CR1 Visa in the Philippines

The IR1 and CR1 as well as the K3 visas are three ways of bringing your spouse to the United States. These three visas have different functions to address your specific needs. IR1 and CR1 are immigrant visas. This means that the two do not require an adjustment of status. In contrast,a K3 visa requires a change of status upon arrival in the US.
The CR1 (Conditional resident) visa grants your Filipina partner a conditional permanent resident status.Once approved, aside from staying in the US, he or she is allowed to work in the country. This visa is ideal for couples who have been married for less than two years.
*You and your spouse must file an application to remove the conditional status 90 days or 3 months before your second marriage anniversary. The rationale behind the conditional status is to prove that the couple did not use marriage as a convenient way to go to the United States.

CR-1 Visa Requirements

1. The marriage must be approximately two years upon application.
2. The marriage must be valid.
3. Proofs must be presented to show the marriage’s validity (photos, marriage contract and similar others).
4. Petitioner must be a U.S. citizen or a lawful permanent resident of the U.S.
5. Petitioner’s income must meet the requirement.
6. The Filipina spouse must be allowed entry in the U.S.

Criteria for conditional status removal
An individual can apply for a removal of conditional status if:

1. He or she is still married to a U.S. citizen or a lawful permanent resident
2. If he or she is a child and is not included in his or her parents’ application
3. He or she is a widow or widower as long as the marriage was pursued with good intentions
4. A divorcee, provided that the previous marriage was done in good faith
5. If removing the conditional status would bring hardship to the petitioner

*Once you meet the criteria, you can now apply for a status removal through submission of Form I-1751. You and your Thai spouse must do it together. If filing a joint petition is not feasible, you can file a waiver instead.

On late applications
Late applications cause you to incur the following penalties:

1. You are no longer allowed to enjoy the privileges of the conditional resident status and will be subject to removal proceedings.
2. The U.S Citizenship and Immigration Services (USCIS) shall serve you a notice, stating that you have failed to apply for a removal of your conditional status.
3. A Notice to Appear in a hearing shall be likewise served. During the hearing, you need to provide valid reasons to explain your delayed application.