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Family USA Visa

Having a spouse working and living overseas can, at times, make it difficult for spouses to live together.

Also, if you and your spouse are from different nationalities, moving to your spouse’s native country can involve lengthy legal process and visa application.

However, the United States believes in keeping families together and offers a different family visa, which allows spouses and families to unite and live together. Some of these visas include

  • K1 Visa (Fiance Visa)
  • CR-1 Visa or IR-1 Visa
  • K3 Visa (Spouse of an American Citizen)
  • IR-1 Visa (Immediate Relative)

K1 Visa (Fiance Visa)?

A K-1 Visa is used to the fiance of a person who is an American citizen. This visa allows a foreign citizen to enter the United States to get married.

A K-1 visa holder is required to marry their U.S. citizen petitioner within ninety days of their entry or departure from the United States.

Eligibility and Requirements to apply for a K-1Visa?

You will need to fulfil the following criteria for being eligible for applying of a K-1 Visa

  • The sponsoring partner needs to be a legal citizen of the United States of America. Green card holders cannot sponsor their fiance for a K-1 Visa.
  • Both partners need to be in a position to get legally married. In case married earlier, both partners need to provide proof of termination of the
  • K-1 Visa can be offered to same-sex couples irrespective of the legal provisions on same-sex marriage in the applicants native country.
  • The couple needs to provide evidence that they have met each other at least once in the last two years. You might be required to submit your travel and hotel itineraries, photographs, written statements of people who are aware of the engagement, etc.
  • Each partner needs to submit a signed affidavit stating that they intend to marry within 90-days of the sponsored applicant’s arrival in the United States. You might be required to provide a concrete wedding plan, proof of deposits paid, wedding invitations, etc.
  • The US-citizen sponsoring their fiance also need to submit their income documents such as tax returns and meet the income guidelines to be eligible to sponsor their fiance.

How to Apply for a K-1 Visa

The application process to obtain a K-1 visa can be segregated into three simple steps.

1. Fill and Submit the Form I-129

The US-citizen wishing to sponsor their fiance need to fill and submit the I-129 Form (Petition for Alien Fiance) to the USCIS (U.S. Citizenship and Immigration Services).

You will also need to submit the following documents during this stage

  • Proof of U.S. Citizenship (A copy of a birth certificate, passport, or certificate of naturalisation)
  • Copy of the fiance’s valid passport
  • Proof of Relationship (photographs, communication and correspondence between the couple, sworn affidavit from family and friends).
  • Sworn statements from both partners that they intend to get married within 90-days of arrival in the United States.
  • Photographs of both the applications.

This primary purpose of this step is to establish the validity of the relationship and to ensure that the sponsored fiance is not attempting to gain entry in the United States without having intentions of marrying their sponsor.

You will require to pay fees of $ 535 for this process. Generally, this process can take between 6-9 months, depending upon the documentation submitted and the nature of your application.

2. Fill and Submit the Form DS-160 and Interview

The USCIS transfers your application to the U.S. Department of State. Once your Form I-129 is approved, the sponsored fiance will receive a notice from the American Embassy or Consulate in their home country.

This notice contains the date and location of their interview along with the list of documents they need to carry for their interview.

This is followed by filling and completed an online DS-160 Form. You will be required to print and save the confirmation page of your submitted application.

The following documents will be required to be submitted to the U.S. State Department

Documents need to be submitted by the US Fiance

  • Form I-134
  • Proof of relationship
  • Recent Tax return

Documents need to be submitted by the Sponsored Fiance

  • Passport-sized photograph.
  • Proof of identity
  • Birth certificate
  • Passport copy
  • Police clearance certificate from all countries wherein they have resided for over six months.
  • Seal envelope containing medical examination results

The visa fee of $ 265 needs to be paid before your interview. Your interview will be conducted in a U.S. Embassy or Consulateor a consulate nearest to your location.

You will be asked questions about your personal details and your relationship with your fiance. This visa interview is held to determine whether you are genuinely planning to marry your fiance and not indulging in visa fraud.

In most cases, the interviewing officer will make their decisions on the same day, and in case they need some additional information or documentation, you will be required to provide the same promptly.

3. Arrive in the US and get Married

Once your K-1 visa is approved, you or your fiance have 4 months to travel to the United States.

Upon arrival, you need to get married within 90 days, or you will lose your K-1 status. Once you are married, the K-1 visa holder can apply for a marriage-based green card

What is CR-1 and IR-1 Visa?

A CR-1 Visa is a form of spouse visa issued to a foreign citizen who wishes to enter and live with her spouse who is a citizen or holding a validpermanent residency of the United States.

It is issued to people who have married their spouse less than 2-years ago and hence is also referred to as ‘conditional resident’.

An IR-1 Visa is a form of partner visa issued to a foreign citizen who wishes to enter and live with her spouse, who is a citizen or a lawful permanent resident of the United States.

Unlike the CR-1 visa, the IR-1 Visa is granted without any conditions and are issued when you have been married for a period of over 2-years.

Eligibility and Requirements to apply for a CR-1 and IR-1 Visa?

To apply for a CR-1 or an IR-1 spouse visa, you need to fulfil the following eligibility criteria and provided the required documents along with your application or petition for alien fiance.

  • You need to be a valid citizen or lawful permanent resident of the United States to sponsor your spouse. You will need to provide a copy of a birth certificate, passport, green card or certificate of naturalisation.
  • You need to be legally married to your spouse. You will need to provide a marriage certificate as proof of relation.
  • You will also need to meet the minimum income requirements to sponsor your spouse, you need to submit your latest tax returns along with your application form.

Documents required to CR-1 and IR-1 Visa?

Both the US-citizen/resident sponsoring their spouse and the alien spouse need submit the following documents along with their CR-1 or IR-1 visa application form.

The US-citizen or permanent resident sponsoring their Spouse

  • Proof of U.S. Citizenship (A copy of the birth certificate, passport, or certificate of naturalisation)
  • Copy of the spouse’s passport
  • Proof of Relationship – Marriage Certificate
  • Proof of identity
  • Birth certificate
  • Passport copy
  • Police clearance certificate from all countries wherein they have resided for over six months since the age of 16 years.
  • Seal envelop containing medical examination results

How to Apply for a CR-1 and IR-1 Visa?

Your spouse visa application can take several months. The timeline of your spouse visa application can depend on multiple factors which include your alien spouse’s native country, the nature of your case and documentation submitted by you.

However, before you are issued a CR-1 or an IR-Visa, you need to undergo the following steps to complete your application.

  1. USCIS Filing – The American citizen or person holding valid permanent residency wishing to sponsor their spouse need to file a petition with the USCIS by filling and submitting an I-130 Form along with all required documents mentioned earlier. An application fee of $535 needs to be paid.
  2. Notice of Action 1 – You will receive an acknowledgement of your application from the USCIS within 30 days of receipt.
  3. Notice of Action 2 – Between 6 to 9 months, you will receive a mail from USCIS about the approval or denial of your application.
  4. The Nation Visa Centre (NVC) Phase –You will receive an email from the NVC which contains details such as your NVC case number, invoices for fees and further instructions. You will need to pay the NVC fees and submitted requested documents.
  5. NVC to Embassy – Once your spouse’s security check is completed and comes clean, your visa petition will be sent to the US embassy in your spouse’s country.
  6. Embassy Letter - The embassy will issue an interview letter to your spouse, which will mention the date, location and list of documents which need to be carried to the interview.
  7. Medical Exam – You foreign citizen spouse needs to undergo and pass a comprehensive medical examination. The medical examination fees need to be paid in your local currency.
  8. Attending the Interview –Your alien relative will require to attend their interview along with theirvalid passport and list of documents specified in their interview letter. The interviewing officer will ask the alien spouse a series of questions to ascertain the genuineness of the marriage and to spot scams and frauds.
  9. Issuance of Visa – The sponsored spouse will be issued a visa on approval of their application. You will be required to pay an online immigrant fee of $ 220.
  10. Travel to the United States – The sponsored spouse will have six months from the issuance of their visa to travel and enter the United States. The sponsored spouse will be given a documents package at the embassy, which needs to be surrendered at the point of entry into the United States.
  11. Issuance of Green Card – You will be issued a green card within 2-4 weeks after your arrival in the United States. Now you will be allowed to work, exit and re-enter the United States as and when they desire.

Contact Kansas Overseas Careers

Kansas Overseas Careers is an ISO 9001-2008 immigration service company based in Hyderabad, with its operation centres spread all over India.

We are a team of immigration experts, devoted to investing our knowledge, experience, and dynamism into creating new opportunities for professionals planning for an overseas career.

We value professional approach, forward-thinking and take every step to aid our clients to achieve their immigration goals smoothly.

In case need help to understand the different spouse and family visa option or any other visa or immigration program which allows you to immigrate to the United States or require assistance with your immigration and application process, you can contact Kansas Overseas Careers and visit any one of our offices nearest to your location. Click here to know more about off office locations https://www.kansaz.in/contact-us.

You can also call our toll free number at 1800-102-0109, and our representative shall be happy to assist you.