Before You Apply For a Spouse Visa — Read This

Immigration to USA has increased over the recent years. While family ties are one of the most frequent reasons behind the immigration of a large number of people, many visit in pursuit of higher studies, jobs, and for many other reasons. But immigration is one of the most difficult process to face, especially when US visa and immigration laws are quite complex and often different from the continental system.

In order to get a visa, one needs to check over here and first contact the embassy for opening an account. Then the next thing is to decide the type of visa that one wants. In US immigration, there are two types of visas applicable for spouses. These are –

• IR1 Visa or CR1 — Immigration Visa
• K3 — Non-Immigrant Visa

Let’s talk a little bit on what each of these visas signify and how does it help an immigrant.

The IR1 Visa

This is an immigrant visa type that can be issued to the spouse of a US citizen if their marriage exists more than two years. Availing the visa will give you a wide range of rights, especially right to free entry and exit from the US, right to work requiring no special permit, etc. That means you will get to arrive in the USA hassle free as a permanent resident of the US.

However, obtaining for this type of visa is different, especially of the period of consideration of the petition is around six to 12 months. You would not be able to obtain a visa of a different category or enter the US territory as well.

The CR1 Visa

This type of visa is an analogue of the IR1 visa that can be issued to the spouse of a US citizen if their marriage exists less than two years. While the terms and conditions applied is the same as that of IR1, the only difference is that incase if the marriage breaks, then the spouse will have to leave the country within two years of arrival and return to your homeland. There are certain exceptions to the rule.

The K-3 Visa

This type of visa is applicable for foreign wives or grooms of US citizens. This visa is not an immigration type and allows spouses to reunite with their spouses. They can obtain their immigrant status later.

There are some considerations that must however be taken into account when registering a K3 visa.

1. A visa K3 in the US is issued only in the country in which the marriage was made.
2. The validity of the K3 visa in the US is two years. During this time, the spouse is required to get immigration status. Since the K3 visa is a non-immigrant type, a person can have only temporary permit to enter the country and not a permanent one. The spouse will therefore need to change the status quickly. A K3 visa allows the spouse of a citizen of the USA to come to the US before the immigrant visa is issued.
3. Before entering the US to apply for a K3 visa, the spouse will be required to file a petition with the USCIS to change the status to PR status in the USA or apply for an immigrant visa to the US consulate in the country where the marriage was concluded. If less than two years have passed since you get marriage at the time of the approval of the petition for a change in status, the owner of K3 category visas will receive the status of a conditionally permanent resident of the US.

This means if the marriage gets dissolved before the expiration of the two-year period, the spouse visa holder will be required to leave the territory of the USA. There are however, a number of exceptions to this rule.

After two years from the moment he or she will receive the status of a conditionally permanent resident of the US. The spouse will also have the right to file a petition for the removal of the conditional status.

The owner of the K3 visa is entitled to work only after a special approval is issued by the Naturalization and Immigration Service. You can also travel outside US. Since the K3 visa is applicable for multiple categories, the spouse will not need to acquire any other special permit from the Naturalization and Immigration Service in case of departures from the country. Want to know more about what necessary documents you will need to carry for the interview? Then contact us to learn more.