The U.S. immigration system offers many types of family-based visas depending on your relationship to a U.S. citizen or lawful permanent resident. In this article we will discuss how to apply for the IR-1/CR-1 spousal visa and the K-1 fiancé visa.

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1. Applying for the IR-1/CR-1 Spousal Visa

 

If you are married to a U.S. citizen and reside in New Zealand, you are eligible to apply for IR-1/CR-1 visa. The difference between two types of visas depend on the length of your marriage at the time of visa approval:

 

• If you have been married for over two years, you will receive an IR-1 visa (Immediate Relative visa);

• If you have been married for less than two years, you will receive a CR-1 visa (Conditional Resident).

 

Eligibility:

 

• You must be legally married to a U.S. citizen.

• Marriage must be bona fide and evidence of relationship must be provided

 

Application steps include:

 

• File Form I-130: The U.S. citizen spouse submits a petition (Form I-130) to USCIS. This form establishes the relationship and includes supporting evidence such as marriage certificate, divorce decree(s), proof of joint residence, assets, income and expenses. New Zealand citizen spouses must also prepare and sign Form I-130A, supplemental form that gathers background information.

• NVC: After the I-130 is approved by USCIS, it is sent to the National Visa Center (NVC), where additional documents and payment of fees are required.

• Medical Exam: Following NVC processing, the foreign spouse will be scheduled for a visa interview at the U.S. Consulate in Auckland, New Zealand. Complete a medical exam with an approved physician in New Zealand prior to the interview.

• Interview: Attend the interview and bring all the required original documents to the appointment. If the application is approved, your passport with a stamped immigrant visa will be returned to you.

• Arrival in the U.S.: Immigrant visa is valid for 6 months. Enter the US before the visa expiration date to become a lawful permanent resident.

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2. Obtaining a K-1 Fiancé Visa

 

The K-1 visa application can be filed by a fiancé(e) of an American citizen. It permits fiancé(e)s to come to the U.S. with the intention of getting married within 90 days.

 

Eligibility:

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• Both parties must be legally free to marry.

• Must have met in person within the last 2 years (exceptions apply).

• Must intend to marry within 90 days of arrival in the U.S.

 

Application process:

 

• Submit Form I-129F: US citizen petitioner completes Form I-129F to demonstrate the relationship and intention to marry.

• Embassy Notification: After USCIS approves the petition, it is forwarded to the U.S. Consulate in New Zealand. The applicant undergoes a medical examination and attends the interview.

• Travel to the U.S. The fiancé(e) travels to the U.S., and the couple must marry within 90 days.

• File for Adjustment of Status: After obtaining the marriage certificate, a non-citizen spouse may apply for a green card by filing Form I-485.

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3. Categories of Family-Based Immigration

 

The US immigration system divides family-sponsored visas into Immediate Relatives and Family Preference categories.

 

Immediate Relative (Visa number is always available, faster processing)

 

• IR-1/CR-1: Spouse of U.S. citizen

• IR-2: Unmarried children under 21 of U.S. citizen

• IR-5: Parent of U.S. citizen (if US citizen is over 21) 

 

Family Preference (Subject to annual limits, longer waiting time)

 

• F1: Unmarried adult children (21+) of U.S. citizens

• F2A: Spouses and minor children of green card holders

• F2B: Unmarried adult children of green card holders

• F3: Married children of U.S. citizens

• F4: Siblings of U.S. citizens (21+)

 

If you want to apply for family-based permanent residency in the U.S., book a free consultation with Williams Law to discuss the application process.

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