28 May 2024
Deciding how to bring your spouse to the U.S. can feel complicated, especially alongside wedding planning. As a U.S. citizen marrying someone from another country, there are two main visa options: fiancé and spouse visas. Each has advantages, and the best choice depends on your specific situation. Consider factors like processing speed, costs involved, and other relevant details to make the most informed decision for your happily ever after.
Here are two main paths for foreign nationals to immigrate and live in the U.S. with a U.S. citizen spouse:
- Marry abroad, then immigrate: This allows couples more flexibility in choosing a wedding location. However, the immigration process can take time.
- Obtain a fiancé visa, then marry in the U.S.: This offers a faster path to living together, but limits the wedding location to the U.S.
While U.S. citizens can choose either option, permanent residents can only petition for a spouse, not a fiancé.
K-1 visa
The K-1 visa, obtained through Form I-129F (“Petition for Alien Fiancé/Fiancée”), allows a U.S. citizen to bring their foreign fiancé(e) to the United States for marriage. The sponsoring U.S. citizen files the petition, which can take anywhere from six months to a year to process. This timeframe includes both the USCIS review of Form I-129F (five to eight months) and scheduling the visa interview at the overseas consulate (one to three months).
Once approved, the fiancé(e) has six months to enter the US and the couple has 90 days to get married. However, the K-1 is not a permanent residency visa. After marriage, the couple must file for adjustment of status to obtain a green card, a process that can take an additional 18 to 36 months.
some reasons you might consider a K-1 Fiancé Visa:
- U.S. Wedding Ceremony: If you have your heart set on getting married in the United States, the K-1 visa allows your fiancé(e) to enter the country specifically for that purpose.
- Legal Restrictions Abroad: In some cases, your fiancé(e)’s home country may not recognize your marriage. A K-1 visa can help navigate this obstacle by allowing the wedding to take place in the U.S.
- Quicker Start to Married Life Together: Compared to the green card process through a spouse visa, the K-1 visa can offer a faster path to living together in the U.S. once you are married.
- U.S. Citizen Partner Requirement: The K-1 visa is for U.S. citizens sponsoring their foreign fiancé(e). It cannot be used by lawful permanent residents (LPRs).
- Potentially Faster Path to Green Card: While not a direct path to permanent residency, some view the K-1 visa followed by adjustment of status as potentially faster than the entire consular processing for a green card through a spouse visa. This depends on specific circumstances and current processing times.
CR-1 or IR-1 Visa
U.S. citizens and green card holders can sponsor their foreign spouse for permanent residency through marriage. The first step involves filing Form I-130 (“Petition for Alien Relative”) along with Form I-130A (“Supplemental Information for Spouse Beneficiary”) by the U.S. citizen or resident. The spouse abroad will then undergo consular processing, which involves an interview at a U.S. consulate or embassy. Upon approval, they will enter the U.S. with an immigrant visa, granting them permanent residency status. Shortly after entering the country, the spouse will receive their green card in the mail from USCIS (U.S. Citizenship and Immigration Services).
Choosing the right spouse visa can be confusing. The key difference between CR1 and IR1 visas lies in the length of time you’ve been married when your spouse enters the U.S.
- CR1 Visa (Conditional Resident): This is for couples married less than two years when the immigrant spouse arrives. It grants conditional permanent residency for two years. After that period, both spouses must jointly file a petition to remove the conditions on permanent residency. If approved, the immigrant spouse receives a regular 10-year green card.
- IR1 Visa (Immediate Relative): This visa is for spouses who have been married for at least two years before the immigrant spouse enters the U.S. It grants immediate and unrestricted permanent residency without any conditions. The green card itself is valid for 10 years and needs to be renewed at that point.
K-3 visa
The K-3 visa offers a unique option for couples where the U.S. citizen or permanent resident spouse (LPR) needs to return to the U.S. while their spouse’s green card application is pending with USCIS. Unlike the K-1 visa for fiancés, the K-3 allows your spouse to enter the country as a married person and stay legally while waiting for their green card.
Key Points About the K-3 Visa:
- Temporary Status: Similar to the K-1 visa, the K-3 is a non-immigrant visa, meaning it’s temporary.
- For Existing Spouses: Unlike the K-1 visa, the K-3 is specifically for spouses who are already married.
- Expedites Reunification: This visa can be a faster way to be together in the U.S. compared to waiting for the green card to be processed outside the country.
Over to You
The ideal choice between a K-1 visa, a spouse visa (CR1/IR1), or a K-3 visa depends on your specific circumstances, timeline, and budget. Contact experts at Landmark Immigration if you require further consultation on visa services.
