K3 / CR-1 / IR-1 visas

[Badgerella 5]

Could someone please explain the difference between these three visas: K3, CR-1 and IR-1?

I've read anything and everything about them, yet I am still confused about the differences between them. When does which apply and what criteria do/should one use to go either route?

[payxibka 10,045]

Read the guides tab section as well as the FAQ

[minibadger 1]

Read the guides tab section as well as the FAQ

That doesn't help at all. It says the processes, sure, but I believe the question is more pertaining to something like, "Why would a person file one over the other? Which situations lean more toward one or the other?"

Edited November 3, 2008 by minibadger

[payxibka 10,045]

Read the guides tab section as well as the FAQ

That doesn't help at all. It says the processes, sure, but I believe the question is more pertaining to something like, "Why would a person file one over the other? Which situations lean more toward one or the other?"

There are distinct differences between the visa type... these differences are explained with a little bit of reading... It is a personal decision. This desision is based on what is important to an applicant (speed, ability to work immediately, cost, etc...) and based on that ONLY the petitioner/applicant can decide which one is best for them..

There are only two visas you must learn about is non-immigrantr (K-3) and immigrant (IR/CR1) as the difference between the IR & CR is length of marriage when visa issued and the length of validity of the first greencard

[msnoob 3]

Visas for Spouses

Getting your spouse a US visa

American citizens have two means of bringing their foreign husbands or wives to the US to live (if you are not yet married, please visit our section for fiancé(e) visas).

* You can "sponsor" your spouse's immigrant visa for entry to the United States. If you follow this process, your foreign spouse will complete the visa process completely outside the US, and then arrive in the US and obtain permanent residency status immediately. You will need to submit an immigrant Petition for Alien Relative, Form I-130. After USCIS, the National Visa Center and the US Embassy complete all the necessary administrative processing your spouse will be granted an immigrant visa. Your spouse will receive an IR1 or a CR1 visa.

(Note: An IR-1 (IR stands for "Immediate Relative") visa allows your spouse to immigrate to the U.S. A CR1 Visa (CR stands for "Conditional Residency") will be given to you if your marriage is less than 2 years old. It is conditional for two years.

* You can obtain a K-3 visa. The K3 visa is a non-immigrant visa for the US. K3 visas are granted normally within a few months. You should use the K3 visa to start the process outside of the US, then travel to the US to complete the immigration process. Please note that in this case, the application must be made in the country where the marriage took place. If your marriage took place in the US, your spouse must apply for a K3 visa through the US Embassy in the country of his/her residence. Furthermore, and somewhat confusing – the applicant needs to have form I-129F (called "petition for alien fiancé(e)) also filed on his/her behalf. Since K-3 is a relatively new visa category, USCIS continues to be using the Form I-129F and it is still called a "petition for alien fiancé (e)" rather than a "petition for alien spouse". After the visa has been issued, the spouse can travel to the US.

To obtain either visa, you must meet the following requirements:

* You must be legally married. Merely living together does not qualify a marriage for immigration Unmarried partners are ineligible to sponsor visas to the United Stated.

* In most cases you must have a residence in the US to apply. If you live outside the US, see the next section below.

* You must be 18 years old before you can sign the Affidavit of Support, which is a form that will be required later in the process.

[minibadger 1]

Okay, great. So basically, if I'm interpreting it right, K-3 are granted by the current processing timelines (something like 200 days currently at CSC?) and the CR-1 would take more like... an entire year or a year and a half? Is that correct?

[payxibka 10,045]

Okay, great. So basically, if I'm interpreting it right, K-3 are granted by the current processing timelines (something like 200 days currently at CSC?) and the CR-1 would take more like... an entire year or a year and a half? Is that correct?

Maybe.... sometimes the difference can be but a mere 60 days..... It is difficult to pin down exactly the time differences.... Since the two petition run parralel... Your final decision can be made at a later date...

[Ling Ling 22]

Okay, great. So basically, if I'm interpreting it right, K-3 are granted by the current processing timelines (something like 200 days currently at CSC?) and the CR-1 would take more like... an entire year or a year and a half? Is that correct?

Maybe.... sometimes the difference can be but a mere 60 days..... It is difficult to pin down exactly the time differences.... Since the two petition run parralel... Your final decision can be made at a later date...

Actually, the current processing time for a K-3 can vary from 30 days to a year or more. There is no standard processing time.

Likewise, a CR-1 petition can take from 30 days to easily a year or more. If you plan for a year, you might not stress as much.

If it happens sooner, then you're pleasantly surprised. Also, it's been quite common for CR-1 and K-3 petitions to be approved on the same day,

or within days of each other. From the point of petition approval, the K-3 path may be 30 to 60 days faster than a CR-1/IR-1, but ultimately

the CR-1/IR-1 is a less expensive visa, with more benefits right away, in that it is an Immigrant Visa, and the K-3 is a non-Immigrant Visa.

[naviomelo 0]

I'm trying to help a family member with this as well. They live in the U.S. for the winter and in Canada for the summer. Does the beneficiary have to return to their home country during the filing of both the IR-1 and K-3?

[payxibka 10,045]

I'm trying to help a family member with this as well. They live in the U.S. for the winter and in Canada for the summer. Does the beneficiary have to return to their home country during the filing of both the IR-1 and K-3?

No, if the beneficiary is granted entrance into the US they can stay for as long as they are authorized to do so.