Andy God
Jan 12, 2022
IR1/CR1/K1 visas
Please what is the difference in these types of visas, I’m filing for a spouse and our son- both living abroad, not in the US. I read somewhere it’s easier to file CR1 than K1 visa because K1 is slower and more expensive. what form should be filed for CR1 and what for K1. thanks.
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Deena Davis - van der MeerJan 12, 2022
K1 is for the unmarried couples. If you are already married, you would not use K1.
Mohamed AldawoodJan 12, 2022
You need to file IR-1 for your spouse, and IR-2 for your son (if he is under 21)
Andy GodJan 12, 2022
ok. but which one or what am I going file for my wife and son and what forms am I suppose to use. thanks
Mohamed AldawoodJan 12, 2022
I-130 form for both of them
Andy GodJan 12, 2022
thanks guys. I also read somewhere on the USCIS website that after filing I-130, another form I-129F could be filed as well. is that possible.
Mohamed AldawoodJan 12, 2022
you don’t need to file I-129F, the I-130 form is enough,, this is what we did
Car BJan 12, 2022
it's depends on your status. are you a citizen? read the uscis posts as to which application and if possible file everything concurrently (altogether).
Andy GodJan 12, 2022
Mohammed, read this. you’ll find it useful. I think this is a new legislation.
To obtain a K-3 visa for your spouse, you (the U.S. citizen) must first file two petitions with USCIS:
Form I-130, Petition for Alien Relative: Submit Form I-130 to the correct USCIS address. To find the correct address, go to the “Where to File” section on the Form I-130 page. You will then receive a Form I-797, Notice of Action, indicating that USCIS has received your Form I-130.
Form I-129F, Petition for Alien Fiancé(e): Submit Form I-129F to the correct USCIS address. To find the correct address, go to the “Where to File” section on the Form I-129F page. You may file Form I-129F together with or after filing Form I-130. If you file Form I-129F after filing Form I-130, include a copy of the Form I-797, Notice of Action, to show that USCIS received your Form I-130. There is no fee if you are filing a Form I-129F for a spouse to obtain a K-3 visa.
To obtain a K-4 visa for your spouse’s children, you do not need to file a separate Form I-129F or Form I-130. You must list your spouse’s children on the Form I-129F you filed for your spouse.
Please note, however, that you must file a separate Form I-130 for your spouse’s children before they may apply for a Green Card. In order for you to create an eligible step-parent/step-child relationship, the child must have been under 18 years of age when you and your spouse married.
If USCIS Approves Form I-130 First or at the Same Time as the Form I-129F
If USCIS approves your Form I-130 before or at the same time as your Form I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa. This occurs in the vast majority of cases. When your spouse’s approved Form I-130 reaches the Department of State, an immigrant visa is immediately available to him or her. Your spouse and his or her children then must apply for immigrant visas and seek admission to the United States as lawful permanent residents.
Because K-3 and K-4 nonimmigrant visas are no longer available to your spouse and his or her children at this point, the K-4 child will not be able to immigrate with your spouse unless the child has an approved Form I-130 at the Department of State at that time.
If USCIS Approves Form I-129F First
If your Form I-129F petition is approved before your Form I-130, USCIS will send your petition to the Department of State. To receive a K-3 or K-4 visa, your spouse must submit a nonimmigrant visa application with the Department of State. Your spouse does not need to submit Form I-864, Affidavit of Support when applying for the K-3 or K-4 visa but will need to provide evidence showing that he or she will not become a public charge while in the United States. For more information on the visa application process, please see the Department of State’s Nonimmigrant Visa for a Spouse (K-3) webpage.
