The CR-1/IR-1 Marriage Visa (formerly the K-3 Visa)
Homeland Security is no longer processing K-3 spousal or marriage visa petitions. They are now processing CR-1 and IR-1 visa petitions. The CR-1/IR-1 Visa allows a U.S. citizen to bring their foreign husband or wife to the U.S. to obtain a green card (adjust status to Lawful Permanent Resident status).
A CR-1 visa will be issued by the consulate if at the time of the interview the couple has been married less than two years. The IR-1 visa will be issued if, at the time of the interview, the couple has been married longer than two years.
The CR-1, IR-1 visas include the issuance of the permanent Green Card for your spouse soon after they arrive in the United States. The Green Card actually costs less than it did under the previous K-3 spousal visa, and less than the K-1 fiancee visa.
The CR-1/IR-1 marriage visas are for couples that can prove they are both of legal age to marry and free from any previous marriage. You must be a U.S. citizen in order to obtain a CR-1/IR-1 spousal visa for your husband or wife. CR-1/IR-1 visas cannot be obtained by a permanent resident.
You must be able to prove fully that your marriage is legitimate. The USCIS and the U.S. State Department believe that many marriages are fraudulent. The government scrutinizes each international visa application and will reject filings for any reason, including minor errors in the application. If there are mistakes or omissions in your marriage visa petition they can cause a delay in the visa’s approval.
Children:
If the marriage took place prior to the child’s 18th birthday and the child’s visa application is filed prior to the child’s 21st birthday the child is eligible for a CR2/IR2 dependent visa.
Requirements for the CR-1/IR-1 Marriage Visa (formerly the K-3 visa):
• Petitioner must be a U.S. citizen
• Petitioner must be legally married under the laws of the country where the marriage took place
• Petitioner must prove the marriage relationship is valid and sincere
• U.S. Citizens must be able to meet the financial requirements
• If the marriage was by proxy, it must have been consummated prior to the filing of the marriage visa.
Proxy Marriage
Proxy marriages, sometimes called “online marriages”, are legally binding marriage ceremonies for couples who need to secure the legal benefits of marriage but who cannot be together at the time of the wedding. After the wedding they can file for a CR-1 visa. Men and woman in the military who are overseas sometimes get married this way in order to extend military benefits to their fiancée to ensure that once they are married their spouse is taken care of. If you and your fiancée are considering a marriage by proxy find out which states in the U.S. are legally able to perform this type of marriage. Once obtained, your marriage certificate will be honored in all states.
There are two types of Proxy marriages: A Single proxy marriage ceremony is one in which one member of the couple attends while a proxy stands in for the absent person. Double proxy marriages can only be performed in Montana where there are no residency requirements, Montana law demands that one member of the couple must be active in the military. In the double proxy marriage two designated proxies attend the ceremony to stand in for the bride and groom and the official marriage certificates are mailed to the married couple.