Seattle, WA asked in Immigration Law for Washington

Q: I'm a US citizen. My husband is Australian. We want him to move to the US as soon as possible. IR1, CR1, or K-3?

Which visa would get him living in the US quickest and easiest?

Related Topics:
1 Lawyer Answer
Stephen Baird
Stephen Baird
Answered
  • Immigration Law Lawyer
  • Fargo, ND

A: If you file for a spousal visa, you will be issued either an IR1 or CR1 visa depending on how long you and your husband have been married. This isn't a distinction you have to choose between, USCIS will take care of that automatically based on the information you submit.

At the moment, USCIS processing time estimates for either IR1/CR1 visas or a K3 visa are the same. You can apply for both at the same time and if you do there is no additional filing fee associated with the K3 request, but applying for both won't hurt you in any way. If the IR1/CR1 is issued before the K3 is finished processing, the K3 will simply be dropped.

Given that the estimated processing times for both are the same, and this estimate has lined up with reality lately, there's not a lot of benefit to applying for anything but the IR1/CR1.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.