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ResourcesVisa & Immigration LawUS Immigration LawCR-1, IR-1, K-3, & K-1 Visas: Comparing Validity And Status On Arrival

CR-1, IR-1, K-3, & K-1 Visas: Comparing Validity And Status On Arrival

Transcript of the above video:

As the title of this video suggests, we are comparing and contrasting the K-1, K-3, CR-1 and IR-1 Visas. Generally speaking, these are the type of visas we assist a lot of folks with here in our office here in Bangkok, assisting primarily Americans either married to or planning to marry Thai nationals. Now when comparing these different categories, you need to understand, they kind of end up with slightly different outcomes. So here is what I am talking about. 

Let's start off with the CR-1 and the IR-1. Those are Marriage Visas and the difference between the two is folks that have been married longer than two years at the time of entry to the United States, can enter in IR-1 status. That means they enter the United States with basically unconditional Lawful Permanent Residence; they are basically a permanent resident from that point forward. CR-1 Visa holders, so folks that have been married less than two years at the time of entry to the United States, initial entry in Immigrant status, I should be clear on, those folks are going to go ahead and enter the country and they are going to be issued with conditional Lawful Permanent Residence meaning their Green Card is going to have a two year validity and you have to do what is called a lift of conditions to go ahead and keep that status going longer, to go ahead and get into regularized unconditional Lawful Permanent Residence. 

Now let's compare that status to the K-3 or the K-1. The K-1 Visa, you enter the United States and you get 90 days of lawful status, in non-immigrant status actually, but it has this immigrant component, it is called sort of a dual intent visa insofar as you can apply to adjust your status to Green Card status during the process of the adjustment, you are considered in lawful status until a final decision is reached. Presuming approval, you are then in Green Card status from that point forward, very similar to CR-1 status in that your residence is conditional.

Finally the K-3. Now the K-3 is kind of an odd duck. It was created under the Life Act under President Clinton when we were dealing with a much longer backlog although not much longer these days; the backlog in my opinion of Immigrant Spouse Visas is far too long. That said, back then the K-3 was kind of, it was an expedited visa to get spouses of Americans into the country because the K-1 was ironically moving much faster than the Immigrant Spouse Visas. Now the issue with a K-3, its validity will actually kind of depend. Initially it was created to have a 10-year validity, this Non-Immigrant status, but it later through regulation they have chopped back the amount of lawful status on arrival. Much like the K-1, it does require adjustment of status in the United States in order for a Green Card to be issued. 

So again these are all very different categories and they kind of have differing results depending on the underlying facts in the given case at the time of entry to the United States.