If you’re planning to start your life together in the U.S. with your partner, understanding the right visa option is key. The U.S. immigration system can be tricky, but there are two main visa choices for couples: the K-1 fiancé(e) visa and the CR-1 spousal visa. This guide will help you understand how each visa works, so you can choose the best option for your situation.
What’s the Difference Between a Fiancé Visa and a Marriage Green Card?
K-1 Fiancé(e) Visa:
The K-1 visa is for couples who are engaged and plan to marry in the U.S. It’s a temporary visa that allows your fiancé(e) to enter the U.S. to get married. After marriage, they can apply for a Green Card to become a permanent resident.
CR-1 Spousal Visa:
The CR-1 visa is for couples who are already married or plan to marry abroad. It allows your spouse to enter the U.S. as a permanent resident and receive a Green Card immediately. After two years of marriage, your spouse can apply to remove the conditions on their Green Card for unconditional permanent status.
While both visas lead to living together in the U.S. as permanent residents, the process for each visa is different. Your decision will depend on factors like processing time, costs, and your goals as a couple.
A Note on K-3 Visas:
The K-3 visa is used to allow spouses of U.S. citizens to enter the U.S. while waiting for their Green Card approval. However, the CR-1 visa is now a faster and more cost-effective option, making the K-3 visa obsolete.
Comparing the K-1 Fiancé Visa and Marriage Green Card
Here’s a closer look at the pros and cons of each visa:
Benefits of the K-1 Fiancé(e) Visa
- Faster Processing: The K-1 visa typically takes 4-7 months to process.
- Wedding in the U.S.: If you want to marry in the U.S., the K-1 visa is your only option.
- “Trial Period” Before Marriage: The K-1 visa lets you live together in the U.S. for up to 90 days before getting married, which can help you decide if you’re truly compatible.
Benefits of the CR-1 Spousal Visa
- Permanent Residency Right Away: Your spouse will receive a Green Card as soon as they arrive in the U.S.
- Immediate Work Authorization: Your spouse can work in the U.S. right away without needing to apply for a separate work permit.
- Wedding Flexibility: You can marry when it’s convenient for you without the 90-day time limit imposed by the K-1 visa.
- Unrestricted Travel: Your spouse can travel freely in and out of the U.S. once they have their Green Card.
- Potential Cost Savings: If you’re considering a proxy wedding, it may be a more affordable option for the CR-1 visa.
Fiancé Visa vs. Marriage Green Card Processing Times
Here’s an overview of the processing times for both visas based on current estimates:
- K-1 Fiancé(e) Visa: 4-7 months
- CR-1 Spousal Visa: 11.4–15 months
Keep in mind that processing times can vary depending on several factors.
Which Visa is Better for You?
The best choice depends on your circumstances:
- K-1 Visa: Ideal if you want to marry in the U.S. and need a faster process.
- CR-1 Spousal Visa: Perfect if you’re already married and want your spouse to get a Green Card and work permit as soon as they arrive in the U.S.
- Cost: The K-1 visa may have lower initial costs, but it can end up being more expensive overall due to additional Green Card application fees after marriage.
Frequently Asked Questions
Can I apply for a K-3 visa?
The K-3 visa is no longer commonly used. The CR-1 visa offers a quicker and more affordable option.
Can CR-1 visa holders work in the U.S.?
Yes, CR-1 visa holders can work as soon as they arrive in the U.S. without needing a separate work permit.
Can I apply for a K-1 visa if my partner is a Green Card holder?
No, only U.S. citizens can sponsor a fiancé for a K-1 visa. A Green Card holder can sponsor a spouse for a CR-1 visa.
Which visa is more affordable, K-1 or CR-1?
The K-1 visa has the same initial filing fee as the CR-1 visa, but the K-1 process can be more expensive in the long run due to additional steps, such as applying for a Green Card after marriage.
Can I work in the U.S. immediately after arriving on a K-1 visa?
No, you must marry within 90 days and apply for a Green Card (adjustment of status) before you can work in the U.S. with a K-1 visa.
Which visa has a higher approval rate?
The CR-1 visa generally has a higher approval rate than the K-1 visa. K-1 visas have about a 25% denial rate, while CR-1 visas are approved about 91% of the time.
What happens if my fiancé leaves me after marriage on a K-1 visa?
If your fiancé leaves you after marriage, you may be eligible for a conditional Green Card waiver. This can be a complicated process, so it’s advisable to consult with an immigration attorney.
What is the processing time for a CR-1 visa in 2024?
The current processing time for a CR-1 visa is 11.4–15 months for U.S. citizen petitioners and 29–40 months for Green Card holder petitioners.
How does the cost of applying for a fiancé visa compare to a marriage green card?
The costs associated with applying for a fiancé visa (K-1) and a marriage green card (spousal visa) differ significantly, primarily due to the number of processes involved in each route.
Fiancé Visa (K-1)
- Total Government Fees: Approximately $2,025.
- This includes:
- Form I-129F Filing Fee: $535
- NVC Visa Fee: $265
- Form I-485 Filing Fee (for adjustment of status): $1,140
- Biometrics Fee: $85
- This includes:
- Additional Costs: Potential expenses such as medical exams, translations, and legal services may apply.
Marriage Green Card
- Total Government Fees: Approximately $1,200.
- This includes:
- Form I-130 Filing Fee: $535
- Financial Support Form Fee: $120
- NVC Processing Fee: $325
- USCIS Immigrant Fee: $220
- This includes:
- Additional Costs: Similar to the fiancé visa, other costs may include medical exams and legal fees.
Summary of Differences
- The fiancé visa is generally more expensive due to the two-step process: first obtaining the K-1 visa and then applying for the green card after marriage. In contrast, the marriage green card process is more cost-effective as it involves a single application process after the couple is married outside the U.S. or through consular processing.
- While the fiancé visa can be processed faster (typically within 9-15 months), the marriage green card process may take longer (11-32 months) but is less costly overall
Choosing between a K-1 fiancé visa and a CR-1 marriage Green Card depends on your situation, timeline, and what matters most to you as a couple. Both visas ultimately allow you to build your life together in the U.S., but understanding the differences will help you make an informed decision.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for a CR-1 Visa or an IR-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.
