If your partner lives in another country and you want to reunite in the United States, one of the most common questions is whether you need a Fiancé Visa or a Spouse Visa. Both options have specific requirements and advantages.
This article provides all the essential information to help you make the best decision for your situation.
What Is a Fiancé Visa?
The Fiancé Visa (K-1) allows US citizens to bring their fiancé(e) to the US to get married within 90 days of arrival. This visa is not available for permanent residents, only for US citizens.
Main Requirements:
- Must be a US citizen.
- Must have concrete plans to marry within 90 days of the fiancé(e)’s arrival.
- Both must be legally free to marry (single, divorced, or widowed).
- The marriage must be genuine and not solely for immigration benefits.
What Is a Spouse Visa?
The Spouse Visa (CR-1 or IR-1) allows the spouse of a US citizen or permanent resident to enter the US for permanent residence. Unlike the Fiancé Visa, you must be married before filing the petition.
Main Requirements:
- The marriage must be legal and recognized in the country where it took place.
- Must provide evidence that the marriage is genuine and not just for immigration purposes.
- The petitioner must demonstrate financial support through an Affidavit of Support (Form I-864).
Advantages:
- Once the foreign spouse enters the US, they can apply for work and travel permits while waiting for their Green Card.
- Provides a direct path to permanent residence without additional steps.
Key Differences Between the Fiancé Visa and the Spouse Visa
- The Fiancé Visa can only be requested by US citizens, while the Spouse Visa is available for both US citizens and permanent residents.
- The Fiancé Visa is for unmarried couples who want to marry in the US, while the Spouse Visa is for those already married.
- The Fiancé Visa has a faster processing time (around 6 to 9 months), while the Spouse Visa can take a year or more.
- The Fiancé Visa requires additional steps for permanent residence, making it more expensive in the long run, while the Spouse Visa includes the Green Card process upfront.
How Long Does a Fiancé Visa Take?
The Fiancé Visa (K-1) typically takes 6 to 9 months to process, depending on factors such as:
- The complexity of the case.
- Requests for additional evidence from USCIS.
- Availability of consular appointments in the fiancé(e)’s home country.
After the fiancé(e) arrives in the US, the couple must marry within 90 days and then apply for Adjustment of Status to obtain permanent residence.
Which Visa Is Best for You?
If You Are a US Citizen:
- You can choose either option, depending on your plans.
- If you want to marry in the US, the Fiancé Visa (K-1) is ideal.
- If you are already married or plan to marry abroad, the Spouse Visa (CR-1/IR-1) is the better choice.
If You Are a Permanent Resident:
- You can only apply for the Spouse Visa (CR-1/IR-1) for your spouse.
- The Fiancé Visa (K-1) is not available for permanent residents.
Consider Processing Times:
- If you want to reunite quickly, the Fiancé Visa is faster.
- If you prefer a direct path to permanent residence, the Spouse Visa is more stable.
Other Factors to Consider
- The Fiancé Visa requires additional fees for Adjustment of Status, increasing the total cost.
- The Spouse Visa has a higher upfront cost but includes the Green Card process.
- The Spouse Visa provides a more stable transition to permanent residence.
- If you plan to marry abroad, you must apply for the Spouse Visa.
- If you plan to marry in the US, the Fiancé Visa is the only option.
What Should You Do Now?
- Gather information about requirements and processing times.
- Visit the official USCIS website or consult with immigration professionals.
- Prepare all necessary documents, such as marriage certificates or proof of relationship.
- Seek legal advice—an immigration attorney can help avoid mistakes and speed up the process.
- Start the application process as soon as possible to minimize wait times.
Reuniting with your partner in the US is an important step. Whether you choose the Fiancé Visa or the Spouse Visa, both can help you achieve that goal.
