At the present time Homeland Security is not processing K3 spousal or marriage visa petitions. Instead they are processing CR1/IR1 petitions. A CR1 visa will be issued by the Consulate if, at the issuance date, the couple has been married less than two years. An IR1 visa will be issued if they have been married two years or more on the visa issuance date.
We realize that many immigration attorneys and “visa service” websites state that the K-3 spousal visa is an option, and if you call the USCIS or a Consulate they may tell you, “Oh yes, we are still issuing K-3 visas.” The fact of the matter is K-3′s have not been processed since February of 2010. If you will call us, we will be glad to explain why the K-3′s are no longer being processed.
The fact that other so-called marriage visa experts are still advertising K-3′s after these visas have not been an option for over 3 years should tell you something about the “expertise” of those “experts”.
The good news is that the CR1/IR1′s include the issuance of a Green Card for your spouse soon after he or she arrives in the U.S. Thus the visa and Green Card processes combined actually costs less than they did under the previous K3 spousal visa and also less than with a K1 fiancee visa.
Requirements of a CR1/IR1 Visa
The petitioner must be a U.S. citizen.
The petitioner must be legally married under the laws of the country in which the marriage took place.
The petitioner must prove that the marriage relationship is sincere.
The American citizen must meet the minimum income requirement or have a co-sponsor who meets it.
If the marriage was by proxy, it must have been consummated prior to the filing of the petition.