Fiancé Visa vs Spouse/Marriage Visa: What Is the Difference?

Fiancé Visa (K-1)

The K1 Fiancé Visa (or K1 Fiancée Visa) is a popular option for foreign fiancé(e)s of U.S. citizens to be able to enter the U.S. and get married within 90 days of arrival. Compared to other options, such as the Marriage Visa and K3 Marriage Visa, the K1 Fiancé Visa is generally considered the easiest, quickest, and least expensive route for a couple to be able to be together in the U.S. (once the couple marries in the U.S., however, applications with additional costs and time are necessary to apply for the green card). The I-129F Petition is filed with the USCIS and the initial processing by USCIS typically takes anywhere from 3-7 months. Then, there is further processing at the overseas embassy which includes a fiancé(e) visa interview and, if approved, the K1 Visa issuance.

To qualify for a K1 Visa, the petitioner (U.S. citizen) and the beneficiary (foreign fiancé(e)) must have met in person at least once within the past two years, have a bona fide intention to marry within 90 days of the beneficiary's arrival in the U.S., and have no legal impediments to marriage. Additionally, the petitioner must meet specific income requirements to show they can financially support their fiancé(e).

Spouse Visa (K-3)

A Spouse Visa or K3 Visa is an option for a foreign spouse, already married to a U.S. citizen, who wants to enter the United States to apply for a green card upon arrival. Unlike the K1 Fiancé Visa, intended for fiancées, the K3 Visa is designed explicitly for spouses abroad. However, the K3 Visa is rarely used as it generally takes just as long as the Marriage Visa, which is an immigrant visa that grants the foreign spouse a green card upon entry, without the need for separately filing for adjustment of status.

The K3 Visa application process begins with the filing of Form I-130 Petition for Alien Relative. While this is pending, a Form I-129F petition is filed to allow for K3 visa processing. Once approved by the USCIS, the petition is forwarded to the National Visa Center (NVC), which processes the application for the K3 Visa. The process can take between six to eighteen months or more and requires the foreign spouse to attend an interview at a U.S. embassy or consulate in their home country. After obtaining the K3 Visa, the spouse can enter the United States and apply for a Green Card.

Marriage Visa (CR-1/IR-1 Immigrant Visa)

A marriage visa, or the CR-1/IR-1 visa, is an immigrant visa. This means that a foreign spouse of a U.S. citizen is granted permanent residency upon entry with the immigrant visa. Compared to the K-1 Fiancé and K-3 Spouse Visa, this marriage visa typically has a longer processing time but is the most long-term and cost-effective option for married couples in the sense that it does not require a separate filing for adjustment of status once inside the U.S.

The application process for a marriage visa involves filing a Form I-130 Petition for Alien Relative with the USCIS, which can take several months to be approved. Once approved, the petition is forwarded to the National Visa Center (NVC) for further processing and scheduling of an interview at a U.S. embassy or consulate in the foreign spouse's home country or country of residence.

The processing time for a marriage visa can vary depending on various factors, such as the volume of applications being processed, the complexity of the case, and the availability of visa appointments at the consulate. On average, the process can take anywhere from 10 to 24 months. However, once the visa is issued, the foreign spouse is granted permanent residency upon entry to the United States.

Fiancé Visa vs Spouse/Marriage visa

Eligibility Criteria

Below are the key eligibility requirements for the K-1 Fiancé Visa, the K-3 Spouse Visa, and the CR-1/IR-1 marriage-based immigrant visa:

K-1 fiancé visa:

• The petitioner must be a U.S. citizen.
• The couple must have met in person within the past two years, unless certain exceptional circumstances apply.
• Both the petitioner and beneficiary must be legally free to marry and intend to marry within 90 days of the beneficiary's entry into the U.S.
• The beneficiary must pass a medical exam and background check.
• The petitioner must demonstrate that they can financially support the beneficiary.

K-3 visa:

• The petitioner must be a U.S. citizen.
• The petitioner must be married to the beneficiary.
• The beneficiary must be outside the U.S.
• The petitioner must file a Form I-130 (Petition for Alien Relative) and a Form I-129F (Petition for Alien Fiancé(e)).
• The beneficiary must pass a medical exam and background check.
• The petitioner must demonstrate that they can financially support the beneficiary.

CR-1/IR-1 marriage-based immigrant visa:

• The petitioner must be a U.S. citizen or lawful permanent resident.
• The couple must be legally married.
• The beneficiary must be outside the U.S.
• The petitioner must file a Form I-130 (Petition for Alien Relative).
• The beneficiary must pass a medical exam and background check.
• The petitioner must demonstrate that they can financially support the beneficiary.

Timeframe

The processing time for the K-1 Fiancé Visa is generally faster than that of the K-3 Spouse Visa and the CR-1/IR-1 Marriage Visa. The K-1 Visa typically takes 5-12 months, while the K-3 Visa takes around 6-18+ months. Marriage Visas, which are immigrant visas, usually take 10 to 18+ months to process through USCIS’s adjudication of the petition and then consular processing.

For K-1 visas, the petitioner must prove that they have met their fiancé/fiancée in person at least once in the past two years. K-3 Visas allow the spouse to enter the U.S. while their I-130 petition is being processed and so was created to benefit couples who do not want to be separated during this time. As mentioned above, however, K-3 visas are rarely used due to the increase in processing times which negate any benefit over a marriage-based immigrant visa. While in the case of an immigrant Marriage Visa, the foreign spouse typically cannot enter the U.S. until their immigrant visa is approved, they are permanent residents (with conditions if the marriage is less than 2  years old) upon entry into the U.S. and do not need to file for adjustment of status.

Fees Cost

The cost of obtaining a visa can vary depending on the type of visa and other factors such as the costs for translations, medical examination, and travel to the consulate.

Here is an overview of the filing fees associated with the K1 Fiancé Visa, K3 Spouse Visa, and CR1/IR1 Marriage Visa all the way from petitioning, to getting the visa, to getting a green card:

Income Requirements

Income requirements are a critical aspect of applying for marriage visas. For K-1 and K-3 Visas, the U.S. citizen petitioner must prove that they can financially support their foreign fiancé/fiancée or spouse, respectively. The petitioner, at the visa processing stage, must show that their income is at least 100% of the Federal Poverty Guidelines and at the adjustment of status phase, at least 125% of the Federal Poverty Guidelines. For CR-1/IR-1 immigrant Marriage Visas, the petitioner must demonstrate that their income is at least 125% of the poverty level.

Location of Official Wedding Ceremony

Planning a wedding day can be a significant consideration for engaged couples navigating the immigration process. Suppose the couple obtains a K-1 fiancé(e) visa. They must get married within 90 days of arriving in the United States, limiting their options for wedding locations to within the U.S. If the couple intends to get married outside of the United States, a marriage-based visa will be appropriate.

Due to the uncertainty of when the K-1 visa will be issued and the 90-day window within which to marry upon entering the U.S., a stateside wedding may have to be arranged at short notice. As a result, many couples choose to have a small, legal marriage ceremony in the U.S. within the 90-day timeframe and later have a reception to celebrate with family and friends. This can be either in the U.S. or, after obtaining permanent residence, abroad.

When the couple is already married, the foreign spouse may obtain a K-3 visa and then apply to adjust their status once inside the U.S. On the other hand, a CR-1/IR-1 marriage visa allows a foreign citizen who is married to a U.S. citizen to enter the U.S. and, upon that entry with the immigrant visa, become a green card holder without having to separately apply for adjustment of status.

Work Eligibility

Regarding working in the US under a visa, there are several factors to consider. With the K1 visa, the visa holder can only work in the US if they apply for permission after entering the country. The process involves submitting Form I-765 for Employment Authorization, and the permit is only valid for 90 days. However, there is an option to apply for employment authorization at the same time as applying for a Green Card, which results in a work permit that is valid for a year and renewable yearly.

In contrast, the K-3 spouse visa allows immediate work eligibility upon entering the US. However, filing an employment authorization to provide evidence of work eligibility may be recommended depending on circumstances.

Traveling Out of the U. S.

Deciding between a fiancé visa and a spouse visa can depend on various factors, including the need to travel abroad. Here's a closer look at the regulations surrounding each visa option.

The K-1 Fiancé Visa is a nonimmigrant visa that permits a single entry into the United States. Upon filing the Adjustment of Status and Advance Parole applications, the foreign national spouse must wait for advance parole, which can take anywhere from 3 months to over a year. Leaving the U.S. before receiving advance parole will result in a voided and abandoned application.

In contrast, the CR1 or IR1 visa provides immediate entry as an LPR upon arrival in the United States. Hence, all CR1 or IR1 visa holders can travel abroad right away. The K-3 Visa, a nonimmigrant marriage visa, also permits multiple entries into the U.S., making traveling abroad possible.

Summary: Fiancé Visa vs Spouse/Marriage Visa

The fiancé visa (K1) and spouse/marriage visa (K3) are both options for bringing a foreign national fiancé(e) or spouse to the United States. Key differences between K1 and K3 visas are summarized in the table below:

In contrast, the CR1/IR1 visas are immigrant visas that allow the foreign spouse of a U.S. citizen to enter the U.S. and be immediately admitted as a lawful permanent resident. The main benefits of these visas include the following:

• Immediate permanent residency upon entry to the U.S.
• No need to file for Adjustment of Status after marriage.
• No need to file for Advance Parole or Employment Authorization Document
• Able to work and travel freely upon entry to the U.S.

Fiancé Visa vs Spouse/Marriage Visa: Which Is Right for You?

Choosing between a fiancé visa and a spouse/marriage visa can be challenging. Here are the pros and cons of each option to help you decide which is suitable for you:

Fiancé Visa (K-1 Visa)

Pros:

• Allows you to bring your fiancé to the US quickly.
• Upon arrival and marrying within 90 days of entry, the adjustment of status can be filed immediately.
• You can start the immigration process while your fiancé is outside the US.

Cons:

• Only allows one entry into the US.
• Your fiancé(e) cannot work immediately after entering the US.

Spouse/Marriage Visa (CR-1/IR-1 Immigrant Visa)

Pros:

• Allows your spouse to enter the U.S. as an immigrant and become a permanent resident immediately.
• Your spouse can work right away after entering the US.
• Your spouse can then travel immediately as a permanent resident.

Cons:

• Requires a lot of documentation to prove your marriage is genuine.
• The process can take longer for the couple to be able to be together in the United States.

In conclusion, choosing between a K-1 fiancé visa and an immigrant CR-1/IR-1 spouse/marriage visa depends on your circumstances and priorities. Factors such as the time frame for immigration, ability to work immediately upon arrival, and permanent residency status should be considered when making this critical decision.