For many families, the beginning of a new life in the US means they will go through a transition period when they will be apart. One of them will most often settle first by getting a job, for example. The family can then apply for a visa too, asking to be reunited.
If this is your situation too, you have two options for bringing your spouse and minor children (if any) to the United States: the K-3 visa or the CR-1 immigrant visa. There’s no way of saying that one is better than the other, as it greatly depends on your particular case. Let a spouse visa lawyer from Moore Law Firm know the details of your case and recommend the quickest, smoothest option!
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K-3 Spouse Visa
The K-3 visa used to be one of the most common ways in which families of immigrants we’re reunited in the US. It was obtained relatively fast, allowing the spouses and children to be together and lead a normal family life. The K-3 visa allows your foreign spouse to enter the US territory as a non-immigrant and wait for their permanent resident status while being with their family. Your spouse will have two years to become a lawful Green Card holder (permanent resident.)
The reason why the K-3 visa is not used as much today is that the processing time for the CR-1 or IR1 visas has become similar, allowing immigrants to get a Green Card immediately. Sometimes, if the processing time for your application turns out to be in favor, USCIS (the US Citizenship and Immigration Services) will change your application from a K-3 to CR-1 or IR1 for efficiency purposes.
We at Moore Law Firm focus on getting the shortest waiting times for the immigrants who choose to work with us. The quality of your application directly influences the waiting time, so having an experienced K-3 visa lawyer by your side throughout the application process will save you a lot of trouble.
CR-1 or IR-1 Spousal Visa
The advantage of a CR-1 or IR1 spousal visa is that your spouse will receive the Green Card right upon entry in the US. In the last decade, it has been used increasingly by reuniting families, as it offers foreign spouses the security of permanent residency immediately upon entry in the US. If your CR-1 visa is approved, you have six months to move in and get your Green Card.
So which one of the two should you choose?
The CR-1 visa refers to a “conditional resident” and it applies to couples who have been married for less than two years. If your marriage is older than that, you can apply for an IR1 visa, which stands for “immediate relative”.
Requirements for Getting a Marriage Visa
As mentioned before, there are many variables to take into account when evaluating a case for the lawful family reunion under US regulations. Here are some of the main requirements for getting a spousal visa in the US:
- The petitioner must be a permanent US resident or a US citizen;
- You must be legally married to your spouse;
- You must be 18 years old or more to sign the Affidavit of Support, a form that is required in the process;
- The spouse who already is a US resident or citizen must file a Pending Form I-130 (Petition for Alien Relative) prior to the application.
The unification process can be lengthy and tricky for many applicants. The fact that your family is temporarily separated by distance and procedures can add to the stress and anxiety. To ensure you are not making any mistakes during your application process, we strongly encourage you to get in touch with a spouse visa attorney from the Moore Law Firm and discuss the details of your case.
We Are One Phone Call Away
Our lawyers have years of experience in helping families get together. We will work hard to find the best solution for you and get you reunited with your spouse as soon as possible.
Are you interested in starting your application process for a spousal visa right away? Get in touch with an immigration attorney at the Moore Law Firm and take the first steps towards family unification!