IR-1/CR-1 Visa - Green Card For Married Partners

Anyone who is married to a U.S. citizen can apply for a green card (a permanent residence permit). The spouse of a green card holder can also apply for one. This also applies to same-sex couples, provided they have entered into a relationship that is equivalent to marriage.

Below, we would like to give you a brief, general overview of the multi-stage process for obtaining such a green card (United States Permanent Resident Card, I-551).

In the first step, the spouse in the U.S. (U.S. citizen or green card holder) must submit a petition to the U.S. Citizenship and Immigration Services (USCIS). This consists of various forms (e.g. I-130, I-130A), proof of U.S. citizenship (or lawful permanent resident status) of the spouse, and the marriage certificate.

The option of submitting the petition to the USCIS in Frankfurt if the U.S. spouse lives in Germany has been abolished, and the USCIS branch office has been closed. However, it is still possible to submit the petition to the U.S. Consulate in Frankfurt (direct consular filing) under certain conditions, thereby bypassing the USCIS in the U.S. with its usually long processing times. Green card holders cannot use this option, however; they must submit the petition for their spouse to the USCIS in all cases.

If the USCIS (or the U.S. Consulate in Frankfurt) approves the petition, the U.S. citizen (by the USCIS) and their foreign spouse (by the National Visa Center) will be notified. The second step is to apply for a U.S. immigration visa at the U.S. consulate. Here, too, the application consists of various forms (e.g. online form DS-260), evidence of the financial situation of the U.S. spouse and, if applicable, the applicant (including form I-864), a current criminal record, and other accompanying documents. The applicant must appear in person at the consulate and undergo a medical examination by a doctor contracted by the consulate or the U.S. Department of State, the results of which (medical report) are forwarded directly to the consulate by the doctor.

If the U.S. visa is granted, the applicant will receive their immigration visa (visa foil) in their passport. They will not usually receive a sealed envelope containing the examination results in Frankfurt any more, which they must present unopened to the U.S. border official upon entry. The procedure is completely electronic.

The U.S. visa is valid for six months. The applicant should travel to the U.S. within this period. However, it should be noted that the criminal record must not be older than one year and the medical report must not be older than six months at the time of entry. Before entering the country, however, the future green card holder must pay another fee: the USCIS Immigrant Fee. This fee is intended to cover the actual production of the green card, which is automatically sent to the U.S. address specified in the forms after entry, but this can take several weeks to months.

Upon entry, the U.S. border official should stamp the passport with a stamp (the I-551 stamp) for Lawful Permanent Resident. Within a certain period (generally one year after receipt), this stamp entitles you to permanent residence in the U.S., serves as a work permit, entitles you to receive a Social Security Number, and allows you to enter and leave the country, even if you do not yet have a physical green card in your possession.

• Fee for the I-130 petition: USD 535
• Fee for the immigrant visa: USD 325
• Fee for the green card (USCIS Immigrant Fee): USD 220

The payment methods should always be checked in advance on a case-by-case basis, as in some cases personal checks are accepted, while in others bank checks are required. The USCIS Immigrant Fee can currently only be paid online.

(as of August 2022)

• Inform USCIS of address changes
  
  If you move after entering the country and before receiving your green card, you must notify USCIS of the change of address (Form AR-11) so that your green card is not sent to the wrong address. As a foreign national, you are also required to notify USCIS of any change of residence after receiving your green card. U.S. citizens should also notify USCIS of any change of address during the ongoing process.
   
• Validity of the physical green card
  
  Like a passport, for example, the green card has an expiration date, which is usually around ten years. However, an expired green card does not automatically mean that you will no longer be allowed to enter the U.S. if you otherwise have your center of life in the U.S., i.e. the expiration of your green card alone does not cause you to lose your status as a lawful permanent resident.
   
• Removal of Conditions
  
  If the marriage has existed for less than two years at the time the green card is issued (not at the time the petition or visa application is filed), the green card will be limited to two years. The green card holder is then a so-called Conditional Permanent Resident (and has applied for a so-called CR-1 immigrant visa in advance). 90 days before the expiration of the time limit, a new application must be submitted to remove the time limit (Removal of Conditions, Form I-751).
   
• Longer stays outside the USA
  
  A lawful permanent resident is required to have their center of life in the USA. The more time they spend outside the USA, the greater the likelihood of encountering problems upon entry. Stays abroad of six months or more – whether consecutive or cumulative over the course of a year – may lead to closer questioning by border officials upon re-entry. It then depends on the overall circumstances – where do you work, where does your family live, etc. – whether the border official assumes that you have given up your status as a lawful permanent resident. Depending on the individual case, it is even possible that your status as a lawful permanent resident will be revoked.
  
  If your stay abroad lasted a year or longer, you will generally need a Returning Resident Visa (SB-1 visa) to re-enter the country, unless you applied for a Reentry Permit before leaving the U.S. Longer stays outside the U.S. also make it more difficult to apply for U.S. citizenship because you may not be able to prove the continuous residence required for naturalization.
  
  In order to obtain a Returning Resident Visa, you must demonstrate to the consulate that you never intended to give up your primary residence in the U.S. and that your stay abroad lasting one year or longer was due to circumstances beyond your control, such as a prolonged hospital stay or similar. If you are planning a longer stay abroad of several months, it is always advisable to apply for a Reentry Permit (Form I-131) before leaving the country. This will allow you to stay abroad for up to two years without encountering any problems upon your return.
   
• Applying for U.S. citizenship
  
  After three years in the U.S. and fulfilling other requirements (including good moral character and at least 18 months of physical presence), green card holders who are married to a U.S. citizen can apply for U.S. citizenship. Here, too, longer stays abroad can lead to problems or increased documentation requirements on the part of the applicant, especially for stays abroad between six months and one year. It should be noted that German citizens must obtain a German retention permit before naturalization in the U.S. in order not to lose their German citizenship. Whether you are applying for U.S. citizenship or applying to retain your German citizenship, we can provide you with comprehensive advice and support through our attorneys licensed in Germany and the U.S.