One of the most significant decisions for those navigating the U.S. immigration system is whether to bring their significant other to the United States as a spouse or fiancé. While both options offer a path to being together with your loved one in the U.S., they come with distinct advantages and considerations. In this blog, we'll explore the factors to consider when deciding whether to bring your partner over as a spouse or fiancé, keeping in mind the requirements and processes involved in each case.

The K-1 Fiancé Visa

If you are engaged and plan to get married in the United States, the K-1 Fiancé Visa might be the right choice for you. This visa allows your fiancé to enter the U.S. for the purpose of getting married within 90 days of their arrival. Here are some points to consider: ( I will write a familiar tone in parentheses to give you a sense of the reality behind the logical comments)

1. Faster Processing: K-1 visas typically have a shorter processing time compared to spousal visas. (Less so now after Covid as it used to be 5-6 months not anymore)
   
   
   

2. Conditional Residency: After getting married, your fiancé can apply for adjustment of status to become a lawful permanent resident (green card holder). Keep in mind that this initial green card is conditional, which means you'll need to file a joint petition to remove the conditions later. ( This is now the longest wait period of any family sponsorship application)

3. Meeting the Fiancé: You must have met your fiancé in person within the two years before filing the petition. Exceptions to this requirement may apply in certain cases. ( I find the exceptions are not worth the extra worry and possible denial so we are very cautious on this as an exception)

4. More Expensive: Yes filing a fiancé in the long run is more expensive than a spousal visa and longer but if you are not in a rush then its fine.

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

If you are already married, the CR-1 (Conditional Resident) or IR-1 (Immediate Relative) visa is a good  choice. This visa is designed for spouses of U.S. citizens and lawful permanent residents. Here's what to consider:

1. Immediate Green Card: Spouses of U.S. citizens receive an immediate green card upon entry to the U.S., granting them permanent residency. (If you want a social security card and the person to work then this is definitely a big plus)

2. Spousal Relationship: It's crucial to be legally married to qualify for this visa. Same-sex marriages are recognized, provided they are legally valid in the jurisdiction where the marriage occurred. (USCIS can be challenging in this area if you have had a short relationship or also a large age difference) We can work those challenges but know you had better prepare accordingly.

3. Proof of Legitimate Marriage: You will need to provide substantial evidence of your genuine and ongoing marital relationship. (This is part of building the story so USCIS can determine from their perspective a true relationship.

   
   

Factors to Consider

When deciding between the fiancé or spousal visa, there are several factors to consider:

1. Marital Status: If you are not yet married, the fiancé visa is the logical choice. However, if you are already married, the spousal visa is the appropriate route. (If you are not sure we can offer some guidance on what we have seen in the past)

2. Timing: Consider the processing times for each visa. Fiancé visas generally have shorter processing times, but you will need to get married within 90 days of your fiancé's arrival. (This has some particular aspects to it when you do the original filing such as it needs to be noted in the paperwork to USCIS with the I-129F.

3. Travel and Costs: Fiancé visas require two international trips – one for the U.S. citizen to visit the fiancé, and another for the fiancé's arrival in the U.S. Spousal visas may involve just one trip. ( This can be very important especially if you are traveling to an expensive area or an expensive flight, you might want to consider staying longer and getting married right away)

4. Stability of Relationship: Evaluate the stability of your relationship. Are you sure about your commitment to each other? Marrying someone just to facilitate immigration is not a good idea. (Its also against the law to marry for your immigration papers)

5. Additional Requirements: Be aware of the specific requirements and documentation needed for each visa category. (The devil is in the details we have seen it and thats why the extra money to spend for an expert is worth it. You dont want to explain to your fiance or spouse how you wanted to save money but now you have to apply again because you made a critical error) The couch is no place to sleep:)

Conclusion

Choosing between the fiancé and spousal visa largely depends on your specific situation, including your marital status, timing, and the nature of your relationship. 

Whether you decide to bring your loved one as a fiancé or spouse, the ultimate goal is to reunite and build a life together in the United States. Take the time to understand the process, gather the necessary documentation, and ensure that your relationship is genuine and strong as it will be a journey on the filing.