Fiancé Visa (K-1) vs. Marriage-Based Visa (CR-1/IR-1)

Confused about K-1 fiancée visas and marriage-based visas? Here’s a simplified breakdown to help you understand the key differences and choose the right option:

The Crux:

The primary distinction lies in when the marriage takes place and the visa application process:

Fiancé Visa (K-1):

• Purpose: Designed for foreign nationals engaged to U.S. citizens, allowing them to enter the US and marry within 90 days.

• Process:

  1. U.S. citizen files a petition (Form I-129F) with USCIS.

  2. Upon approval, the petition goes to the National Visa Center (NVC) and then to the US Embassy/Consulate in the fiancé(e)’s country.

  3. Fiancé(e) applies for the K-1 visa and attends an interview.

  4. After approval, the fiancé(e) travels to the US.

  5. The couple must get married within 90 days.

  6. After marriage, the foreign spouse applies for a green card (adjustment of status).

Marriage-Based Visa (CR-1/IR-1):

• Purpose: For foreign nationals already married to U.S. citizens (CR-1) or permanent residents (IR-1).

• Process:

  1. U.S. spouse files a petition (Form I-130) with USCIS to prove a bona fide marriage.

  2. Upon approval, the petition goes to the NVC and then to the US Embassy/Consulate where the foreign spouse resides.

  3. Foreign spouse applies for the immigrant visa (CR-1 or IR-1) and attends an interview.

  4. After approval, the foreign spouse travels to the US.

  5. The foreign spouse enters the US as a permanent resident.

Key Differences:

• Marriage Timing: K-1 for marrying in the US, Marriage-based for already married couples.

• Initial Application: K-1 uses Form I-129F, Marriage-based uses Form I-130.

• Green Card Process: K-1 holders apply for adjustment of status after entering the US, Marriage-based visa holders enter as permanent residents.

Choosing the Right Visa:

The type of visa you need depends on your specific situation. If you’re already married, a marriage-based visa is the way to go. If you’re engaged and plan to marry in the US, then the K-1 visa is the appropriate option.

Seeking Guidance:

Remember, this is a general overview. Individual circumstances might require further research or consulting an immigration expert on us immigration consultants to be help with all your process with the best attention!