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meorbust

Which Category am I??????

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Filed: Other Timeline

K-3 Spouse Visa or IR-1 / CR-1 Spouse Visa

Before I ask my questions, can someone please tell me the difference??????????????????? Which category do I fall under?

My spouse has finally been given her visa along with a big fat envelope that must stay closed until we arrive at the Point of Entry. (We have both been living outside of the U.S. for several years)

We were already married before I started the process of attaining the visa. The first step was the I130, then a few other forms such as the I864, etc, etc.

We were married in a foreign country as I have lived overseas for several years and we were already married for 6 months before I took the first step in the visa process (the I-130). She (My spouse) just received the visa May of this year. We have been married now for over 4 years (the process took a long time because I didn't rush it).

Anyway, I am unsure which one we fall under. Please feel free to reply here or at dshell32@gmail.com

THANK YOU!!!!!!!!!!!!!!!!!

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As I can recall, the category is listed on the visa itself in the passport, so check it out.

The difference is that K3 is a nonimmigrant, and CR1 and IR1 are immigrant visas. With CR1, she will be a conditional resident, and her GC will be valid for 2 years, and you will have to lift conditions. With IR1, she will be an unconditional resident, and her GC will be valid for 10 years, and there is no lifting of conditions. However, since you have been married for over 2 years, even with CR1, she is entitled to IR1 status and unconditional GC.

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Did you send in an I-129f to USCIS, after the I-130? That's the first step for the K-3.

Did you go through NVC after USCIS or did your petition go right to the embassy?

If you submitted the I-864 to NVC and completed the processing there and received an interview date from NVC then you've gotten an IR-1. If you dealt only with the embassy then you've gotten a K-3.


Naturalization

N-400 package mailed: 04/16/2013

N-400 package delivered: 04/16/2013

NOA1 date: 04/17/2013

Biometrics: 08/23/2013

Interview: 10/07/2013

Oath: 01/23/2014

DONE!

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Filed: Other Timeline
Did you send in an I-129f to USCIS, after the I-130? That's the first step for the K-3.

Did you go through NVC after USCIS or did your petition go right to the embassy?

If you submitted the I-864 to NVC and completed the processing there and received an interview date from NVC then you've gotten an IR-1. If you dealt only with the embassy then you've gotten a K-3.

No I never filled out an I129. I started the Visa process with the NVC, but it ended with a US Embassy since I and my spouse have resided outside of the U.S. for several years. It sounds like she has an IR-1. I will check her passport. Thank you all for your help.

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