Immigration by Marriage: Your Options for a Spouse or Fiancé Visa

If your priority is to become married as soon as possible, it will generally be quicker to marry outside the United States. The K-1 visa processing time is several months. If you do opt to marry outside the United States, the U.S. citizen won't be able to file Form I-130 until you have married and have evidence of that marriage (marriage certificate).

If your goal is to be together in the United States as soon as possible, the K-1 visa is generally the fastest path. From the date of filing to the date of admission to the U.S., the K-1 visa processing time is typically a little shorter than the I-130 processing time. Current conditions, service center case loads and your particular case could vary in length.

Many foreign nationals may consider entering on a B-2 visa or visa waiver program for the purpose of marriage or adjusting status. This is not recommended. Although many people do it successfully each year, it is a visa violation to have a preconceived intent to adjust status when entering the U.S. on most nonimmigrant visas.

Congress did introduce the K-3 visa for the spouses of U.S. citizens to reduce family separation. By design, the U.S. citizen may request a K-3 visa for a foreign spouse by filing Form I-129F. (You may file Form I-129F concurrently with Form I-130 or after filing the I-130 petition.) The K-3 visa allows the foreign national spouse to enter the United States to either await consular processing or simply apply for the green card through adjustment of status. In practice, the U.S. State Department rarely issues the K-3 visa. Generally, the State Department approves the immigrant visa petition first, rendering the K-3 unnecessary.

The supporting documents that you'll need to submit for each process are very similar. Perhaps the most underestimated requirement is the need to prove that a bona fide relationship exists. Marriage fraud, using fictitious marriage information to circumvent immigration laws, has historically been a problem area for U.S. immigration officials. You must do more than produce a marriage certificate. You must demonstrate that a genuine relationship exists.

CitizenPath provides immigration services to help you prepare a petition for either visa. In addition to your prepared forms, CitizenPath provides you with customized filing instructions are customized to your answers in the petition so you know what to do for your specific situation. The filing instructions provide detailed directions on supporting documents and how to organize your petition.

Each path requires slightly different forms with various fees. If costs are a major concern, obtaining the spouse-based immigrant visa (CR-1 or IR-1) will generally be less expensive.

If the immigrant fiancé travels frequently, consider this factor when deciding between the K-1 visa or CR-1/IR-1 visa. A K-1 visa is valid for a single entry. International travel is not permitted until the foreign spouse files a Form I-485, Application to Adjust Status, along with an Application for Advance Parole (Form I-131). USCIS may not issue the advance parole document for 3 to 5 months after filing. If the foreign spouse travels abroad before an advance parole document is obtained, USCIS will consider the adjustment of status application abandoned. But a CR-1 or IR-1 spouse that entered the U.S. with an immigrant visa can travel abroad immediately. An immigrant visa holder is a permanent resident upon admission to the U.S. Additionally, the K-3 visa facilitates international travel. It can be used for multiple entries to the U.S. and is valid for up to two years.