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Ask the Consul

What is the difference between a CR1/IR1 and K3? Which is better for my spouse and I?

Marriage-based petitions for spouses of United States Citizens fall under the immigrant visa categories of IR1 (for couples married for more than two years) and CR1 (for couples married for less than two years). 

Once an I-130 petition for a spouse is approved, some US Citizen petitioners file a second petition (Form I-129F), so that their spouse may be considered in an additional visa category, K-3.  A K-3 visa is a nonimmigrant visa which allows your spouse to travel to United States and apply through USCIS to become a Lawful Permanent Resident (LPR). 

In the past, petitioners often applied for the K-3 visa class because these cases were processed more quickly.  We are pleased to announce, however, that the Immigrant Visa Unit is scheduling IR1 and CR1 appointments as soon as all documents for these cases are received at the National Visa Center.  As a result, there is little or no difference between the time it takes to receive an IR1/CR1 appointment and a K-3 appointment.  If your spouse travels to the US with a K-3 visa, he or she will still need to apply for LPR status in the United States. If your spouse travels with an IR1/CR1 visa, on the other hand, he or she will become an LPR upon admittance to the US.  By filing just the I-130 for the CR1/IR1 you save the filing fee for the K3 I-129F.  In addition, you avoid the time, paperwork and fees associated with adjusting status in the US from K3 to LPR.

Please keep in mind that U.S. citizens filing an IR1/CR1 petition for a spouse must file separate I-130 petitions for any children immigrating to the US.