Immediate Relatives: IR/CR Visa

FAQ

On this page:


Overview

The Immigration and Nationality Act allows immediate relatives of U.S. citizens to immigrate to the United States. Immediate relatives include:

  • Spouse of a U.S. citizen (IR-1 / CR-1)
  • Unmarried children under age 21 of a U.S. citizen (IR-2 / CR-2)
  • Parents of a U.S. citizen who is 21 or older (IR-5)

U.S. citizens who plan to petition for immigrant visas for their alien relatives based on family relationship must complete a Form I-130, Immigrant Petition for Relative.

Step 1: File the Immigrant Visa Petition
If the petitioner resides in South Korea If the petitioner resides in the U.S.

Form I-130 must be filed with the USCIS Chicago Lockbox at one of the below addresses. For additional information about how to file a Form I-130 with the USCIS Chicago lockbox, visit the USCIS website or contact USCIS by telephone in the United States at 1-800-375-5283.

In certain limited circumstances, the petition may be filed directly with the Immigrant Visa Unit, US Embassy Seoul in Korea.  If the petition is approved by the Immigrant Visa Unit, US Embassy Seoul in Korea, the intending immigrant receives the Instruction Package via email from the Immigrant Visa Unit, with a list of the documents that must be presented at the immigrant visa interview.  You can learn more about the details on Filing the Immigrant Visa Petition with www.ustraveldocs.com/kr.

File I-130 petitions at the USCIS service center in the United States having jurisdiction over their place of residence. A list of service centers is included in the instructions with downloadable Form I-130.

If the petition is filed with the U.S. Citizenship and Immigration Services (USCIS) in the United States, the case will be processed through the National Visa Center (NVC) in New Hampshire.  To apply for an immediate relative or family preference immigrant visas, follow the steps on the Immigrant Visa Process on travel.state.gov. Once you have completed those steps, review the instructions given to you by the NVC, along with the information presented on this website, for further guidance and instructions.

Step 2: Gather the Required Documents and Prepare for the Immigrant Visa Interview
If the I-130 was filed in Seoul If the I-130 was filed in the U.S.

If the petition is filed and approved by the Immigrant Visa Unit, US Embassy Seoul in Korea, you will receive the Instruction Package via email from the Immigrant Visa Unit.  You must schedule your appointment through the U.S. Visa Information Service on www.ustraveldocs.com/kr or by calling the call center representative.  You must submit the Online Immigrant Visa Application (DS-260) online before the visa interview, and bring the forms and documents listed in the Instruction Package to the visa interview.  At the interview, you will also need to pay for the immigrant visa application processing fee, which is a separate fee from the I-130 petition filing fee that you have paid when you filed I-130 petition.  You can learn more about the Immigrant Visa Application Processing Fee on travel.state.gov.

When the petition is approved by USCIS in the United States, USCIS will send you a notice of approval, Form I-797. At the same time they will also forward the approved petition to the National Visa Center (NVC), which will contact your relative who is the intending immigrant with further information. The National Visa Center will process the case from fee collection to document gathering and will schedule an appointment for your relative. Your relative will be notified of his or her appointment date from NVC. NVC will then forward the approved petition to the U.S. Embassy in Seoul for the visa interview and adjudication.
Step 3: The Immigrant Visa Interview
On the interview date, a consular officer will adjudicate the application based on the visa interview and documents submitted at the interview by the applicant. Whether to issue the immigrant visa is up to the discretion of the interviewing officer.

 

Due to the limited space in our interview waiting room, only beneficiaries may enter; the petitioner may accompany the applicant. Other accompanying parties including friends, employees, or attorneys, must wait outside. Children under 18 years old may be accompanied by one parent or guardian to the interview.

Beneficiaries are strongly advised not to finalize travel arrangements, dispose of their property, or give up their jobs until after they have been issued visas. Quitting a job, leaving school, selling property and/or closing bank accounts prior to visa issuance may be risky, as in certain cases visa issuance may be delayed for some time.

Important: If at the time of admission to the United States, you will have not celebrated the second anniversary of your marriage, which is the basis of your CR immigrant status, you are subject to the provisions of section 216 of the Immigration and Nationality Act. Under these provisions, you will be granted conditional permanent residence by an officer of the Department of Homeland Security (DHS) at the time of your admission to the United States. You and your spouse will be required to file a joint petition (Form I-751) with the DHS to have the conditional basis of your status removed. This petition must be filed within the ninety-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status. If a petition to remove the conditional basis of your status is not filed within this period, your conditional permanent status will be terminated automatically and you will be subject to deportation from the United States. You will be provided with written information about this status when your visa is approved and issued, which you should retain and use as a reference.