US spouse visa for Salvadoran nationals
What this visa is
The CR-1 and IR-1 immigrant visas allow the husband or wife of a United States citizen to move to the US permanently. The applicant enters as a lawful permanent resident and receives a green card shortly after arrival. This is a settlement route, not a visitor visa.
Salvadoran applicants interview at the US Embassy in San Salvador.
If the couple has been married for less than two years when the applicant enters the US, the visa is a CR-1 with a conditional two year green card. Two years or more and it is an IR-1 with a ten year card.
Who can apply
You can apply if you are legally married to a United States citizen and the marriage is valid where it took place. In El Salvador a marriage is celebrated before a notary, a mayor or an authorised official, and is then registered with the Registro del Estado Familiar of the municipality, which issues the certified marriage record.
An unregistered union, however long standing, is not a marriage for US immigration purposes.
Both spouses must have been free to marry, with a divorce record or death certificate for any earlier marriage.
Who can sponsor
The sponsor must be a United States citizen. Spouses of green card holders apply in the F2A category, which has annual limits and a waiting list.
Many Salvadoran families in the United States hold Temporary Protected Status rather than residence. TPS is not a basis for sponsoring a spouse, so check the sponsor’s status carefully before choosing a route.
Financial requirement
The sponsor signs Form I-864, the affidavit of support, which is enforceable against them in court.
Household income must be at least 125 percent of the federal poverty guidelines: $27,050 for a household of two in the contiguous states. Shortfalls can be covered with assets worth three times the gap, or with a joint sponsor who meets the test independently. Active duty military sponsors need only 100 percent.
Unlawful presence and the I-601A waiver
This is the issue that decides many Salvadoran cases. If you have previously lived in the United States without status for more than 180 days, leaving to attend the interview in San Salvador triggers a bar on returning: three years for more than 180 days, ten years for a year or more.
The remedy is Form I-601A, the provisional unlawful presence waiver, filed and approved while you are still inside the United States, before you travel. It requires evidence that refusing you would cause extreme hardship to a US citizen or permanent resident spouse or parent.
Anyone with any period of unlawful presence should take legal advice before departing. Leaving without an approved waiver can separate a family for a decade.
Step one: the I-130 petition
Your spouse files Form I-130 with USCIS from the United States, with the marriage record, proof of US citizenship and evidence of the relationship over time.
Once approved, the case transfers to the National Visa Center.
Step two: the National Visa Center
The National Visa Center collects the DS-260 application, fees, the affidavit of support and civil documents. The case only progresses once every document has been accepted.
Salvadoran civil documents should be recently issued certified copies. Documents in Spanish require certified English translations.
Step three: the interview in San Salvador
Interviews take place at the US Embassy in San Salvador and are conducted in Spanish. Bring original documents even where scans were uploaded.
Medical examination
You must be examined by a panel physician approved by the embassy before your interview. Approved clinics are in San Salvador and appointments are booked in advance.
The examination covers a physical check, chest x ray, blood tests and required vaccinations. Bring your vaccination records. Results go directly to the embassy.
Police certificates and civil documents
You need a criminal record certificate covering both police and judicial records. In practice this means the solvencia issued by the Policía Nacional Civil and the certificate of antecedentes penales issued by the judicial authority. Certificates have a limited validity, so time the requests so they are still current at interview.
Birth and marriage records come from the Registro del Estado Familiar in the municipality where the event was registered.
If you have lived in another country for twelve months or more since turning 16, you need a police certificate from that country as well.
Documents needed
- Valid Salvadoran passport
- Certified marriage record from the Registro del Estado Familiar
- Certified birth record from the Registro del Estado Familiar
- Documento Único de Identidad
- Divorce record or death certificate for any previous marriage
- Police record certificate from the Policía Nacional Civil
- Judicial record certificate of antecedentes penales
- Court and prison records if ever arrested or convicted
- Sponsor’s proof of US citizenship
- Sponsor’s federal tax return, W-2 forms and recent pay stubs
- Completed Form I-864 with supporting evidence
- Medical examination results from an approved panel physician
- Two US visa format photographs
- Relationship evidence spanning the whole relationship
- Certified English translations of Spanish documents
Costs
- Form I-130: $625 online, $675 on paper
- Immigrant visa application fee (DS-260): $325
- Affidavit of support review fee: $120
- Medical examination in San Salvador: typically $200 to $350
- Civil documents and police certificates: modest local fees
- USCIS Immigrant Fee after the visa is issued: $235
- Form I-601A waiver, if needed, with its own separate fee
Verify current amounts on the USCIS and Department of State websites before paying.
Processing times
The I-130 stage at USCIS commonly runs from several months to well over a year. The National Visa Center stage is quick when documents are correct first time. Interview availability in San Salvador is the final variable.
Plan for twelve to twenty four months in a straightforward case, and considerably longer where a waiver is involved.
After approval: what comes next
Your passport is returned with the visa and a sealed packet that must not be opened. Travel before the visa expires, normally within six months of the medical examination.
Pay the $235 USCIS Immigrant Fee online before you fly so that your green card is produced. You can work immediately on arrival and can apply for a Social Security number.
If you hold a CR-1, you and your spouse jointly file Form I-751 in the ninety days before the two year card expires.
FAQs
My spouse has TPS. Can they sponsor me?
No. Temporary Protected Status is not permanent residence or citizenship, so it does not support a spouse petition. Some TPS holders have a separate route to residence, which is worth taking advice on.
I lived in the United States without status for years. Should I still apply?
Yes, but not without advice. File the I-601A provisional waiver before you leave for the interview, because departing first is what triggers the bar.
We were married by a notary. Is that valid?
Yes, provided the marriage was registered with the Registro del Estado Familiar. The registered record is the document the consulate needs.
Which police certificate do I need?
Both the police record from the Policía Nacional Civil and the judicial record of antecedentes penales. Time them so they are still valid on the interview date.
My spouse does not earn enough. What can we do?
Use a joint sponsor who is a US citizen or permanent resident living in the United States, or rely on qualifying assets.
Can my children come with me?
Not automatically. Your spouse files a separate I-130 for each child, and the stepchild relationship must have been created before the child turned 18.