Spouse Visa Requirements
Reuniting Couples Since 2003
2023 Visa Types CR1, CR-1, IR1, IR-1, K3, K-3
U.S. Marriage Visa Requirements
What are the qualifications for a Marriage Visa?
Types of Marriage Visas are CR1, IR1, K3 Spouse
Marriage Visa Requirements
• Be a United States Citizen or Permanent Resident.
• Should be domicile on U.S. soil no less than six months.
• Prove that you are legally married to your spouse.
• Provide supporting documents that you meet the income requirements.
• Provide any supporting documents that you have a bonafide marriage.
Marriage Visa Requirements
Situations May Be Different For Each Couple:
Every case is different and once USCIS and NVC learn about the couple, they will put together a list of items in which you both will need to be able to give them.
It is highly recommended that you receive your free consultation to discuss things like how long you’ve been married and whether or not you have children together?
Some CR1/IR1/K3 cases will require more than others when it comes to supporting documents.
If you are a “Green Card holder” the process could last up to two years.
Marriage Visa Requirements
Items that a Couple should accumulate:
• Certified Original Marriage Certificate
• Passport for the foreign spouse
• Passport for foreign spouse children if applicable
• Wedding pictures
• US Citizens police and court records if any that fall under IMBRA
Proof of a bonafide marriage or co-mingling bills:
Below are helpful ways to prove that you’re marriage is for real, or not?
Not all Couples will have these but should try to have some of these mentioned below, especially Couples married more than two years applying for IR1 Immediate relative visa.
Marriage Visa Requirements
• Proof of living together under the same roof
• Rent a home or apartment receipts with both your names
• Electric bill showing both your names
• Television cable bill showing both your names
• Internet bill showing both your names
• Land purchased together or a home
• Health insurance
• Automobiles purchased
• Having children together is usually a big help
Marriage Visa Requirements
What does USCIS, NVC, and the U.S. Embassy
want to establish?
The US Government Agencies jobs defined:
• To know where husband and wife have lived for the past five years?
• To know all employment they have had for the past five years?
• To know if either one of them has had any particular criminal records especially under IMBRA?
• To know if either one of them has traveled to other Countries, worked, lived the purpose of such?
• How often are the Couple together?
• Do they share income together?
• Do they have children together?
• To learn about the Couple’s parents and where do they live?
• Has either one of them applied for other visa types?
• Are they able to meet the poverty guidelines and have supporting documents to prove it?
• Has either one of them been married before?
• If either one of them has children from other partners, or stepchildren, adopted children?
Marriage Visa Requirements
Every Case is definitely different:
Some cases may go faster than others and this is based on how much or how little a Couple has in correlation to the list mentioned above?
USCIS, the National Visa Center and the U.S. Embassy are all trying to look for any possible reason to prove that the marriage isn’t genuine and sincere?
The importance of providing as much as possible to some seem like an over-kill, but often times it is better to have to much evidence than not enough?
Marriage fraud happens on a daily bases, which is exactly why the US government is required to perform extreme vetting on all applicant sponsors and beneficiaries?
CR1, IR1, K3 Marriage based Couples undergo much scrutiny which is one reason for the very long waits?
It is not uncommon to wait for their applications to go through all of the US government agencies in a period of 15 to 18 months now.
Marriage Visa Requirements
Requirements by Visa Types
CR-1 Spouse Visa Requirements for American and Filipino Couples.
The CR-1 Spouse Visa is a visa category specifically designed for American citizens who wish to bring their Filipino spouses to live with them in the United States permanently.
This visa allows the Filipino spouse to obtain a green card, granting them permanent resident status.
To apply for a CR-1 Spouse Visa, couples need to meet certain requirements.
Here are the key requirements for American and Filipino couples:
1. Spousal Relationship:
The petitioner (U.S. citizen) and the beneficiary (Filipino spouse) must be legally married.
Common-law marriages or same-sex marriages may be eligible, provided they are legal in the state where the marriage took place or where the petitioner resides.
2. Proof of Genuine Marriage:
It is essential to demonstrate that the marriage is bona fide and not solely for immigration purposes.
Both partners should provide evidence of a genuine relationship, such as joint bank accounts, shared assets or properties, photos together, communication records, or affidavits from friends and family who can vouch for the authenticity of the marriage.
3. Residence:
The petitioner must demonstrate that they have a permanent residence in the United States.
If the petitioner is currently residing outside the United States, they must prove an intent to establish a domicile in the country before the beneficiary’s arrival.
4. Financial Responsibility:
The petitioner needs to prove their ability to financially support their spouse and prevent them from becoming a public charge.
This can be done by submitting a Form I-864 Affidavit of Support and supporting documents, showing that the petitioner’s income meets the required minimum threshold.
5. Medical Examination:
The Filipino spouse must undergo a medical examination by a U.S. embassy-approved physician in the Philippines.
This examination ensures that the beneficiary is not ineligible based on health-related grounds.
6. Good Moral Character:
Both partners must demonstrate good moral character.
This involves disclosing any criminal history or previous immigration violations, if applicable.
Any relevant documentation or records should be provided when applying for the visa.
7. Evidence of Legitimate Intent:
The couple should provide sufficient evidence that they intend to establish a life together in the United States.
This can include joint travel itineraries, plans for shared living arrangements, job prospects for the beneficiary, or any other evidence indicating their commitment to living together permanently.
It is important to note that visa requirements can change, so it is recommended to consult the official U.S. Citizenship and Immigration Services (USCIS) website.
Or seek the guidance of an immigration attorney for the most up-to-date information and assistance with the CR-1 Spouse Visa application process.
IR-1 Spouse Visa Requirements for American and Filipino Couples.
The IR-1 Spouse Visa is designed for American citizens who are married to foreign nationals, including Filipino citizens, and wish to bring their spouse to the United States to live with them permanently.
This visa category falls under the immediate relative visa classification, which means that there are no numerical limitations on the number of visas issued each year.
To apply for an IR-1 Spouse Visa, certain requirements must be met by the American and Filipino couple.
Here are the key requirements for an IR-1 Spouse Visa:
1. Valid Marriage:
The couple must provide evidence of a legally valid marriage.
This includes a marriage certificate from the Philippines or any other jurisdiction where the marriage took place.
2. Petitioner’s U.S. Citizenship:
The American citizen spouse, also known as the petitioner, must be a U.S. citizen.
Lawful permanent residents (green card holders) are not eligible to sponsor their spouses for an IR-1 visa.
3. Proof of Genuine Relationship:
The couple must demonstrate that their marriage is bona fide and not solely for the purpose of immigrating to the United States.
This can be proved by providing documents such as photographs together, joint bank account statements, correspondence, and affidavits from family and friends attesting to the authenticity of the marriage.
4. Financial Support:
The petitioner must show that they have the financial means to support their foreign spouse in the United States.
This involves meeting the income requirements set by the U.S. Citizenship and Immigration Services (USCIS).
If the petitioner does not meet the income requirement, they may need to find a joint sponsor who does meet the criteria.
5. Medical Examination:
The Filipino spouse must undergo a medical examination conducted by an authorized physician.
This examination includes a review of the applicant’s medical history, a physical examination, and certain vaccinations.
6. Background Checks:
Both the American citizen petitioner and the Filipino beneficiary must undergo background checks, which include fingerprinting and submitting the necessary forms.
7. Consular Processing:
The application for an IR-1 Spouse Visa is typically processed through a U.S. embassy or consulate in the Philippines.
The Filipino spouse will need to attend an interview at the embassy/consulate as part of the application process.
It is essential to note that the specific requirements and processing times may vary, and it is advisable to consult with an immigration attorney or seek guidance from the USCIS website for the most up-to-date information.
Overall, the IR-1 Spouse Visa provides a means for American and Filipino couples to reunite in the United States and build their lives together.
By fulfilling the necessary requirements, eligible couples can navigate the immigration process and achieve their goal of living together in the United States.
K-3 Spouse Visa Requirements for American and Filipino Couples.
The K-3 spouse visa is a non-immigrant visa designed for American citizens who are married to foreign nationals, in this case, Filipino citizens.
It allows the foreign spouse to enter the United States and pursue permanent residency (green card) while the immigrant visa petition is being processed.
Here are the requirements for obtaining a K-3 spouse visa for American and Filipino couples:
1. Marriage:
The American citizen must be legally married to the Filipino citizen.
The marriage must be recognized as valid by both countries’ laws and must not be solely for the purpose of immigration.
2. Petition:
The American citizen must file an immigrant visa petition on behalf of their Filipino spouse, Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS).
Once the petition is approved by the USCIS, it will be forwarded to the U.S. Embassy or Consulate in the Philippines.
3. Visa Application:
The Filipino spouse must complete the online non-immigrant visa application (Form DS-160) and pay the required visa fee.
They will need to schedule an interview appointment at the U.S. Embassy or Consulate in the Philippines.
4. Supporting Documents:
The Filipino spouse must provide various supporting documents during the visa interview, including but not limited to:
– Valid passport
– Marriage certificate
– Birth certificates of any children from the marriage
– Evidence of bona fide marriage, such as joint bank accounts, property ownership, or joint utility bills
– Police clearance certificate
– Medical examination report
– Affidavit of support from the American spouse, Form I-134, showing their ability to financially support the Filipino spouse during their stay in the United States
5. Medical Examination:
The Filipino spouse must undergo a medical examination by a designated panel physician.
6. Visa Interview:
The Filipino spouse must attend a visa interview at the U.S. Embassy or Consulate in the Philippines.
During the interview, the consular officer will assess the relationship and determine the eligibility for the K-3 visa.
It is important to note that the K-3 visa is meant to shorten the separation period between the American citizen and their foreign spouse while the immigrant visa petition is processed.
Once the K-3 visa is approved, the Filipino spouse can enter the United States and apply for a green card to obtain permanent residency.
It is advisable to consult with an immigration attorney or seek guidance from the U.S. Embassy or Consulate in the Philippines for specific and up-to-date information regarding the K-3 spouse visa requirements and application process.