Fiancé visas and spouse visas allow a U.S. citizen to bring their foreign-national partner to the United States, but the processes, costs, and requirements differ significantly between the two. Here’s what you need to know about these two similar yet distinct visas and what you can expect as you pursue one.
Overview of Fiancé and Spouse Visas
U.S. citizens can bring a foreign partner to the U.S. through a K-1 Fiancé Visa or a CR-1 Spouse Visa. The K-1 visa allows an engaged partner to enter the U.S. but requires marriage within 90 days and a separate green card application. The CR-1 visa is for married couples, which takes longer to process, but the foreign spouse is granted permanent residency upon arrival. The main difference is timing, as the K-1 allows faster reunification, while CR-1 avoids extra paperwork after entry.
Key Differences Between the K-1 and CR-1 Visa
An applicant’s eligibility for these visas depends on their relationship status. A K-1 visa requires the couple to have met in person at least once within the preceding two years and plan to marry in the U.S., while a CR-1 visa requires proof of marriage before applying.
Processing times vary. K-1 visas take about 6–15 months, while CR-1 visas average 12–18 months. Though the K-1 allows faster entry, the green card process extends the timeline.
Work authorization also differs. K-1 holders must apply separately, while CR-1 holders can work immediately as permanent residents.
The Fiancé Visa Application Process
The K-1 visa process starts with the U.S. citizen filing Form I-129F with USCIS. After approval, the fiancé(e) attends an interview at a U.S. embassy or consulate. If granted a visa, they must enter the U.S. within six months and marry within 90 days.
After marriage, the foreign spouse must apply for a green card by filing Form I-485, which includes biometrics, an interview, and waiting time. Until approved, they remain on temporary status and must apply separately for work authorization.
Spouse Visa Requirements and Processing Time
A CR-1 spouse visa requires that the couple be legally married before starting the application process. The U.S. citizen spouse must file Form I-130, Petition for Alien Relative with USCIS. Once approved, the case is sent to the National Visa Center (NVC), which collects additional documents before scheduling an interview at the U.S. consulate in the spouse’s home country. The foreign spouse can enter the U.S. with lawful permanent resident status if the visa is approved.
A major benefit of the CR-1 visa is that the foreign spouse receives their green card upon arrival. This fact eliminates the need for an additional Adjustment of Status application. While the processing time is longer than that of the K-1 visa, it is often more efficient because it avoids extra steps.
Costs of K-1 and CR-1 Visas
K-1 and CR-1 visas vary, but the K-1 visa is often more expensive overall because it requires multiple applications. The K-1 visa process includes government filing fees for the fiancé visa petition, embassy interview, and medical exam. There are separate fees for the green card application and work authorization. This means couples applying for a K-1 visa may end up paying thousands of dollars over time.
The CR-1 visa process also involves government fees for the marriage petition, medical exam, and visa processing. However, the CR-1 results in immediate permanent residency, there are no extra fees for an Adjustment of Status application later. As such, it is the more cost-effective option in the long run.
Which Visa Is Right for You?
Assuming you’re not currently married to your partner, deciding between a fiancé visa vs spouse visa essentially comes down to your circumstances and priorities. If being together in the U.S. as soon as possible is the most critical factor, the K-1 visa may be the right choice, even though it requires additional steps after marriage. If you prefer a more streamlined process with fewer applications and lower costs, the CR-1 visa is likely the better option.
Our Austin immigration attorneys can help if you’re unsure which visa is right for your situation. We’ll walk you through the application process, explain your options, and handle the legal requirements with the goal of avoiding unnecessary delays.
Need Help with U.S. Immigration?
The immigration process can be overwhelming, but you don’t have to go through it alone. Whether you’re considering a marriage visa vs a fiancé visa, the experienced team at Jang Attorneys can provide the legal guidance you need.
Contact us here to schedule a consultation and take the next steps toward bringing your fiancé(e) or spouse to the United States.
