Fiancé Visa vs. Marriage Green Card: Which is Right for You?
SG Legal Group: Your Trusted Immigration Attorney Contact UsTwo popular options for individuals who are engaged or married to a U.S. citizen are the fiancé visa and the marriage green card. While both options allow a foreign national to enter the United States, they have significant differences in terms of eligibility, requirements, processing time, and benefits. In this article, you’ll learn about the pros and cons of a fiancé visa and a marriage visa, so you and your fiancé may make an informed decision about the best option for your situation.
To ensure consistency throughout this article, we will use the term “fiancé” to refer to a partner, regardless of their gender. It’s important to note that in the United States, the laws governing same-sex marriages are the same, and the term “spouse” legally recognizes anyone who is married through a civil marriage.
Fiancé Visa
A fiancé visa, also known as a K-1 visa, is a non-immigrant visa that allows a foreign national to enter the United States for the purpose of marrying a U.S. citizen. The visa is intended for individuals who are engaged to a U.S. citizen and plan to get married in the United States. The following are the main features of a fiancé visa:
Eligibility
To be eligible for a fiancé visa, the petitioner must be a U.S. citizen, and the beneficiary must be a foreign national who is engaged to the U.S. citizen. Both the petitioner and beneficiary must be legally free to marry, meaning they are not currently married to someone else, and any previous marriages have been legally terminated.
Requirements
To obtain a fiancé visa, the petitioner must file a petition with the U.S. Citizenship and Immigration Services (USCIS) and submit supporting documents to prove that the couple has met in person within the past two years. The petition must also include evidence of the relationship between the petitioner and beneficiary, including proof of engagement and plans to marry. The beneficiary must also undergo a medical examination and obtain a police clearance certificate.
Processing Time
USCIS publishes processing times every quarter for all types of applications, including the Form I-129F (fiancé visa). Based on the latest USCIS data, the waiting time for a K-1 visa is 12 – 17 months. Various factors can affect the wait times, including processing delays — such as the continued backlog due to the pandemic — and staffing or financial constraints at USCIS service centers or field offices.
Benefits
A fiancé visa allows the beneficiary to enter the United States and stay for 90 days, during which time the couple must get married. After the marriage, the beneficiary can apply for a green card and become a permanent resident of the United States.
Reasons You May Consider a K-1 Fiancé Visa
1) You plan on getting married in the United States.
2) You need to get married in the United States because your fiancé’s country does not legally allow your union.
3) You would like to be married as soon as possible.
4) Your partner is a U.S. citizen, not an LPR.
5) You want a faster process of obtaining residency status compared to a marriage visa.
Marriage Green Card
A marriage green card, also known as a spousal visa, is a type of visa that allows a foreign national who is married to a U.S. citizen to enter and live in the United States as a permanent resident. The following are the main features of a marriage green card:
Eligibility
To be eligible for a marriage green card, the petitioner must be a U.S. citizen or a lawful permanent resident (LPR). The couple must provide proof of a bona fide marriage, meaning they entered into the marriage for genuine reasons and not for the purpose of obtaining an immigration benefit.
Requirements
To obtain a marriage green card, the petitioner must file a petition with USCIS. The petition must include evidence of the marriage, such as a marriage certificate, joint bank accounts, and photos together. The beneficiary must also undergo a medical examination and obtain a police clearance certificate.
Processing Time
USCIS publishes processing times every quarter for all types of applications, including the Form I-130 (spousal visa). Based on the latest USCIS data, the waiting time for a spousal visa is 13 – 18 months. Various factors can affect the wait times, including processing delays and staffing or financial constraints at USCIS service centers or field offices.
Benefits
A marriage green card allows the beneficiary to enter the United States and stay as a permanent resident. The beneficiary can live and work in the United States and can travel outside the country and return without any issues. After three years of being a permanent resident, the beneficiary can apply for U.S. citizenship.
Reasons You May Consider a Marriage Visa
1) You are a lawful permanent resident and wish to have your significant move to the United States and also become a lawful permanent resident.
2) You and your spouse wish to be married in a different country.
Which Is More Affordable: Fiancé K1 Visa vs Marriage Green Card (CR-1 Spousal Visa)?
In terms of upfront costs, the K-1 visa may be more affordable than a marriage-based green card. This is because the K-1 visa requires only one application fee and fewer supporting documents, while the marriage-based green card requires multiple fees and extensive documentation. However, it’s important to note that the K-1 visa is only a temporary visa and does not grant permanent residency. Once you enter the United States on a K-1 visa, you will need to apply for adjustment of status to become a lawful permanent resident, which can be costly. On the other hand, a marriage-based green card application grants permanent residency status from the outset. Additionally, the total cost of obtaining a marriage-based green card depends on individual circumstances, such as legal fees and travel expenses.
Conclusion
In conclusion, the fiancé visa and marriage green card are two viable options for foreign nationals who are engaged or married to a U.S. citizen and wish to live in the United States. While both have their respective eligibility requirements, processing times, and benefits, choosing the best option depends on the individual’s circumstances and needs. It’s important to weigh the pros and cons of each option to make an informed decision. Regardless of which option is chosen, it’s essential to ensure that all legal requirements are met and that the process is completed accurately and efficiently to avoid any delays or issues. If you need help choosing the right path for you, SG Legal Group can help.
If you have any concerns or have questions about which fiancé or marriage visa is the right visa for you, feel free to contact us and we will be happy to discuss your options.
Contact An Experienced Immigration Attorney
The immigration lawyers at SG Legal Group, LLC have helped couples decide their path to citizenship through fiance and marriage visas for an extended period of time. We have the knowledge and experience to guide you through the process and law so that you and your fiance can make the best decision. Call us at (410) 618-1288 or fill out an online contact form today.
FAQ
Can I Apply For A K-3 Visa?
You can only apply for a K-3 visa if you are married to a U.S. citizen and your spouse has already filed a Form I-130, Petition for Alien Relative, on your behalf. The K-3 visa is intended to allow the spouse of a U.S. citizen to enter the United States while waiting for their immigrant visa to be processed. However, the K-3 visa is rarely used, as the CR-1 spousal visa offers the same benefits but is faster and cheaper. Additionally, if your spouse is a green card holder rather than a U.S. citizen, you would not be eligible for a K-3 visa.
Can A Person On A Fiancé Visa Work In The United States?
Once a person enters the United States on a K-1 fiancé visa, they may apply for work authorization by filing Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS). After receiving approval, the person can work in the U.S. while waiting for their marriage to take place and their adjustment of status application to be processed. However, it’s important to note that the work authorization is not automatic and requires a separate application process.
Can I Apply For A K-1 Visa If My Partner Is A Green Card Holder?
No, a K-1 visa is only available for fiancés of U.S. citizens. If your partner is a green card holder, they can sponsor you for a spousal visa (CR-1 or IR-1), which allows you to enter the U.S. as their spouse once the visa is approved. However, the processing time for a spousal visa is typically longer than that of a K-1 visa.
Is A K-1 Visa More Affordable Than A Marriage Green Card?
In terms of upfront costs, the K-1 visa may be more affordable than a marriage-based green card. This is because the K-1 visa requires only one application fee and fewer supporting documents, while the marriage-based green card requires multiple fees and extensive documentation. However, it’s important to note that the K-1 visa is only a temporary visa and does not grant permanent residency. Once you enter the United States on a K-1 visa, you will need to apply for adjustment of status to become a lawful permanent resident, which can be costly. On the other hand, a marriage-based green card application grants permanent residency status from the outset. Additionally, the total cost of obtaining a marriage-based green card depends on individual circumstances, such as legal fees and travel expenses.
Can A Person Who Enters The United States On A Fiancé Visa Apply For U.S. Citizenship?
Yes, a person who enters the United States on a K-1 fiancé visa may be eligible to apply for U.S. citizenship, but they must first obtain lawful permanent resident (LPR) status, commonly known as a green card. After obtaining a green card through marriage to the U.S. citizen petitioner, the individual must meet additional eligibility requirements, such as continuous residence and physical presence in the U.S., good moral character, and knowledge of English and U.S. civics, before they can apply for naturalization and become a U.S. citizen.