Spouse visa to the United States (IR1, CR1, K-3)

IR1/CR1 Visa for Spouseslegal assistancefrom 450 USD

Visa for the spouse of a U.S. citizen or Green Card holder, whose marriage has lasted more or less than two years.

• Visa Category – IR1
• Visa Category – CR1
• Visa Category – K-3

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  Additional fees apply

  • +160$ – consular fee, payable at the embassy rate
  • +50$ – additional legal consultation
  • +950$ – filing of I-130 petition with USCIS in the USA

  We begin our work by reviewing the case, consulting, and developing a strategy.

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Yulia Golinevich

Immigration Attorney

Even a legally recognized marriage to a U.S. citizen does not grant you the right to enter the country without the appropriate documents. To visit, you need to apply for a U.S. spouse visa in advance by contacting the embassy. But first, you need to determine its type. For spouses, there are several types – immigrant and non-immigrant. You can gather all the documents and prepare for the interview on your own or trust the experienced specialists of our company. In any case, the process should begin six months before the planned departure date to avoid unnecessary haste and to receive the desired stamp in your passport on time.

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Types of Spouse Visas in the USA

A U.S. spouse visa can be of the following types:

• immigrant visas IR1 or CR1;
• non-immigrant visa K-3.

The number of visas and green cards for spouses of U.S. citizens and their unmarried children under 21 is unlimited, unlike other categories of relatives and other immigration methods.

The IR1 visa is an immigrant entry permit that can be issued to the spouse of an American citizen if their marriage has lasted more than 2 years. This document allows relocation to the country as a permanent resident. You will be able to freely leave and return to the country at any time, as well as work and study without special permits. The main drawback is the processing time – from 6 to 12 months, during which you cannot apply for another type of visa.

The CR1 visa in the USA is issued to a spouse if the marriage has lasted less than 2 years. Upon receiving it, you become a conditional permanent resident of America. This means that if you divorce within 2 years, you will be required to leave the country and return to Ukraine. This rule has some exceptions: if the American spouse has died or the Ukrainian side has been subjected to domestic violence. This visa category, like the IR1, allows you to work and study without obtaining additional permits.

The K-3 spouse visa to America is issued to citizens who have married foreigners and wish to move to them. This is a temporary stay permit in the country, allowing you to be with your family in the United States while the immigrant visa is being processed. This type is similar to the K-1 fiancé visa but requires additional paperwork to be submitted to USCIS and is reviewed longer at the American embassy. Upon receiving the K-3, you will need to file a petition with USCIS to change your current status to that of a permanent resident of the United States or for an immigrant visa at the consulate. If the marriage lasts less than 2 years, you will become a conditional permanent resident and in the event of a divorce, you will be required to leave the country. The conditional status can be removed after 2 years of marriage. K-3 visa holders can work without additional documents and freely travel outside the country.

If you have children under 21 who are unmarried, they are automatically issued K-4 or IR2/CR2 visas. You only need to mention them in the petition. It should be noted that if you are not the sole guardian, permission for the child’s immigration from the other parent will be required. This rule applies to individuals under 18 years of age.

Stages of Obtaining a Spouse Visa in the USA

The process of obtaining a spouse visa is quite lengthy and requires significant effort. The process consists of the following stages:

1. Gathering documents and filing a petition by the American spouse with the U.S. Citizenship and Immigration Services (USCIS);
2. Once the Citizenship and Immigration Services approves the petition, it is sent to the National Visa Center (NVC) for further processing. The National Visa Center forwards the documents to the Consular Section of the U.S. Embassy, which, upon receiving the approved petition, sends the applicant a letter with instructions for preparing for the interview;

For more details, visit: www.ustraveldocs.com/ua_ru/ua-iv-typek.asp

1. Payment of the consular fee for the entry permit.
2. Filling out a special online form.
3. Preparation of a specific list of certificates and documents. Undergoing a medical examination.
4. Scheduling and successfully passing the interview at the American embassy.

It is important to prepare for each of these steps in advance, as the final result depends on it. You can try to handle the process on your own, but if you lack experience in such matters, we recommend immediately contacting professionals. It should be noted that a refusal can permanently damage your visa history and create unnecessary difficulties in the future.

Documents for a Spouse Visa in the USA

To obtain a spouse visa to America, you need to prepare certain documents. First and foremost, you will need:

• proof of payment of the consular fee;
• a valid passport with a sufficient number (1-2) of blank pages;
• a completed visa application form (only a printed form with a ten-digit barcode confirming the submission of the application for review is required);
• confirmation of the interview appointment;
• documents confirming the marriage;
• photographs taken in accordance with the requirements of the American embassy.

Additionally, it is advisable to prepare supplementary materials:

• internal passport;
• tax identification number certificate;
• income statement;
• proof of necessary financial resources (statements from an active bank account) personal and spouse’s;
• forms I-134, I-864, 1040, W-2 – proof of financial status at 125% of the federal poverty level, providing material support, established in the region of residence;
• property ownership information;
• certificate of medical examination and results from an accredited clinic (in Ukraine, there are only two, located in Kyiv);
• police clearance certificate. All applicants who have previously been detained, arrested, or had convictions (even if the conviction was overturned) must provide appropriate documents;
• documents proving the authenticity of the marriage: anything that reliably and clearly demonstrates that you maintain a relationship;
• birth certificates of children;
• certificates of dissolution of all previous marriages;
• military ID. Required for men and women subject to military service, applying for a fiancé/fiancée visa.

Documents from the second list should be presented only upon request by the visa officer. Having them will boost your confidence during the embassy interview and increase your chances of obtaining the visa.

For more details, visit:

Watch Video Instructions for Obtaining a U.S. Visa

Examples of U.S. Visas Obtained through the VizaUS Immigration Center

Processing Times and Costs for Spouse Visas in the USA

The processing time for a K-3 visa in the USA ranges from 2 to 3 months. The document preparation process takes from 2 to 7 days, and the remaining time is needed for the American embassy to review your application and make a decision. The immigrant category IR1/CR1 spouse visa takes significantly longer to open – from 6 months to a year. Occasionally, an administrative review may be scheduled, which can further delay the process. In special cases, documents can be processed more urgently. You just need to provide compelling arguments at the visa center. Our competent specialists can assist with this.

Overall, the cost of an entry permit varies depending on the complexity of your case and the level of support needed. Obtaining a spouse visa to the USA, with the assistance of our team, is quite straightforward. You only need to provide accurate personal information and follow all our instructions.

• travel.state.gov
• https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html