What is the difference between a marriage Green Card and a fiancé visa?
What is the difference between a marriage Green Card and a fiancé visa?
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Are you engaged and ready to get married but unsure which immigration option to choose? Marriage-based visa or fiancé visa? What are the differences and similarities? Let’s see them in detail.
What is a fiancé visa?
A fiancé visa, also known as a K-1 visa, is a non-immigrant visa that allows the foreign fiancé of a US citizen to enter the United States to get married within 90 days of arrival.
The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry their US-citizen sponsor within 90 days of arrival. After the marriage, the foreign-citizen spouse can apply for an adjustment of status to become a lawful permanent resident of the United States and get their Green Card. It is worth noting that the K-1 visa is a non-immigrant visa, which means that it does not provide the foreign-citizen fiancé(e) with permanent residency or citizenship in the United States, but it is a first step in that process.
What is a marriage-based Green Card?
A marriage-based green card, also known as a CR-1 visa, is a type of immigrant visa that allows a foreign spouse of a US citizen to enter and reside in the United States as a lawful permanent resident.
The process of obtaining a CR-1 visa involves several steps. The first step is for the US-citizen spouse to file a Form I-130, which establishes the marriage relationship and serves as a petition for the foreign spouse to immigrate to the United States. The I-130 filing must include critical elements such as proof of the bona fide marriage, evidence of the US citizen’s ability to financially support the foreign spouse, and other supporting documents.
Once the I-130 petition is approved, the foreign spouse can apply for a CR-1 visa, which is issued by a US embassy or consulate in the foreign spouse’s home country. The CR-1 visa allows the foreign spouse to enter the United States and immediately become a lawful permanent resident upon arrival. It is worth noting that there is no minimum age requirement for the US citizen sponsor to file a petition for a spouse, but the US citizen sponsor must be at least 18 years of age and have a residence in the United States.
Overall, the CR-1 visa is an important option for US citizens who wish to bring their foreign spouse to the United States and establish a life together as lawful permanent residents.
What’s the difference between a fiancé visa and a spousal visa?
The main difference between a fiancé visa and a spousal visa is the timing of the marriage ceremony. A fiancé visa, also known as a K-1 visa, is a non-immigrant visa that allows the foreign fiancé(e) of a US citizen to enter the United States to get married within 90 days of arrival. On the other hand, a spousal visa, also known as a CR-1 visa, allows a foreign spouse of a US citizen to enter and reside in the United States as a lawful permanent resident.
One key difference between the two types of visas is that a fiancé visa is typically used when the couple has not yet been married, while a spousal visa is used when the couple is already married. With a fiancé visa, the couple has 90 days to get married after the foreign fiancé(e) enters the United States. This means that the marriage ceremony can take place within the United States or outside of the country. In contrast, a spousal visa is used when the couple is already married, and the foreign spouse seeks to enter the United States to live with their US citizen spouse as a permanent resident.
The processing time varies each quarter, but it regularly takes 14-19 for fiancé visas and 13-15 for spousal visas. To be sure about the current processing time, visit the United States Citizenship and Immigration Services (USCIS) website.
How to decide between visas?
You may be wondering, at this point, which of these two options is best for your situation? Let’s take a look at this comparative chart:
| K-1 Fiancé visa | CR-1 Spousal visa | |
| Sponsor citizenship | ||
| Your spouse or fiancé is not a US citizen | No | Yes |
| Your spouse or fiancé is a US citizen | Yes | Yes |
| Marriage plans | ||
| You need or want to get married in the US | Yes | No |
| You’re already married and one partner lives outside the US | No | Yes |
| Your country will not recognize your marriage | Yes | Yes |
| You can’t get married outside the US due to cost or travel restrictions | Yes | Yes |
| You could get married outside the US to save money on immigration fees | No | Yes |
| You could get married in a virtual ceremony to save money on immigration fees | No | Yes |
| Immigration costs | ||
| The overall costs to get a Green Card is less important than other factors in your decision | Yes | No |
| You need to work in the US as soon as you arrive and travel abroad if needed | No | Yes |
Fiancé visa vs. spousal visa timeline comparison
A fiancé visa process often looks like this:
- Form I-129F application and approval.
- Form ds-160 and Embassy Appt / Interview
- Visa approval and receipt of passport
- US entry and marriage
- Form I-485 application and approval
- Green Card approved.
A spousal visa process can look like this:
- Sponsor/beneficiary marriage.
- Form I-130 application and approval.
- Form DS-260 / Form I -864 application and approval.
- Embassy appointment / Interview
- US entry and Green Card approved.
Nonetheless, both of these processes depend on personal circumstances.
K-1 visa and CR-1 visa cost comparison
In January 2023, the US government recently proposed a significant fee increase for most visa applications, which could take effect as early as May this year. If the government receives an application before the new fee increase goes into effect, it will not be affected. However, you will have to pay higher fees for subsequent applications filed after May 2023, including adjustment of status, removal of conditions, and naturalization.
For instance, fees for marriage-based Green Card applications that start with a K-1 visa are expected to almost double from $2,015 to over $3,540 due to the higher cost of proving a valid family relationship. On the other hand, the process of a spousal visa to a Green Card can increase from $1,200 to $1,485. Therefore, if you are engaged to a US citizen, the CR-1 spousal visa process could save you thousands of dollars.Nonetheless, if you are considering taking either of these paths, we recommend that you speak to an immigration lawyer in San Diego, California. At Kannan Law, we are ready to help you. Contact us today!