Marriage Visas (K3) (CR1) (IR1)
At the present time Homeland Security is not processing K3 spousal visa petitions. Instead they are processing CR1/IR1 visa petitions. A CR1 visa will be issued by the Consulate if, at the issuance date, the couple has been married less than two years. An IR1 visa will be issued if they have been married two years or more on the visa issuance date.
I realize that many immigration attorneys and "visa service" websites state that the K-3 spousal visa is an option, and if you call the USCIS or a Consulate they may tell you, "Oh yes, we are still issuing K-3 visas." The fact of the matter is K-3 visas have not been issued since February of 2010. If you will call me, I will be glad to explain why the K-3 visas are no longer being issued.
The fact that other so-called marriage visa experts are still advertising K-3 visas after these visas have not been an option for over 1 ½ years should tell you something about the "expertise" of those "experts".
The good news is that the CR1/IR1 visas include the issuance of a Green Card for your spouse soon after he or she arrives in the U.S. Thus the visa and Green Card processes combined actually costs less than they did under the previous K3 spousal visa and also less than with a K1 fiancee visa.
Requirements of a CR1/IR1 Visa
- The petitioner must be a U.S. citizen.
- The petitioner must be legally married under the laws of the country in which the marriage took place.
- The petitioner must prove that the marriage relationship is sincere.
- The American citizen must meet the minimum income requirement or have a cosponsor who meets it.
- If the marriage was by proxy, it must have been consummated prior to the filing of the visa petition.
Visas for Unmarried Children of Foreign Spouses
As long as the marriage occurred prior to the child's 18th birthday and the child's visa application is filed prior to the child's 21st birthday, the child is eligible for a CR2/IR2 dependent visa.
Process
U.S. Citizenship and Immigration Services (USCIS)
The CR1/IR1 visa petitions are filed at one of the two USCIS Centers that between them process all of the marriage visa petitions in the U.S. The Center which will process your CR1/IR1 visa petition is determined by the state in which you reside. If there are any missing documents or incorrect paperwork, you will receive a Request for Evidence ("RFE"). Each RFE will delay the approval of your CR1/IR1 visa petition, and ultimately the approval and issuance of your CR1/IR1 visa, by 6-12 months.
National Visa Center (NVC)
When the USCIS has approved the CR1/IR1 visa petition, it is forwarded to the National Visa Center ("NVC") where original documents are reviewed, background checks are performed on both the petitioner and the beneficiary and an interview date is set. The NVC will forward the petition to the Consulate that will conduct the visa interview. The Consulate will not interview the foreign spouse until the NVC checks have been successfully completed.
U.S. EMBASSY (CONSULATE)
When the approved petition and background checks have been received by the U.S. Consulate having jurisdiction over the city in which the spouse is legally residing, the NVC will instruct the foreign spouse to undergo a medical exam at a clinic specified by the Consulate and to report for the visa interview on a specified date. If the foreign spouse passes the medical exam and the interview is successful, the CR1/IR1 spousal visa will normally be issued that day or the following day. There are many things that can delay or prevent the issuance of the CR1/IR1 visa. Listed in the order that they seem to occur:
- Failure to convince the Consular Officer that a bona fide relationship exists between the couple
- Missing documents
- Incorrect documents
- Documents completed incorrectly
- Inadequate English skills of foreign spouse
- U.S. citizen cannot meet the minimum income requirement
- Large age difference between U.S. citizen and the foreign spouse
All of the above can normally be avoided by hiring an immigration law firm with the experience that we have in handling these situations. Number 7 can be more of a problem with certain Consulates than with others, but the risk of a denial due to the age difference can certainly be reduced by adequate interview preparation for the spouse. Also, we will cover this potential problem in our initial conversation with you and advise you as to what we believe to be your chances of successfully obtaining a CR1/IR1 visa.
TIMING
The timing of the CR1/IR1 spousal visa depends on the state in which the U.S. citizen petitioner resides and the country in which the foreign spouse legally resides. If you will give us a call we will be glad to compute the current processing time for your CR1/IR1 spousal visa situation.
Once your spouse receives the CR1/IR1 marriage visa, he or she has a maximum of six months to use it to enter the U.S.