K-3 Visas: Homeland Security is no longer processing K-3 marriage visa petitions. They are now processing CR-1 and IR-1 visa petitions. The CR-1/IR-1 Visa allows a U.S. citizen to bring their foreign husband or wife to the U.S. to obtain a green card (adjust status to Lawful Permanent Resident status).
CR-1 and IR-1 Visas: A CR-1 visa will be issued by the consulate if at the time of the interview the couple has been married less than two years. The IR-1 visa will be issued if, at the time of the interview, the couple has been married longer than two years. Both the CR-1and IR-1 visas include the issuance of a permanent Green Card for your spouse soon after they arrive in the United States. The Green Card actually costs less than it did under the previous K-3 spousal visa, and less than the K-1 fiancée visa.
CR-1 and IR-1 marriage visas are for couples that can prove they are both of legal age to marry and free from any previous marriage. You must be a U.S. citizen in order to obtain a CR-1/IR-1 spousal visa for your husband or wife. CR-1/IR-1 visas cannot be obtained by a permanent resident. The foreign spouse and the U.S. citizen must be married at the time of filing. There must be no legal reason that the marriage is not legally valid; for example, one of the persons is still married to someone else, or the persons were too young when married. The foreign spouse must have no criminal, health, or other issues that would prevent them from getting U.S. immigration benefits.
Minor children of the foreign spouse may accompany them and are issued a visa.
Spousal visa holders and minor children are authorized to work after entry to the U.S. Employment authorization may be applied for prior to or at the same time as the green card application (adjustment of status).
We provide full service representation for filing in the U.S., processing at the consulate in the foreign country, and entering the U.S. We defend against actions and requests for evidence from the government and guide the case through the processing to ensure it is handled properly. Due to the federal nature of immigration law, we serve clients in all U.S. states and throughout the world. Contact us for more information or to start your case.