US Spouse Visa (IR1, CR1, K3)

Help from our experienced immigration specialists in obtaining US citizenship through marriage will make the process realistic and as safe as possible for you and your partner. Figuring out the nuances of which visa suits you is not always possible on your own, because the legal procedure is based on a set of rules and laws. To avoid critical mistakes, you can contact our company, which has been providing services at all stages of the immigration process for more than 10 years.

Obtaining United States citizenship through marriage to an American citizen is a legal way to obtain official status in America. There are two types of marriage – marriage to a US citizen and marriage to a US permanent resident. When marrying a US citizen, there is no queue for you to obtain a visa or Green Card. There is only the technical side of processing the documents to obtain them. When marrying a US permanent resident, you should remember that you will be placed in a queue to receive the official entry document.

Spouse Visa

This visa category applies to those who have legally registered a marriage with an American citizen or a Green Card holder. First, the partner in the U.S. must complete the I-129F petition form and send it to the U.S. Citizenship and Immigration Services. After its approval, the National Visa Center (NVC) forwards the petition to the U.S. Embassy in your country. At the final stage, the applicant will be sent a letter indicating the interview date. To obtain a positive result rather than a visa refusal, it is important to prepare the document package for the embassy interview.

Types of Visas

Immigrant visas for spouses of U.S. citizens are IR1 and CR1 visas.

The IR1 visa is issued if the marriage to a U.S. citizen has lasted more than two years.

Receiving an IR1 visa entitles its holder to enter the United States as a permanent resident. But most importantly, remember that while the petition is being processed you actually do not have the right to enter the U.S. and cannot obtain another type of visa to enter America. On average, this process takes from 6 to 12 months.

The CR1 visa is issued if the marriage has existed for less than two years.

Entry into the country under this category entitles the spouse to obtain conditional permanent resident status in the United States. Upon receiving conditional status, foreign nationals generally have the same rights as a U.S. permanent resident. Conditional permanent resident status is granted for two years, and if there is an official divorce from the U.S. citizen during this period, the foreign national is obliged to leave the United States. The legal norms concerning the conditional status of CR1 visa holders are clearly defined in Section 216 of the Immigration and Nationality Act.

An immigrant visa allows each spouse to enter the United States as a full-fledged permanent resident, with the same rights as U.S. citizens, except the right to vote.

Obtaining an immigrant visa does not mean that the foreign national has acquired permanent resident status in the U.S. It gives its holder the opportunity to obtain permanent resident status.

The nonimmigrant K3 visa allows the spouse and their children to reunite with the family at the time when their petition for an immigrant visa is in the technical processing stage. Since the visa is nonimmigrant, after receiving it and arriving in the U.S., you will need to apply for a change of status to permanent. The K3 visa holder has the right to stay in the U.S. for two years, obtain the right to work, and travel outside the U.S. The processing time for a petition for this type of visa is 2-12 months.

Minor children receive a K4 or IR2/CR2 visa, depending on the visa the parent receives, if they are under 21 years old and unmarried, and if they were included in the petition.

After the petition is approved, the applicant who wishes to obtain a K3 visa must meet a number of requirements to qualify for this category and undergo an interview at the U.S. embassy in their country. The purpose of the interview is to confirm the legitimacy of the marriage and refute any claims of it being fraudulent.

Requirements for obtaining CR1 and IR1.

• Be a U.S. citizen or permanent resident.
• Be legally married to your spouse.
• Meet the minimum income requirement. The minimum level varies depending on the state.

Key steps

1. Filing Form I-130,
2. Petition review,
3. Documents and medical examination,
4. Interview,
5. Obtaining the visa,
6. Obtaining a Green Card or citizenship.