Fiancé(e) (K-1) visa and a marriage sponsored immigrant visa
What is the difference between a fiancé(e) (K-1) visa and a marriage sponsored immigrant visa through a U.S. citizen?
Depending on whether your partner is a fiancé(e) or a spouse, you will go through one of two types of visa applications. We are often asked at RLG which one is the optimal visa pathway when the couple is yet unwed. Below is a brief explanation of the fiancé(e) visa and the marriage-sponsored immigrant visa.
Fiancé(e) (K-1) Visa
If you are a U.S. citizen, and you want to bring your fiancé(e) into the U.S. for the purpose of marrying them, you will go through the fiancé(e) (K-1) visa application process.
This type of visa is designed so you, the U.S. Citizen, and your fiancé(e), can get married within 90 days of the fiancé(e) entering the U.S. as a K-1 nonimmigrant. Your eligibility is based on your status as a U.S. citizen as well as your intent to marry within 90 days. If approved, the visa is valid for up to 6 months for a single entry.
The first step in this process is for you, the U.S. Citizen, to file Form I-129F: Petition for Alien Fiancé(e). Once this form is approved, USCIS will send the file to the Department of State National Visa Center (NVC). The NVC will then forward the DS-160, the Online Nonimmigrant Visa Application to whichever U.S. Consulate or Embassy your fiancé(e) plans to apply for their visa, and in some cases, schedule the interview. To receive approval, you and your fiancé(e) must meet the evidential requirements of the U.S. Consulate or Embassy and have a favorable interview with a consular officer.
This process is different from a marriage sponsored immigrant visa through a U.S. Citizen.
Marriage-Sponsored Immigrant Visa through a U.S. Citizen
Unlike a K-1 visa, marriage-sponsored immigrant visas require you to hold a spouse (legal husband or wife) that is a U.S. Citizen. You are not eligible if you only hold status as a fiancée, or even if you intend to get married in the future.
If your spouse is currently and legally inside the U.S., you will file Forms I-130 and I-485 at the same time. Form I-130 is the Petition for Alien Relative and Form I-485 is an application for Adjustment of Status or Register for Permanent Residence.
If your spouse is outside of the U.S., you will only file Form I-130. Upon approval, information will be sent to the Department of State National Visa Center (“NVC”) where you will be invited to complete a form DS-260, Online Immigrant Visa Application, and upload evidence. Once completed and you are documentarily approved, your case will be transferred for processing by the U.S. Consulate or Embassy, including an interview.
Two types of immigrant visas for spouses of U.S. Citizens include CR1 and IR1. If you and your spouse have been married for less than two years upon arrival, the spouse can receive a “conditional” residence CR-1 VISA. If you and your spouse have been married for more than two years upon green card approval, the spouse can receive an immediate relative or IR-1 visa.