At present Homeland Security is processing CR1/IR1 visa petitions instead of K3 visa. A CR1 visa is 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.
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
Thus the visa and Green Card processes combined actually are faster and cost less than they did under the previous K3 spousal visa. This visa is different from a K1 fiancee visa. An expert visa consultant alone can advise which visa is best suited to the petitioner. U.S.
REQUIREMENTS OF A CR1/IR1 VISA
- The petitioner must be a
- 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.
The CR1/IR1 visa petitions are filed at one of the two U.S. Citizenship and Immigration Services (USCIS) Centers that between them process all of the marriage visa petitions in the
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. Hence proper advice and guidance of an expert visa consultant is very essential. U.S.
Once the USCIS has approved a 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 of the foreign spouse. The Consulate will not interview until the NVC checks have been successfully completed.
When the approved petition and background checks have been received by the U.S. Consulate having jurisdiction over the city in which the foreign 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.
FACTORS AFFECTING THE CHANCES OF GETTING VISA
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 or Incorrect documents
- Documents completed incorrectly
- Inadequate English skills of foreign spouse
citizen not able to meet the requirements U.S.
- Large age difference between
citizen and the foreign spouse U.S.
An expert visa consultant having adequate experience and skills can help overcome such obstacles through his knowledge and expertise and can be of enormous help in preparing the spouse for an interview.
The timing of the CR1/IR1 spousal visa depends on the state in which the
citizen petitioner resides and the country in which the foreign spouse legally resides. U.S.
Once the foreign spouse receives the CR1/IR1 marriage visa, he or she has a maximum of six months to use it to enter the