Fiancé Visa or Marriage Green Card? Differences You Must Know Before Applying
Shawn Sedaghat, Esq.
If you’re engaged or married to a foreign spouse and you’re a U.S. citizen, you might be wondering which immigration path to take: the fiancé visa vs marriage green card.
Both options lead to your partner living with you in the United States, but they differ significantly in processing time, costs, and requirements.
In this article, we’ll break down the differences between the fiancé visa and the green card for marriage, helping you understand which is best for your situation.
What Is a Fiancé Visa (K-1 Visa)?
A fiancé visa, also known as a K-1 visa, allows the fiancé of a U.S. citizen to enter the United States with the sole purpose of getting married. Once the couple gets married within the required 90 days, the foreign spouse can apply for a green card through adjustment of status, ultimately becoming a permanent resident.
Key Features of the K-1 Fiancé Visa
- Faster Entry into the U.S.: The K-1 tends to have a shorter time to process than other options, usually taking around 8 to 14 months. It allows the couple to be together sooner, which is a huge benefit for many.
- Must Marry in the U.S.: A key feature of the K-1 is that it requires you to get married in the United States. You have 90 days after your fiancé arrives to officially tie the knot. After marriage, the foreign spouse must apply for a marriage green card to become a permanent resident.
- Additional Paperwork and Costs: Although the fiancé visa gets your partner into the U.S. quickly, it requires more paperwork later. After the marriage, you’ll need to go through the adjustment of status process, which involves additional fees. Overall, the process might cost more than a marriage visa.
The fiancé visa is an excellent option for couples who want to get married in the United States and begin their life together quickly. But keep in mind that it’s a two-step process: first, the K-1, and then applying for a green card after marriage.
What Is a Marriage Green Card?
A marriage green card, also known as the spouse visa, allows a foreign spouse of a U.S. citizen or permanent resident to live and work in the United States as a permanent resident. Unlike the fiancé visa, a marriage based visa or a spouse visa is an all-in-one solution—once your foreign spouse enters the U.S. on a marriage visa, they are granted permanent resident status immediately.
Types of Marriage Visas
- CR-1 Visa: This marriage visa is for couples who have been married for less than two years. It grants the foreign spouse a two-year conditional green card. After two years, the couple must file to remove the conditions and make the green card permanent.
- IR-1 Visa: The IR-1 visa is for couples married for more than two years. It provides an immediate, unconditional green card upon the foreign spouse’s entry to the United States.
- K-3 Visa: Although not as common today, the K-3 visa allows a foreign spouse to enter the U.S. and live there while their marriage based visa application is being processed. The K-3 visa has largely fallen out of favor due to faster processing duration for marriage visas like the CR-1 and IR-1.
A spouse visa is ideal for couples who are already married or planning to marry outside the U.S. and want to avoid extra steps like adjusting status after arriving in the U.S.
Marriage Green Card vs Fiancé Visa: Key Differences
When comparing the fiancé visa and marriage green card, there are several important factors to consider, including the time for processing, costs, and other logistics. Let’s take a closer look at these differences.
Processing Time
- Fiancé Visa (K-1 Visa): The K-1 typically has a processing time of around 8 to 14 months. However, after getting married in the U.S., the foreign spouse must then apply for a green card through status adjustment, which adds another 6 to 12 months.
- Marriage Green Card (CR-1/IR-1 Visa): The processing time for a marriage visa (either CR-1 or IR-1) is about 10 to 15 months. Once your spouse enters the U.S. on a marriage green card, they are immediately granted permanent resident status, eliminating the need for additional applications.
Costs
- Fiancé Visa (K-1): The initial fee for a K-1 is around $1,000. After marriage, applying for a green card via adjustment of status incurs further fees, pushing the total cost to approximately $3,000.
- Marriage Green Card: The total cost for a marriage visa is generally around $1,200. Since there are no additional applications needed after your spouse arrives in the U.S., this is a more cost-effective option than the fiancé visa in the long run.
Work Authorization
- Fiancé Visa (K-1): Your fiancé cannot work immediately upon arrival in the U.S. They will need to apply for a green card through status adjustment before they can legally work.
- Marriage Green Card: Once your foreign spouse enters the U.S. with a marriage visa, they become a permanent resident and can start working right away without needing to apply for additional work permits.
Travel Flexibility
- Fiancé Visa (K-1): After entering the U.S. on a K-1 visa, your fiancé cannot leave the country until they receive their green card. Leaving the U.S. during this period could lead to abandonment of the status process.
- Marriage Green Card: A foreign spouse entering the U.S. on a marriage visa can travel freely once they arrive, as they are immediately granted permanent resident status.
Why Choose a Fiancé Visa?
The K-1 fiancé visa is a good option for couples who wish to get married in the United States and are eager to begin their lives together. The fiancé visa provides quicker access to the U.S. compared to a marriage visa, but it involves a two-step process: first, getting the K-1 visa, and then applying for a green card through status adjustment after marriage.
Couples looking to get married in the U.S. and who are fine with additional paperwork and costs later on will find the fiancé visa an attractive option. However, it’s always smart to consult an immigration attorney to help navigate this two-step process and make sure all requirements are met.
Why Choose a Marriage Green Card?
The marriage based green card is ideal for couples who are already married or plan to marry outside the U.S. A key benefit of this visa is that the foreign spouse will receive permanent resident status immediately upon entering the U.S., which simplifies the overall process. There’s no need for additional paperwork like adjustment of status after arriving in the country.
Marriage visas are also more cost-effective than the fiancé visa, making it a smart choice for couples who want to avoid additional fees and steps. Consulting an immigration attorney can help you better understand if this route is the best fit for you.
Consulting an Immigration Attorney
When deciding between a fiancé visa and a marriage green card, it’s wise to seek advice from an experienced immigration attorney. They can provide tailored guidance based on your unique situation, ensuring your application is complete and accurate. Whether you’re applying for a K-1 visa or a marriage based green card, an immigration attorney can make the process much smoother and help you avoid potential pitfalls.
Final Thoughts: Which Is Right for You?
Ultimately, the choice between a fiancé visa or a marriage green card depends on your specific circumstances. If you’re excited to get married in the U.S. and can handle the extra steps afterward, the fiancé visa might be your best option. However, if you’re already married or plan to marry outside the U.S. and prefer a more streamlined process, the marriage green card could be the better choice.
Both options allow your foreign spouse to become a permanent resident and live with you in the U.S., but the route you take will affect processing time, costs, and work eligibility. Be sure to carefully weigh these factors and consult with an immigration attorney to make the best decision for your future.
FAQs
Can I apply for a K-1 visa if my partner is a permanent resident?
No, only a U.S. citizen can sponsor their fiancé for a K-1 visa. However, a permanent resident can sponsor their spouse for a marriage visa.What is the processing time for a marriage visa?
The processing time for a marriage visa is usually between 10 to 15 months, depending on various factors such as the country of application and government backlogs.Can my spouse work immediately after arriving on a marriage visa?
Yes, a foreign spouse entering the U.S. on a marriage visa can begin working right away, as they will be granted permanent resident status immediately.Can I travel abroad with a K-1 visa?
No, after arriving in the U.S. on a K-1 visa, your fiancé cannot leave the country until they have their green card. Traveling before this could result in abandonment of the status process.How much does it cost to apply for a fiancé visa vs. a marriage green card?
The overall cost of a fiancé visa and subsequent green card application can be around $3,000. A marriage green card typically costs around $1,200, making it more affordable in the long run.