Are you in a loving relationship with a foreign national and considering bringing them to the United States? Navigating the U.S. immigration system can be complex, but it’s important to choose the right visa option for your specific situation. In this handy guide, JCL Immigration Attorneys compares the fiancée visa (K-1) and the spousal visa (IR-1) to help you determine which one is best suited for you and your partner.
Fiancée Visa (K-1 Visa)
The K-1 visa is designed for the fiancé(e)s of U.S. citizens who are seeking to enter the U.S. for the purpose of getting married. Both parties must be legally free to marry and intend to marry each other within 90 days of the foreign national’s entry into the United States.
Requirements:
- The U.S. citizen petitioner must have met their fiancé(e) in person within the two years before filing the petition unless the meeting would violate long-established customs or create extreme hardship.
- Both parties must be eligible to marry under U.S. law.
- The petitioning U.S. citizen must meet certain income requirements to sponsor the foreign fiancé(e) for the K-1 visa.
Process:
- The U.S. citizen petitioner must file Form I-129F with U.S. Citizenship and Immigration Services (USCIS).
- Once the petition is approved, the foreign fiancé(e) will apply for the K-1 visa at the U.S. embassy or consulate in their home country.
- After entering the U.S., the foreign fiancé(e) and the U.S. citizen petitioner must marry within 90 days.
Spousal IR-1 Visa
The IR-1 visa is intended for spouses of U.S. citizens. It is also available for the spouses of lawful permanent residents (LPRs), but the process may take longer due to visa number limitations.
Requirements:
- The marriage between the petitioner and the foreign national spouse must be legally valid.
- The petitioner must be a U.S. citizen or lawful permanent resident.
Process:
- The U.S. citizen or LPR petitioner must file Form I-130 with USCIS to establish the relationship with the foreign spouse.
- Upon approval of the I-130 petition, the foreign spouse can apply for an immigrant visa at the U.S. embassy or consulate in their home country.
- After entering the U.S. with an immigrant visa, the foreign spouse becomes a lawful permanent resident upon arrival.
Which Type of Visa is Best for Me?
Here are the key differences and considerations to help you weigh the pros and cons and decide which visa is best for your situation.
- Processing Time: The K-1 visa process generally takes less time than the spousal IR-1 visa process. However, once the foreign fiancé(e) enters the U.S. and gets married, they will still need to adjust their status to become a lawful permanent resident, which involves additional paperwork and fees.
- Legal Marriage: The K-1 visa requires the couple to marry within 90 days of the foreign fiancé(e)’s entry into the U.S. Conversely, the spousal IR-1 visa is for couples who are already legally married.
- Intentions and Logistics: Choosing between the two visas depends on your specific situation, including where you plan to get married, your timeline, and your long-term immigration goals.
Arizona Family Petitions Immigration Lawyer
Ultimately, the choice between the fiancée visa and the spousal IR-1 visa depends on your unique circumstances, including your relationship, location, and immigration goals. Both visas have their own set of requirements and implications, so it’s crucial to thoroughly evaluate your situation and seek professional advice to make an informed decision.
Consulting with an experienced Family Petitions Immigration Lawyer from JCL Immigration Attorneys can provide valuable insight and guidance tailored to your individual circumstances. Contact us today to schedule a consultation and learn more about the laws and guidelines that apply to your specific case.