When it comes to bringing your foreign partner to the United States, there are two main immigration pathways: the spouse visa (CR-1 or IR-1) and the fiancé(e) visa (K-1). While both visas allow your partner to join you in the U.S., they have distinct requirements and processes. Here’s a breakdown of the key differences between these two types of visas.

The Spouse Visa (CR-1 or IR-1)

The spouse visa is for individuals who are already legally married to a U.S. citizen or lawful permanent resident. This visa is intended for couples who are married at the time the petition is filed. The process involves the following:

• Eligibility: To apply for a spouse visa, you must be legally married to a U.S. citizen or permanent resident. If the marriage occurred outside of the U.S., it must be recognized as valid under the laws of the country where it took place and meet U.S. immigration requirements.
• Application Process: The U.S. citizen or permanent resident spouse must file a Form I-130 (Petition for Alien Relative). Once the petition is approved, the foreign spouse applies for an immigrant visa at a U.S. consulate or embassy in their home country. After approval, they will enter the U.S. as a lawful permanent resident (green card holder).
• Green Card Status: Upon entering the U.S. on a spouse visa, the foreign spouse automatically becomes a permanent resident and receives their green card. This provides them with the right to live, work, and travel within the U.S.
• Processing Time: The spouse visa process generally takes longer than the fiancé(e) visa process because the applicant enters the U.S. as a permanent resident. The timeline can range from several months to over a year, depending on the specific circumstances and USCIS workload.

The Fiancé(e) Visa (K-1)

The fiancé(e) visa is for individuals who are engaged to a U.S. citizen and plan to marry within 90 days of entering the United States. This visa allows the foreign national fiancé(e) to travel to the U.S. to marry their U.S. citizen partner. Key points include:

• Eligibility: To qualify for a K-1 fiancé(e) visa, the U.S. citizen must file a Form I-129F (Petition for Alien Fiancé(e)) on behalf of their fiancé(e). The couple must have met in person at least once in the two years preceding the application, unless there are extenuating circumstances (such as religious or cultural barriers) that would justify an exemption.
• Application Process: Once the I-129F petition is approved, the foreign fiancé(e) applies for a visa at a U.S. consulate. If granted, the fiancé(e) can enter the U.S. but must marry their U.S. citizen partner within 90 days of arrival.
• Marriage and Adjustment of Status: After marrying in the U.S., the foreign national spouse can then apply for a green card through Adjustment of Status (AOS). This process is separate from the fiancé(e) visa and typically involves submitting additional documentation and attending an interview.
• Processing Time: The fiancé(e) visa process is usually faster than the spouse visa process, typically taking 8-12 months. However, it’s important to note that this visa requires the couple to marry within a short window after entering the U.S. and the non-U.S. citizen spouse will need to apply for Adjustment of Status, a separate process, with its own fees and processing time.

Key Differences

1. Marital Status: A spouse visa requires the couple to already be married, while a fiancé(e) visa is for couples who are engaged but not yet married.
2. Immigration Status Upon Arrival: The spouse visa grants immediate permanent resident status upon entry, while the fiancé(e) visa only allows entry for marriage, and the foreign partner must apply for a green card after marriage.
3. Processing Times: While Fiancé(e) visas generally have a quicker processing time compared to spouse visas, the former also require the adjustment of status process in order for the foreign spouse to become a permanent resident, which requires several months of additional processing.

Choosing between a spouse visa and a fiancé(e) visa depends on your personal circumstances. If you are already married, the spouse visa is the right path. However, if you are engaged and planning to marry in the U.S., the fiancé(e) visa is likely the better option. At Rokas Law Office PLLC, we can help guide you through the process and choose the best path for your situation. Contact us today for expert advice and assistance.