If you have a foreign fiance or spouse you have various marriage visa options to bring them to the U.S. and get their Green card through marriage.
Many people get confused with the numerous options available. We have highlighted the major differences between the various marriage visas below to help you quickly identify which ones can apply to you.
OPTION 1Adjustment of Status |
OPTION 2K1 Fiance Visa |
OPTION 3K3 Spouse Visa |
OPTION 4CR1/IR1 Spouse Visa |
|
| Need to be Married: | Yes. (Civil marriage is sufficient) | No. | Yes. (Civil marriage is sufficient) | Yes. (Civil marriage is sufficient) |
| Fiance/Spouse Location: | Spouse is living in the USA entering with valid visa. | Fiance(e) is living outside of the USA. | Spouse is living outside of the USA. | Spouse is living outside of the USA. |
| Requirement to Have Met: | Yes. Must show a marriage bond has been created. | Yes. Must have met in last 2 years. | No, but recommended. Must show a marriage bond has been created. | No, but recommended. Must show a marriage bond has been created. |
| How Application begins: | U.S. citizen files initial Adjustment of Status Application. | U.S. citizen files initial K1 Fiance Visa Application. | U.S. citizen files initial K3 Spouse Visa Application. | U.S. citizen files initial CR1 Spouse Visa Application. |
| U.S. Consulate Involved: | No. | Yes. U.S. Consulate will send paperwork request. Fiance needs to complete it. | Yes. U.S. Consulate will send paperwork request. Spouse needs to complete it. | Yes. U.S. Consulate will send paperwork request. Spouse needs to complete it. |
| Marriage Interview: | Possible interview at USCIS Office. Will get approval of Green card at this time. | Fiance will have interview at U.S. Consulate. Will get approval of K1 Visa at this time. | Spouse will have interview at U.S. Consulate. Will get approval of K3 Visa at this time. | Spouse will have interview at U.S. Consulate. Will get approval of CR1/IR1 Visa at this time. |
| Where is Visa Obtained: | Stamp in passport and Green card mailed to spouse. | U.S. Consulate will mail K1 Visa to Fiance. | U.S. Consulate will mail K3 Visa to Spouse. | U.S. Consulate will mail CR1/IR1 Visa to Spouse. |
| Together for Visa Processing: | Yes. Spouse in the USA. | No. Fiance in their country. | No. Spouse in their country. | No. Spouse in their country. |
| Ability to Travel to U.S.: | Not applicable, but the spouse should not leave the U.S. until Travel authorization received. | Yes, in some cases. | Yes, in some cases. | Yes, in some cases. |
| How to obtain Green card: | Approved at marriage interview and sent via mail. | After K1 visa, get married, file for Adjustment of Status. | After K3 visa, file for Adjustment of Status. | Received immediately upon entry into the U.S. |
| USCIS Fees: | $1140 or $1675 (with I-130) | $535 + Consulate Fees | $535 + Consulate Fees + Adjustment of Status Fees |
$535 + Consulate Fees |
| Marriage Visa Processing Time: | 4-6 months | 4-7 months | 8-10 months | 9-11 months |
| Other Notes: | The quickest and cost effective solution. Foreign spouse must have entered legally into the U.S. on another visa. | You must get married within 90 days of entering the U.S. on K1 Visa. | Consider using CR1 spouse visa. Costs more than CR1 and almost the same processing time. | Best Spouse visa option. CR1 issued if married under 2 year. IR1 is issued if you have been married over 2 years. |
| Learn More | Adjustment of Status | K1 Visa | K3 Visa | CR1/IR1 Visa |
1. Get your Questions Answered.
If you have any questions about your situation, email us at: support@tnvisaexpert.com
2. Use the Automated Marriage Visa Streamline System
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You will:
Author Jacob Sapochnick serves as the Managing Partner/CEO of a prominent law firm that focuses on immigration law. Boasting an extensive legal background spanning over a decade, he adeptly merges his enthusiasm for law with cutting-edge technology to aid clients worldwide in their journey to immigrate to the United States.