the foreign spouses of the US citizens for their created plan to migrate and reside together in the US for the rest of their lives. It is a “conditional residence” which means that the couple must file to remove the conditional within 90 days before the 2nd anniversary of the acquirement of the conditional resident status. This can be obtained if the American spouse and the alien spouse will work together according to their part in the application.
Furthermore, a CR1 visa holder can take their qualified 21 years old unmarried children with the derivative visa of the CR1 visa.
Steps of the CR1 Visa Application Process
Step 1: Filing the Petition
- U.S. Citizen Spouse Files Form I-130: The U.S. citizen spouse must submit Form I-130, Petition for Alien Relative, to establish a valid marital relationship. This form is submitted to the U.S. Citizenship and Immigration Services (USCIS).
- Gather Supporting Documents: Along with Form I-130, submit proof of the U.S. citizen’s nationality, proof of the marital relationship, and any other required documents.
- Pay the Filing Fee: Pay the necessary filing fee and keep the receipt as proof of payment.
Step 2: Petition Approval
- USCIS Reviews the Petition: USCIS will review the petition and supporting documents to ensure that the relationship is genuine.
- Receive Notice of Action: Once the petition is approved, USCIS will send a Notice of Action (Form I-797) to inform the petitioner.
Step 3: National Visa Center (NVC) Processing
- Petition Sent to NVC: After approval, the petition is forwarded to the National Visa Center for further processing.
- Pay Visa Fees: Pay the required visa application and affidavit of support fees.
- Submit Visa Application Form: Complete and submit Form DS-260, Immigrant Visa and Alien Registration Application.
Step 4: Gathering Required Documents
- Collect Necessary Documents: Gather all required documents, including birth certificates, marriage certificates, police certificates, and financial documents.
- Prepare for Medical Examination: Schedule and attend a medical examination with an approved panel physician.
Step 5: Visa Interview
- Attend Visa Interview: Attend the visa interview at the U.S. Embassy or Consulate, bringing all required documents and receipts.
- Visa Approval: If the visa is approved, the consular officer will provide information on visa delivery and travel.
Step 6: Travel to the U.S.
- Pay the USCIS Immigrant Fee: Before traveling to the U.S., pay the USCIS immigrant fee online.
- Travel to the U.S.: Once the visa is issued, travel to the U.S. within the validity period of the visa.
Step 7: Arrival in the U.S.
- Arrive in the U.S.: Upon arrival, go through the U.S. port of entry where an immigration officer will review your documents and admit you as a conditional permanent resident.
Comprehensive Checklist of the Required Documents
For Filing Petition:
- Form I-130: Petition for Alien Relative, filed by the U.S. citizen spouse.
- Proof of U.S. Citizenship: Passport, birth certificate, or naturalization certificate of the U.S. citizen spouse.
- Marriage Certificate: To prove the legal marriage between the petitioner and the beneficiary.
- Passport-style Photos: Of both the U.S. citizen spouse and the foreign spouse.
For Visa Application:
- Form DS-260 Confirmation Page: Confirmation page of the completed online immigrant visa application.
- Passport: Valid for at least six months beyond the intended date of entry into the U.S.
- Birth Certificate: Of the foreign spouse.
- Police Certificates: From all countries where the foreign spouse has lived for six months or more since age 16.
- Medical Examination Results: From an approved panel physician.
- Financial Support Documents: Affidavit of support and supporting financial documents to prove the U.S. citizen spouse can financially support the foreign spouse.
- Two Passport-style Photos: Of the foreign spouse.
Possible Scenarios for CR1 Visa Application
Scenario 1: Proving a Genuine Marriage
- Challenge: Applicants must prove that their marriage is genuine and not for the purpose of obtaining a visa.
- Solution: Provide extensive proof of relationship, including photos, joint bank account statements, and affidavits from friends and family.
Scenario 2: Addressing Previous Visa Denials
- Challenge: A previous visa denial can complicate the CR1 visa application process.
- Solution: Address the reasons for the previous denial in the application and provide additional supporting documents to overcome the grounds of inadmissibility.
Scenario 3: Handling Long Processing Times
- Challenge: The CR1 visa process can be lengthy, causing stress and uncertainty.
- Solution: Stay informed about the application status, keep all documents up-to-date, and maintain open communication with the U.S. citizen spouse.
Frequently Asked Questions
Who are allowed to apply for a CR1 visa?
- First of all, since you are a US citizen, you will start the application by filing a petition for an I-130 spousal visa petition for your Thai spouse.
- A pending immigration petition with the name of your Thai spouse as a beneficiary at the USCIS.
- The marriage that occurred between you and your Thai spouse must be valid. This means that all previous marriages of either side of the couples must be lawfully dismissed.
Can a CR1 visa holder apply for a work permit in the US?
Definitely yes. Once the CR1 visa holder arrived in the US, he or she would be able to find employment right away. The stamped passport serves as a momentary “green card” while waiting for the permanent one to be given about 2 to 3 months.
Does a CR1 visa holder is allowed to travel outside the US?
Certainly yes. A CR1 visa holder does not need to apply for advance parole if he or she wants to travel abroad are authorized without limitation.
Why choose us for your CR-1 Visa application?
We are a registered law firm with multiple offices in Thailand. Our firm has attorney and consultants who are immigration specialists.