IR1 Visa Application for Thai Spouse

If you're planning to move home to the United States with your Thai spouse, you might be considering the IR1 visa. The IR-1 Immediate Relative visa is issued to couples who have been married for over two years at the time of applying for a spousal visa. The visa allows you to sponsor your Thai spouse for permanent residency to live in the US.

This guide provides detailed information on the IR1 visa process, including eligibility criteria, required documentation, application steps, and what to expect during the consular interview.

Types of IR Visas

An IR family preference visas provide a direct path to permanent residency in the United States for close family members of US citizens and lawful permanent residents (LPRs). These immediate relatives include:

• Spouses (IR-1): Must be legally married to the US citizen petitioner and demonstrate a bona fide marital relationship. Both partners must be at least 18 years old.
• Children (IR-3): Must be under 21 and unmarried.
• Parents (IR-5): Must be the biological or adoptive parent of a US citizen who is at least 21 years old.

What is the IR1 Visa?

The IR1 visa, also called the Immediate Relative Spouse visa, is a visa that allows your foreign spouse to enter the US and receive a green card. Unlike other family-based immigration categories, which have limited visa availability each year, the IR-1 category has no numerical cap.

As a green card holder, your spouse will be authorized to live and work permanently in the United States. The card also serves as proof of travel authorization for re-entry into the country after temporary absences. As an LPR, your spouse's green card is renewable indefinitely as long as they continue to adhere to all US immigration law requirements.

IR-1 Eligibility Requirements

To bring your foreign spouse or family member to the United States, you must meet the following eligibility criteria:

• US Citizenship or Permanent Residency: You must be a US citizen or lawful permanent resident.
• Age Requirement: You must be at least 18 years old to sponsor an IR1 visa.
• Financial Responsibility: You must demonstrate your financial ability to support your spouse and any dependent children (or parents).
• US Domicile: You must maintain your primary residence in the United States or show clear plans to return and live there permanently with your spouse.
• Genuine Marriage: Your marriage to your foreign spouse must be legally valid and genuine. Additionally, your spouse must reside outside the US when you submit the initial visa petition to USCIS.

Required Documents

Green card applications require substantial evidence to prove both your spouse's eligibility as a beneficiary and your suitability as a visa sponsor. To demonstrate you meet these criteria, you will need to provide the following:

• Proof of Your US Citizenship or LPR Status: This could include a US birth certificate, US passport or passport card, statement from a consular officer verifying citizenship, Form FS-240 issued by the US Department of State, Certificate of Naturalization or Certificate of Citizenship, or green card.
• Your Spouse's Personal Documents: Your spouse must submit the following documents:
  • Passport
  • Birth certificate
  • Two passport-style photographs
  • Proof of legal name change (if applicable)
  • All criminal, court, and military records (if applicable)
  • Police certificates from Thailand and any other countries of residence since the age of 16
• Evidence of Your Finances: You will need for file a Form I-864, Affidavit of Support when applying for an IR-1 visa. The Form I-864 demonstrates that you have sufficient income to support yourself and your spouse. You should provide a copy of your personal federal income tax return, including any W-2s for the last tax year, copies of Form 1099s, schedules, and any other evidence of reported income. You may also choose to include the following documents:
  • Tax information from the last three years
  • Pay stubs from the last six months
  • Letter from your employer
• Evidence of a Genuine Marriage: You and your spouse must evidence of your legal marriage and demonstrate that any prior marriages were legally terminated (i.e. divorce, annulment, death). You should prepare the following documents:
  • Marriage certificate
  • Divorce decrees, annulment papers, or death certificates for previous marriages (if applicable)
  • Deeds, titles, or other documents proving shared ownership of property
  • Lease agreement or utility bills indicating a shared home address
  • Joint bank accounts, credit cards, or tax returns
  • Birth certificates of children born to both spouses
  • Statements or affidavits from individuals with personal knowledge of your marriage

How to Apply for the IR1 Visa

Step 1: Prepare the Form I-130, Petition for Alien Relative

You begin the IR-1 visa application process by filing a Form I-130, Petition for Alien Relative and a Form I-130A, Supplemental Information for a Spouse Beneficiary with United States Citizenship and Immigration Services (USCIS).

These forms provide information about your foreign spouse and state that you, a US citizen or permanent resident, are petitioning for an IR1 visa on their behalf. You should include the relevant supporting documentation (see above) in the petition packet.

Once you've gathered all necessary forms and documents, you can submit your petition to USCIS for initial review. USCIS will send you or your legal representative a receipt notice within approximately two to three weeks of receiving your package.

Step 2: USCIS Review and Petition Decision

USCIS can take anywhere from a few months to over a year to review your petition and supporting documents. Once USCIS make a decision, they will issue a second notice. If approved, your case will be forwarded to the National Visa Center (NVC) for further processing. If denied, you'll receive an explanation of the reasons.

In 2024, the average processing time for an I-130 petition is around 10 to 14 months.

Step 3: Wait for an Available Visa

If you are a US citizen, your Thai spouse's visa should be available immediately after the Form I-130 petition is approved.

However, if you are a green card holder, your spouse will likely have to wait for a visa. The availability of immigrant visas is determined by the US Department of State through a monthly Visa Bulletin. This Bulletin posts when your spouse's visa is available based on the petition's filing date. Unfortunately, spouses of US permanent residents often wait several years for visas to become available.

Step 4: Preparing for the Visa Interview and Medical Examination

Once a visa is available for your spouse, they will receive a letter instructing them to complete two forms: (1) Form DS-261, Online Choice of Address and Agent, and (2) Form DS-260, Online Immigrant Visa and Alien Registration Application.

Your spouse's visa interview will be scheduled once they have paid for and submitted the Form DS-260. They will also receive a checklist of documents to bring to the interview and information on scheduling a required medical exam with an authorized physician. At the medical examination, your spouse must receive all vaccinations necessary for US immigrant visa applications.

Step 5: Consular Interview

Your spouse will need to bring all the documents requested in the appointment letter to the visa interview. This includes supporting documents from the original I-130 petition, the visa interview appointment letter, the DS-260 confirmation page, a valid passport, sealed medical exam results, the Affidavit of Support (aka Form I-864), and certified translations of any non-English or Thai documents. Additional documents may be required at the consular officer's discretion.

During the interview, the consular officer will review these documents and ask your spouse questions about the application and your relationship. The interview typically lasts around 15 to 30 minutes depending on the complexity of your case.

IR1 Visa Decision

After the interview, the consular officer will decide whether to approve the visa. To grant the IR-1 visa, the officer must be convinced of the authenticity of your relationship and the absence of any legal obstacles to the application. If the officer needs more information, they may issue a Request for Evidence (RFE). Otherwise, you can expect a decision within a few weeks of the interview.

If the visa is approved, it will be placed in your spouse's passport. They will also receive a sealed packet of documents to present to US Customs and Border Protection (CBP) upon arrival. Before your spouse travels to the US, you must pay the USCIS immigrant fee to cover the green card production costs.

The visa is valid for six months from the medical exam date. Your spouse must enter the US within this period to activate their conditional permanent resident status.

IR-1 Visa Processing Time

Several factors can influence the processing time for a spousal green card. Your foreign spouse's country of origin, the current workload of immigration agencies, the quality of the petition, and ongoing policy changes can all impact the timeline. Additionally, unforeseen events like natural disasters or global crises may cause delays.

In 2024, average IR-1 processing times are around 14 to 18 months for Thai spouses of US citizens, and approximately 24 to 36 months for spouses of US legal permanent residents. This includes processing the I-130 petition and attending the visa interview.

IR1 Visa Approved: Becoming a US Lawful Permanent Resident

After entering the US, your spouse will typically receive their green card within a few months. This card is valid for ten years and allows them to live and work in the US and travel in and out of the country.

To maintain their permanent resident status, they must renew their green card before it expires by filing a Form I-90, Application to Replace Permanent Resident Card.

Path to Citizenship

If your spouse decides to become a US citizen, they can apply after meeting certain continuous residency requirements. If you are a US citizen, they can apply after living as a permanent resident for three years. However, if you are also a permanent resident, you must wait five years before applying for citizenship.

IR-2 Dependent Visa

If you married your foreign spouse before their children turned 19, you may be able to include them in your immigration petition. Your stepchild should be under the age of 21 and unmarried to apply for an IR-2 visa.

IR-1 Visa Application Costs

When applying for the IR-1 spousal visa, you should take into account the following costs:

• Form I-130 Filing Fee: 675 USD (if filed by mail) or 625 USD (if filed online)
• Immigrant Visa Application (DS-260) Fee: 325 USD
• Medical Exam: Around 100 USD to 500 USD
• Green Card Fee: 220 USD
• Document Costs: This includes the costs to acquire original government documents like passports, birth certificates, etc., and obtain photocopies, translations, and notarizations.

Note: Application fees are subject to change. These costs are accurate as of August 2024.

Alternatives to the IR-1 Immigrant Visa

The IR1 visa and CR1 visa are both for spouses of US citizens and permanent residents. They have the same application process and costs but are issued under different circumstances. If you have been married for less than two years when applying for a spousal visa, your spouse will be issued a CR1 visa, also known as a Conditional Resident Spouse visa. If you have been married longer than two years, you will receive an IR-1 visa.

CR1 visa holders receive a conditional green card for two years. To maintain permanent residency, they must file a Form I-751 to remove the conditions. IR-1 visa holders receive an unconditional green card valid for ten years. Both IR1 visa and CR1 visa are often referred to as marriage-based green cards.

Alternatively, if you are currently still engaged and a US citizen, you may instead want to consider the K1 visa to bring your fiancé(e) to the US. After you are married in the US, you can apply for a green card to receive immigration benefits.

IR-1 Visa Frequently Asked Questions

Who is considered a spouse for US immigration purposes?

For US immigration purposes, a spouse is typically defined as an individual who is legally married to a US citizen or permanent resident. If you are in a common law marriage, you should consult an attorney to determine your spouse's eligibility for the IR-1 visa.

Are same-sex couples eligible for the IR-1 visa?

Yes, your same-sex partner can apply for the IR-1 visa and obtain a marriage-based green card.

If I am a US permanent resident, can I bring my Thai spouse to the US on a spousal visa?

Yes, as a US green card holder, you can sponsor your Thai spouse for an IR-1 visa.

What are the immigration benefits of an IR-1 visa?

With an IR-1 visa, your spouse will receive a green card based on your marriage and enjoy several privileges:

• Freedom of travel: They can travel internationally and return to the US without requiring Advance Parole travel authorization.
• Immigrant benefits: They can apply for a driver's license and open bank accounts.
• Employment authorization: They can work legally without needing additional work permits.
• Educational opportunities: They can enroll in academic courses.

How long can my spouse travel outside of the US?

A lawful permanent resident is expected to establish their primary residence in the United States, therefore spending extended periods of time outside the US can lead to complications for your spouse upon re-entry. For example, stays abroad of six months or more may result in more thorough questioning by border officials. If your spouse spends too long outside of the country without showing sufficient ties to the US, their permanent resident status could be revoked.

If your spouse remains outside the US for a year or longer without having obtained a re-entry permit, or Advance Parole, before departure, they will generally need a returning resident visa (SB-1 visa) to re-enter the country.

Extended stays abroad can also complicate the process of applying for US citizenship, as your spouse may struggle to demonstrate the continuous residence required for naturalization.

Can I appeal a denied IR-1 visa application?

Yes. If your IR-1 visa application is denied, the denial notice will outline any potential appeal options, including deadlines and procedures.

Given the complexity of immigration law, it's highly recommended to consult with an immigration attorney to understand your specific situation and explore possible appeal avenues.

Why choose Siam Legal for your IR1 visa application?

Siam Legal International is a full-service law firm with over 20 years of experience assisting Americans in bringing their Thai spouses to the United States. Our skilled immigration advisors offer comprehensive guidance throughout the IR-1 visa process, ensuring your application has the best chance of success. Our team provides the following services:

• Case Evaluation: Assess your eligibility for the IR-1 visa and explore alternative options if needed.
• Document Preparation: Create a detailed checklist and gather all necessary paperwork for the green card application.
• Form Completion: Complete all required immigration forms accurately and on time.
• Communication: Manage correspondence with USCIS, the National Visa Center (NVC), and the US Embassy in Bangkok.
• Interview Preparation: Guide your spouse through the visa interview process.

Reach out to Siam Legal today to learn how we can help you and your spouse start your lives together in the US.

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