US Spouse Visa Options
US citizens who marry foreign nationals and want to bring their foreign spouse to the United States, may think of obtaining a K3 Visa first. But considering the limitations of a K3 visa, the US citizen may opt to apply for an IR-1 visa or the CR-1 visa. This article will give an overview of the three types of spousal visas, namely; the K3, CR-1 and the IR-1 visa.
THE K3 VISA
The K3 visa is a non-immigrant visa that gives the foreign-spouse the chance to enter the United States while waiting for the approval of the immigrant petition. The US citizen spouse must file an immigrant petition for the foreign-spouse. Meanwhile, the foreign-spouse must apply for a K3 visa in the country where the marriage occurred. If the foreign-spouse passes the consular interview, he/she will then be issued a K3 visa which can be used for multiple entries and is valid for 24 months. The K3 visa allows the foreign-spouse to enter the United States before being granted permanent resident status. Subsequently, the K3 visa holder must apply for adjustment of status to a Lawful Permanent Resident (LPR) with the Department of Homeland Security’s US Citizenship and Immigration Services.
THE CR-1 VISA
The CR-1 visa or the so-called “Conditional Resident” visa gives the foreign-spouse of the US citizen, the chance to become a conditional permanent resident upon entry to the United States. The conditions are set to ensure that the marriage is not fictitious or used to violate US immigration laws. Once granted a CR1 visa, the foreign-spouse of the US citizen can work upon arrival in the United States and live there for a period of 2 years. Since the foreign-spouse’s residence in the United State is conditional, both the US citizen and the foreign-spouse must apply together to remove the conditional status of the foreign-spouse’s permanent residence. The application must be made 90 days before the end of the foreign-spouse’s second year as a conditional resident. Failure to do so will subject the the foreign-spouse to removal or deportation.
The IR-1 or the Immediate Relative visa is available not only to the foreign-spouse of a US citizen but also to the parents and children of the US citizen. It is an immigrant visa which authorized the foreign-spouse to receive a green card which is valid for 10 years and work upon arriving in the United States. To be eligible for an IR-1 visa the marriage between the US citizen and the foreign-spouse must not be less than 2 years old, otherwise a CR1 visa will be issued instead. The seasoned professionals at Siam-Legal will make the application process for these visas as quick as possible.
Category: US Spouse Visa
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