When deciding, which visa is faster – IR-1 spousal visa or K-1 fiancée visa, you should know the major difference between them:
- IR-1 Spousal Visa: It refers to a visa for people already married to a U.S. citizen or a permanent resident. It usually takes about 10-14 months from the time you file Form I-130 to the time of your interview at the embassy. To get the spouse in the U.S. on permanent resident status, this route is usually followed.
- K-1 Fiancé Visa: The K-1 visa is designated for fiancees of US citizens. The processing time of this petition is usually completed within 8 to 10 months. The special part about the K-1 visa is that you have to get married within 90 days of entering the U.S. Once married, the new spouse must file Adjustment of Status to become a permanent resident, which takes on a few extra steps.
While the K-1 visa has a shorter processing time, the IR-1 Spousal visa provides for immediate permanent residency for married couples.
Form I-130 instructions
It is essential to ensure that Form I-130 (Petition for Alien Relative) be filled in the correct manner to avoid any forms of delay. Here’s how to do it:
1. Complete the Form:
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- Complete all the fields to the best of your abilities, including all fields about yourself, the petitioner, and about the sponsored relative. This includes providing details such as date of birth, address and your relationship with the beneficiary. Spouses of permanent residents and US citizens must also sign Form I-130A, Supplemental Information for Spouse Beneficiary.
2. Gather Supporting Documents:
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- It includes your birth certificate /green card showing that you are a U.S. citizen or permanent resident and documents showing the relationship between you and the beneficiary (marriage certificate/birth certificate of the child). Proof of marriage must be provided as well.
3. Translate Documents:
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- If some of the supplied documents are in a language other than English, you have to provide certified translations.
4. Submit the Application:
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- Form I-130 can be filed for either online or on paper. Do not forget to send the correct fee for filing and all other necessary documents.
5. Track Your Application:
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- After filing, you get an acknowledgment receipt from USCIS. Upon receiving the receipt number, you can follow the status of your case through the USCIS website.
What immigration forms can be filed with concurrent applications?
If the spouse of a US citizen is located in the US, filing an IR-1 visa petition is not necessary. Instead, the foreign national spouse can file concurrently with Form I-130 the following immigration applications:
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