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MARRIAGE/ SPOUSE VISA

In order to bring your spouse (husband or wife) to live in the United States as a Green Card holder (permanent resident), you must be either a U.S. citizen or Green Card holder. AVC will assist and guide you navigate the complex US Spousal visa process every step of the way!

Marriage/ Spouse Visas (CR1) (IR1) (K3)

At the present time Homeland Security is not processing K3 spousal visa petitions.  They are processing only 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.

Many immigration attorneys and Visa websites state that the K-3 spousal visa is an option, and if you check with the USCIS or a Consulate they may tell you that the K-3 remains a viable option, but the K-3 visa has not been processed since February of 2010. 

When your spouse arrives in the U.S., before she or he is released from the airport, Immigration will place a stamp in their passport that gives them the right to apply for a Social Security card immediately, work immediately and even take a trip outside of the U.S. immediately. Thus there are advantages to filing a CR1 or IR1. 

Requirements of a CR1/IR1 Visa

1.      The petitioner must be a U.S. citizen.

2.      The petitioner must be legally married under the laws of the country in which the marriage took place.

3.      The petitioner must prove that the marriage relationship is sincere.

4.      The American citizen must meet the minimum income requirement or have a cosponsor who meets it.

5.      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 child must receive the visa and enter the U.S. on it prior to his or her 21st birthday.

Process

U.S. Citizenship and Immigration Services (USCIS)

The CR1/IR1 visa petitions are filed at one of the five USCIS Service Centers. 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 and background checks are performed on both the petitioner and the beneficiary. 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 within two weeks.

 

TIMING

The timing of the CR1/IR1 spousal visa depends on the USCIS Service Center that processes the visa petition 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.

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AMERICAN VISA CONSULTANCY

 Houston, TX 77056 USA

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Legal Disclaimer
 

This Website is intended for information purposes only. American Visa Consultancy (AVC) does not provide legal services. AVC is not a law firm. The relationship between AVC Consultancy and its clients is not an attorney-client relationship. Advice and communications between AVC Consultancy employees, affiliated attorneys, or affiliated consultants and AVC Consultancy’s clients, will not be afforded the protection normally afforded to communications between attorneys and clients under the attorney-client privilege.

Use of the AVC Consultancy website does not create an attorney-client relationship between you and AVC Consultancy or between you and James Evans Attorney.  If you send an e-mail or message to James Evans Attorney, your e-mail or message will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential.