When a U.S. citizen wishes to bring their foreign partner to the United States, two primary visa options are available: the K-1 Fiancé(e) Visa and the Spouse Visa (either CR1 or IR1). Both visa types are designed to reunite couples in the U.S., but they have significant differences in terms of eligibility, processing times, costs, and requirements. Understanding these differences will help you make an informed decision about which visa best suits your situation.
This article breaks down the key differences between the K-1 fiancé(e) visa and the spouse visa, along with a guide to help you choose the best option.
What is the K-1 Fiancé(e) Visa?
The K-1 visa, commonly known as the fiancé(e) visa, allows a foreign fiancé(e) of a U.S. citizen to enter the U.S. for the purpose of getting married. Once the couple is married (within 90 days of the fiancé(e)’s entry into the U.S.), the foreign spouse can apply for adjustment of status to become a permanent resident (green card holder).
What is the Spouse Visa (CR1/IR1)?
The spouse visa (CR1 for marriages under two years, IR1 for marriages two years or longer) allows a foreign spouse of a U.S. citizen to immigrate to the U.S. as a permanent resident. Unlike the K-1 visa, the spouse visa is for couples who are already legally married. Once the foreign spouse arrives in the U.S., they are immediately granted a green card without needing to adjust their status.
Key Differences Between K-1 Fiancé(e) Visa and Spouse Visa
Below are the primary differences between the K-1 fiancé(e) visa and the CR1/IR1 spouse visa:
- Eligibility:
- K-1 Fiancé(e) Visa: Available for foreign nationals engaged to U.S. citizens. The couple must plan to get married within 90 days of the foreign fiancé(e)’s entry into the U.S.
- Spouse Visa (CR1/IR1): Available for foreign nationals who are already legally married to U.S. citizens. The marriage must be legally recognized in both the country where it occurred and under U.S. law.
- Visa Processing Time:
- K-1 Fiancé(e) Visa: Processing time for a K-1 visa is typically 6 to 9 months from the time the U.S. citizen files the I-129F petition until the visa is issued.
- Spouse Visa (CR1/IR1): Processing time for the spouse visa is usually 12 to 18 months from the filing of Form I-130 (Petition for Alien Relative) to the approval of the visa.
- Cost:
- K-1 Fiancé(e) Visa: The total cost includes the I-129F petition fee, visa application fee, medical exam, and adjustment of status after marriage. The total cost can range from $2,000 to $2,500.
- Spouse Visa (CR1/IR1): The spouse visa process involves fees for Form I-130, visa application fees, medical exams, and supporting documentation. Total costs generally range from $1,200 to $1,800 (excluding travel expenses).
- Marriage Timeline:
- K-1 Fiancé(e) Visa: The couple must marry within 90 days of the foreign fiancé(e) entering the U.S.
- Spouse Visa (CR1/IR1): The couple must already be legally married before applying for the visa.
- Green Card Acquisition:
- K-1 Fiancé(e) Visa: After marrying in the U.S., the foreign spouse must apply for Adjustment of Status (AOS) to receive their green card. This process can take an additional 12 to 18 months after marriage.
- Spouse Visa (CR1/IR1): Upon arrival in the U.S., the foreign spouse is automatically granted lawful permanent residency (green card) and does not need to file for adjustment of status.
- Work Authorization:
- K-1 Fiancé(e) Visa: The fiancé(e) can apply for a work permit (Form I-765) after arriving in the U.S., but it typically takes several months to be approved. However, after the marriage, the foreign spouse will need to file for work authorization again as part of their Adjustment of Status.
- Spouse Visa (CR1/IR1): Since the foreign spouse becomes a permanent resident upon entering the U.S., they are automatically authorized to work and do not need to apply for a separate work permit.
- Travel Restrictions:
- K-1 Fiancé(e) Visa: After entering the U.S. on a K-1 visa, the foreign spouse cannot leave the U.S. until they receive advance parole (permission to travel) or until they complete their adjustment of status process. Leaving without permission may result in denial of the green card.
- Spouse Visa (CR1/IR1): The spouse visa allows for travel immediately after arriving in the U.S., as the foreign spouse is a lawful permanent resident.
- Intent to Immigrate:
- K-1 Fiancé(e) Visa: The foreign fiancé(e) must intend to marry the U.S. citizen within 90 days of entering the U.S., but they do not have an immediate immigrant visa (green card) until after the marriage and adjustment of status process.
- Spouse Visa (CR1/IR1): The spouse visa is an immigrant visa, meaning that the foreign spouse enters the U.S. as a permanent resident with the intent to live permanently in the U.S. from the start.
Pros and Cons of the K-1 Fiancé(e) Visa
Pros:
- Faster reunification: Processing times for K-1 visas are typically shorter than spouse visas, allowing couples to reunite more quickly.
- Flexibility in marriage location: The K-1 visa allows the couple to get married in the U.S., which may be preferable for couples who want to hold their wedding in the U.S.
Cons:
- Higher overall cost: Although the initial visa process may be quicker, the foreign spouse must still go through adjustment of status after marriage, adding additional time and cost.
- Work limitations: The foreign fiancé(e) cannot work immediately after arrival and must wait until after applying for work authorization or a green card.
Pros and Cons of the Spouse Visa (CR1/IR1)
Pros:
- Immediate green card: Upon arrival in the U.S., the foreign spouse is granted a green card, giving them the right to work, travel, and live permanently in the U.S. without further applications.
- Fewer steps: There is no need to go through the adjustment of status process, reducing overall time and costs after arrival in the U.S.
Cons:
- Longer processing time: The spouse visa typically takes longer to process than the K-1 fiancé(e) visa, meaning couples may have to wait longer to reunite.
- Must be married before applying: If you prefer to get married in the U.S., the spouse visa may not be the best option.
How to Choose Between the K-1 Fiancé(e) Visa and the Spouse Visa
Choosing between a K-1 fiancé(e) visa and a spouse visa depends on several factors, including your relationship status, timeline, and preference for where to get married. Here are some considerations to help you decide:
- Are You Already Married?
- If you’re already married, the spouse visa (CR1/IR1) is the clear choice.
- If you’re not yet married but plan to marry in the U.S., the K-1 fiancé(e) visa is the better option.
- How Quickly Do You Want to Reunite?
- If your priority is to reunite quickly, the K-1 fiancé(e) visa may be faster, allowing you to be together while working on the adjustment of status.
- If you’re willing to wait longer to complete the process before coming to the U.S., the spouse visa provides a more streamlined path to permanent residency.
- Where Do You Want to Get Married?
- If you want to get married in the U.S., the K-1 fiancé(e) visa is the only option.
- If you prefer to marry abroad and then move to the U.S. as a married couple, the spouse visa is the better choice.
- Cost Considerations:
- The K-1 fiancé(e) visa can end up being more expensive overall due to the additional adjustment of status process.
- The spouse visa has a lower total cost but a longer wait time.
Conclusion
Both the K-1 fiancé(e) visa and the spouse visa offer viable pathways for couples to reunite in the United States. The K-1 visa is ideal for couples who want to get married in the U.S. and are looking for a quicker reunification process, while the spouse visa is better for couples who are already married and want the foreign spouse to arrive as a permanent resident.
By considering your relationship status, timeline, and financial situation, you can determine which visa is the best fit for your unique circumstances.