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Marriage and Fiancé/e Visas


Immigration options are available for the spouse of a U.S. Citizen

Marriage Visas

CR-1 Visas:

The CR-1 visa is issued to a foreign spouse who has been married to a U.S. citizen for less than 2 years. The “CR” stands for “Conditional Resident.” This means that your spouse will enter the United States with conditional permanent resident status. They will have a Green Card granting them the right to work in the U.S. and to remain indefinitely. However, the permanent resident status is conditional and the condition for remaining is that the marriage lasts for 2 years and the U.S. citizen files for a lift of conditionality within 90 days of the 2 year anniversary of the foreign spouse’s entry into the United States.The cost is actually less expensive than the previous K-3 spousal visa, and is also less than the K-1 fiancée visa.

IR-1 Visas:

The IR-1 visa is issued to a foreign spouse who has been married to a U.S. citizen for greater than 2 years. The “IR” stands for “Immediate Relative.” An IR-1 visa holder is automatically considered a permanent resident with no conditions and therefore does not have to file for removal of conditions. Under an IR-1 visa, the Green Card is issued in 10-year increments.

The Demise of the K-3 Visa:

The already somewhat cumbersome K-3 visa process has been further complicated by recent administrative changes. We no longer recommend K-3 Visas for most of our clients.

Consultation

If you are serious about getting legal assistance a consultation is the best place to start. Spend up to a full hour with an immigration attorney to discuss the details of your case, get answers to your questions, work through complex issues and supporting documents and plan an immigration strategy for obtaining benefits.

Schedule a Consultation
Immigration options are available for the fiancé/e of a U.S. Citizen

K-1 Fiancé/e Visas:

If you’re an American trying to bring your foreign significant other to the United States with a family-based visa, you have two options: the K-1 visa (fiancé/e visa) or the IR-1 / CR-1 visa (spouse visa). Both visas have the same end result: You’ll be married to your significant other and they will be living in the United States as a lawful permanent resident (with a Green Card). The visas take drastically different routes to get to that point, though.

The K-1 visa is faster than the IR-1 / CR-1 visas. Processing times are always changing, but the K-1 visa is, consistently, a few months faster than the IR-1 / CR-1 visa. You and your fiancé have a 90-day period once they enter the United States before you must get married. You can (and must) get married in the United States. If your fiancé has never visited the United States, this period might make them feel better about moving there. They would be able to adjust to the United States before getting married and adjusting status (applying for a Green Card). Keep in mind, though, that the K-1 visa is only for people who are serious about getting married.

The K-1 visa is more expensive than the IR-1 / CR-1 visa. It costs more than $1,800 USD just in filing fees paid to U.S. governmental bodies. This figure includes the initial filing fee of $340, the interview cost of $350, medical costs of $100+, and the adjustment of status filing cost of $1,010. If you and your fiancé do not get married and file for adjustment of status before the 90-day period is up, your fiancé will have to leave the U.S. Your fiancé will not be able to work in the United States until you get married and file for an Employment Authorization Document (EAD, permission to work). Your fiancé will most likely have to remain unemployed for months before receiving their Green Card or EAD.

The IR-1 / CR-1 visa is cheaper than the K-1. It costs $925 USD in filing fees. This includes the initial filing fee of $420 and fees paid to the National Visa Center of $88 and $404. With the IR-1 / CR-1 visa, your spouse will receive a Green Card on arrival. They will be able to starting working immediately. Unlike with the K-1 visa, there is no time period to continue getting to know your partner. The IR-1 / CR-1 visa begins with the marriage. The IR-1 / CR-1 process also takes longer than the K1 process.

CR-1 and IR-1 marriage visas are for couples that can prove they are both of legal age to marry and free from any previous marriage. You must be a U.S. citizen in order to obtain a CR-1/IR-1 spousal visa for your husband or wife. CR-1/IR-1 visas cannot be obtained by a permanent resident. The foreign spouse and the U.S. citizen must be married at the time of filing. There must be no legal reason that the marriage is not legally valid; for example, one of the persons is still married to someone else, or the persons were too young when married. The foreign spouse must have no criminal, health, or other issues that would prevent them from getting U.S. immigration benefits.

Consultation

If you are serious about getting legal assistance a consultation is the best place to start. Spend up to a full hour with an immigration attorney to discuss the details of your case, get answers to your questions, work through complex issues and supporting documents and plan an immigration strategy for obtaining benefits.

Schedule a Consultation

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    • Phone: (206) 262-0561
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    • Address:
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      Vancouver BC V6C 1A5
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