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IR1 or F2A Visa (Marriage Immigration)

What is IR1 / F2A Visa?

The IR1 visa is an immigrant visa for the spouse of a U.S. citizen. The F2A visa is an immigrant visa for the spouse of a U.S. permanent resident. This visa allows the spouse of a U.S. citizen or a U.S. permanent resident to live and work anywhere in the United States. The spouse will have permanent resident status until he/she decides to apply for U.S. citizenship. Applicants in this category are eligible to take the U.S. citizenship test and obtain citizenship three years after receiving their green card.

What is the definition of a spouse in immigration law?

  • A spouse is defined as a legally married husband and wife.

  • Simply living together does not meet the definition of marriage under U.S. immigration law.

  • A marriage defined by case law may meet the definition of marriage under U.S. immigration law, but it must be determined based on the local case law of the place where the marriage took place.

  • In cases of polygamy, the first husband/wife is eligible to be defined as a spouse recognized by U.S. immigration law.

  • The same-sex spouse of a U.S. citizen and legal permanent resident, and their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.


What is a conditional green card?

A conditional green card is a temporary two-year green card issued to immigrants who have recently married. If the applicant arrives in the United States on an immigrant visa or obtains a green card through adjustment of status and has been married to a U.S. citizen spouse for less than two years, the applicant will receive a conditional green card. Additionally, to maintain permanent resident status, the conditional green card holder must apply to remove the conditions on their status within 90 days before the green card expires. Conditional green cards cannot be renewed, so unless the conditions are removed, you will lose your permanent resident status.


Processing time for IR1 or F2A Visa?

The U.S. Citizenship and Immigration Services (USCIS) generally takes 14.5 to 18.5 months to process IR1 or F2A applications. This time frame starts from the date USCIS receives the case. Additionally, after the spouse’s immigration application is approved, the F2A category is subject to quota limitations. Only after the quota's waiting period expires can the applicant apply for a visa at a U.S. consulate overseas.


What are the fees for IR1/F2A application? (subject to change)

  • Form I-130 application fee: $535

  • Form I-485 adjustment of status application fee, which includes Form I-131 travel document application and Form I-765 work permit application fee: $1,225/person (age 14 and over); $750/person (under age 14)

  • National Visa Center application fee (for overseas applications): $445 (includes $120 affidavit of support form and $325 Department of State processing fee)

  • Green card production fee: $220 (must be paid online before the green card is produced)

  • Translation fees: Approximately $500-$800

  • Medical examination fees: Approximately $450-$800


What services does AllBelief Law Firm provide?

  • We will provide you with a complete and clear list of IR1 or F2A visa materials, making all the required materials for the IR1 or F2A visa clear at a glance.

  • We will help you collect and organize your application materials.

  • We will clearly answer all your questions related to your application.

  • We will help you fill out and submit all forms related to the IR1 or F2A visa.

  • We will help you respond to questions from USCIS, and also provide training for your green card interview.

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