US K1 Visa K1 Visa Process – Fiancee Visa Process – USCIS Processing Times – Adjustment of Status

If you were legally married abroad, your marriage is also recognized as a legal marriage here in the USA. You can then file a spousal visa, also known as a “CR1” Visa, by filing form I-130. Spousal visas are a different process than what is known as the K-3 visa. By filing form I-130, your spouse will interview at the U.S. consulate most likely in the country where the marriage occurred. After your spouse arrives in the USA, a two year conditional green card will be mailed to your address of record, usually within 30 days. This two year conditional green card will need to be converted to a ten year, non conditional green card. You must file for the ten year card 90 days prior to the expiration of the two year green card.

In order to file for the CR1 spousal visa, you must file form I-130. I –130 is completed and signed by the U.S. Citizen. You must also fill out two G325A forms. One G325A form must be completed and signed by the U.S. Citizen, and the other must be completed and signed by the foreign spouse. A passport style photo of each person must be attached to each G325A form. If your foreign spouse has any children that will immigrate at the same time, and if the marriage occurred before the children’s 18th birthday, then a separate form I-130 must be filed for each child.

After you have completed all of your documents, you must send the entire application to the USCIS Service center in Chicago. After the application is approved by USCIS, the U.S. Citizen will be contacted by the National Visa Center. The National Visa Center will at first request the U.S. Citizen to send them a completed I-864 affidavit of support, with supporting financial documents.

The NVC will send your foreign spouse a Form DS-3032, Choice of Address and Agent form. This must be completed by the foreign spouse, then sent back directly to the National Visa Center in the USA.

After the NVC receives and processes all of the financial documents, the U.S. Citizen will be contacted once more by the NVC. This time, they will require you to send them the following civil documents:

- Form DS-230 completed and signed by the foreign spouse.

- An original copy of your marriage certificate.

- An original copy of the foreign spouse’s birth certificate.

- If the foreign spouse’s has been previously married, he, or she will need to include divorce documents, or in the case of death of a former spouse, a certificate of death.

- Police certificates. Your foreign spouse must obtain and submit police certificates from all countries where he, or she has lived for at least 6 months, since age 16.

- A copy of your foreign spouse’s passport title (photo) page.

- Two passport photos.

All documents listed above not in English will need to be translated. If the foreign spouse has any minor, non married children who are immigrating at the same time, the same documents for each child will need to be submitted as well. Police certificates are not required for children under age 16.

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