Love knows no distance, and at some point along the romantic journey, a couple might find themselves living on opposite sides of the world. Fortunately, foreign-born spouses of US citizens and permanent residents can apply for a spouse visa so that they may reunite with their partners and begin to build a life together. These marriage-based visas are exclusive to married and engaged couples, and they often are evaluated more severely than other types of visa applications due to the unfortunate recurrence of immigration fraud.
It is important to understand all of the eligibility requirements regarding a spouse visa before applying. Future applicants should take the time to familiarize themselves with government resources such as the U.S. Department of State and the U.S. Citizenship and Immigration Services (USCIS) for official information and guidance throughout the visa process. Information about each of the different US visa options for married and engaged couples is listed below. Learning these eligibility requirements helps couples determine which spouse visa fits their unique situation and prepares them to take the appropriate steps toward a successful application.
IR-1 and CR-1
Both The IR-1 and CR-1 are immigrant visas for a spouse of a US citizen or permanent resident. The IR-1 visa applies to immediate relatives. It is reserved for couples who have been married for over two years and provides immediate permanent residency. The U.S. Department of State explains that if a couple has been married for less than two years, a CR-1 visa is issued. Unlike the immediate relative visa, The CR-1 visa grants conditional permanent resident status to a foreign spouse for two years. The couple is responsible for applying to have the conditions for permanent residency removed before the two-year deadline approaches.
K-3
The K-3 is a non-immigrant visa for a foreign spouse of a US citizen or permanent resident. It is an option for married couples who already have taken the first step in filing the Petition for Alien Relative (Form I-130). The K-3 visa allows a foreign national spouse to enter the US while the couple waits for their immigrant visa petition to be approved. However, the USCIS states that because it now takes less time to finalize all decisions regarding Form I-130, the present demand for a K-3 visa is uncommon.
K-1
The K-1 visa is a little different in that it is intended for couples who are not yet married. Often referred to as the fiancé visa, the K-1 is a non-immigrant visa that allows engaged couples to be wed on US soil. The USCIS clarifies that after a K-1 visa is issued, the couple has 90 days to get married. After 90 days, the visa is no longer valid and cannot be extended. Couples who marry within the 90-day window can apply to have the foreign spouse’s status adjusted to become a permanent resident of the United States.
Before beginning the application process, having a strong understanding of the eligibility requirements for a spouse visa is paramount and an experienced immigration lawyer can help you navigate this process. These regulations are enforced to ensure the legitimacy of a marriage and reduce fraud. Proper preparation of a visa application and careful attention to the steps that follow can increase a couple’s chances for approval and allow them to live together in the United States.
