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ResourcesVisa & Immigration LawUS Immigration LawK-3, CR-1, and IR-1 Visa Processing:What Will USCIS Cuts Do?

K-3, CR-1, and IR-1 Visa Processing:What Will USCIS Cuts Do?

Transcript of the above video: 

As the title of this video suggests, we are discussing Marriage Visas to the United States. For those who are unaware, there are CR-1 and IR-1 Marriage Visas. Those are Immigrant Spouse Visas which allow the spouse of a United States citizen to travel to the United States in order to instantly take up Lawful Permanent Residence upon admission. Now as we have discussed in other videos, there is a difference between the CR-1 and the IR-1; obviously they are different categories. What is that difference? The CR-1 is a conditional resident visa whereas the IR-1 is an unconditional resident Visa, meaning those who are married less than two years at the time of entry in Immigrant Spouse status i.e. CR-1 Visa, they will need to do what's called a lift of conditions 90 days prior to the 2-year anniversary of their admission into the United States in Immigrant Spouse Visa status. IR-1 Visa holders do not have to do that. 

Meanwhile you have the K-3 visa which is a Spouse Visa, but it is a Non-Immigrant Visa much like its K-1 Fiancé Visa counterpart. The K-3 Visa was invented under the Life Act during the Clinton Administration at a time when it took years to process Immigrant Spouse Visas and it was taking a matter of weeks or months to process Fiancé Visas, so they said, 'you know what, we're going to create a new category; we will put it in the K category, the same queue as the Fiancé Visas; we will create a supplemental petition on top of the Immigrant Spouse Visa petition, we will call it the K-3 and we will let American citizens apply for that in the event that their underlying Immigrant Spouse Visa is taking too long.' 

So there are three types of marriage visas effectively for American citizens and there are two types of visas depending on the duration of a marriage that may be associated with marriage to a lawful permanent resident. 

Now that being said, and the thing to take away from this video is a recent announcement from USCIS, specifically I found this out from The Hill, thehill.com, the article is titled: Trump Administration ousts over 400 DHS employees in ongoing workforce purge. Quoting directly: "A minimum of 50 employees were cut at the U.S. Citizenship and Immigration Services, while the DHS Science and Technology Directorate saw a 10-person reduction, the source added." So again, and I urge those who are watching this video go check out The Hill, you can check out that article for yourself, you can read all that if you want to. 

Okay look the reduction in staff of 50 from USCIS, it's hard to say where that came from, so I can't say for certain it will directly impact processing of these visas. That said, from the last Trump Administration, look they didn't make it easy especially the last two years on US Immigration cases. Now that being said, I do think - and this might be naïve of me - but I do think Trump has learned a few things in the roughly four or five years since that time and I am hoping he sees that maybe deprioritizing the spouses of US citizens and lawful permanent residents who are trying to go through the process legally is probably a good idea, especially in light of the fact that resources could be better expended elsewhere going after illegal immigration like at the border. But that said, remains to be seen if that ends up being policy. 

Long story short, look a 50-person cut from any organization could have an impact. Whether or not it will directly impact the Marriage Visa Process remains to be seen as we do not know exactly where this personnel was cut from. That being stated, we will certainly keep you updated on this channel as the situation evolves.