Fiancé Visa Versus Marriage Visa: Which One is Right for You?
Deciding between a fiancé visa (K-1) and a marriage visa (CR-1/IR-1) can feel overwhelming, but understanding how each works can help you make the best choice for your unique situation. Both visas allow your foreign fiancé or spouse to join you in the United States, but they have key differences that can impact costs, timing, and requirements. Let’s break it all down.
How Each Visa Works
The Fiancé Visa (K-1)
The K-1 visa is designed for U.S. citizens who want to bring their fiancé to the United States for marriage. Here’s how it works:
- File Form I-129F, Petition for Alien Fiancé.
- Once approved, your fiancé will attend a visa interview in his/her home country.
- After entering the U.S., you must get married within 90 days.
- Your new spouse must file for adjustment of status (Form I-485) to obtain a green card.
Key requirements:
- You must demonstrate intent to marry within 90 days of your fiancé’s arrival.
- You must prove you’ve met in person at least once in the past two years (unless certain exceptions apply).
The Marriage Visa (CR-1/IR-1)
The marriage visa is for couples who are already married. Here’s the process:
- File Form I-130, Petition for Alien Relative.
- Once approved, your spouse attends a visa interview in their home country.
- After entering the U.S., your spouse will receive a green card immediately upon arrival.
Key requirements:
- You must provide evidence of a bona fide (good faith) marriage, such as photos, joint financial documents, and proof of cohabitation.
Comparing Costs
At first glance, the costs for both visas are similar, but there are a few differences:
- Fiancé Visa Costs
- Filing Form I-129F: $625.00 – $675.00
- Adjustment of Status (after marriage): $1,440.00
- Total: Approximately $2,065.00 – $2,115.00 (excluding medical exams, travel costs, and filing fees for work and travel permits which are optional).
- Marriage Visa Costs
- Filing Form I-130: $625.00 – $675.00
- Immigrant Visa Fee: $445.00
- Green Card Processing Fee: $220.00
- Total: Approximately $1,290.00 – $1,340.00 (excluding travel costs and medical exams).
Travel Considerations
If you’ve recently visited your fiancé within the past two years, you can file for the K-1 visa immediately. However, for a marriage visa, you may need to travel to your fiancé’s home country to get married before filing, which adds to the overall cost and timeline.
Timing: Which Is Faster?
Historically, the K-1 visa has been faster to obtain than the CR-1/IR-1 visa. However, processing times for both are now quite similar.
- Fiancé Visa:
You can file immediately (assuming you’ve met in person in the past two years). However, after your fiancé enters the U.S., additional time is needed to file for the adjustment of status process. - Marriage Visa:
The process starts after you’ve married, which might require travel time to your spouse’s country. But once your spouse enters the U.S., they receive a green card upon arrival.
Things to Consider
- Future Plans
Are you prepared for additional paperwork and costs after your fiancé arrives on a K-1 visa? If you want to streamline the green card process, the marriage visa might be a better option. - Proof of Relationship
Both visas require evidence, but the type of evidence differs. Fiancé visas focus on intent to marry and recent in-person meetings, while marriage visas emphasize proving a genuine marriage. - Your Timeline and Travel Flexibility
If traveling to your fiancé’s country to marry is not feasible, the K-1 visa could save you time. - Immigration Status of the Petitioner
Only U.S. citizens can petition for a K-1 visa. If you are a lawful permanent resident (LPR), the CR-1/IR-1 visa is your only option.
Need Help? Contact GS LAW, APC
Navigating the fiancé and marriage visa processes can be complex, but you don’t have to do it alone. Our experienced immigration attorneys at GS LAW, APC can guide you every step of the way, ensuring you choose the best path for your situation.
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We offer free consultations, so don’t hesitate to reach out for expert legal guidance. Let us help you bring your loved one home!