K-1(Fiancé Visa) or CR-1 (Marriage-Based Spousal Visa)? How to determine which one is the right fit for you?

What are important factors to know before deciding which visa is the right fit for you?

Before we discuss this topic, it is important to understand the definitions of these visas and who is eligible for each.

K-1 Fiancé Visa:

A K-1 Fiancé visa is for engaged but not yet married couples. Here, “Marriage” only means a civil marriage, meaning you must have registered your marriage with a registry and received a marriage certificate. The couples must have plans to get married in the United States within 90 days of the foreign national fiancé’s arrival to the United States. A K-1 visa is a temporary visa allowing the foreign national fiancé to enter the US to get married to the petitioning fiancé. The petitioning fiancé must be a US citizen as it is a benefit given to only US citizens (a permanent resident is not eligible for a K-1 Fiancé visa). Shortly after getting married to the US citizen fiancé, the foreign national fiancé should apply for a green card application through Form I-485 to adjust legal status to become a permanent resident. If you receive a 2-year conditional green card, you need to make sure to remove this conditional residency on your green card by filing a Petition to Remove Conditions on Residence within 90 days of your conditional green card’s expiration date.

CR-1 Spousal Visa:

A CR-1 spousal visa is for already married couples or couples who plan to be married (Civil marriage) outside the US. The visa allows the immigrating spouse to enter the US with an approved CR-1 visa and receive a green card shortly after his/her arrival in the US. 90 days before the conditional green card expires, she must file Form I-751 to remove her conditional residency and obtain her unconditional permanent resident card, which is good for 10 years and renewable permanently. For a CR-1 visa, the petitioning spouse can be either a US citizen or a permanent resident.

Differences between K-1 and CR-1

1. K-1 visa processing times, procedures, and rules

The first step for couples seeking this K-1 route is filing Form I-129F with USCIS. The average processing time for getting approval for I-129F is about 4-7 months. There are several documents you need to provide and prove to USCIS when filing the Form. Insufficient documents or mistakes on the Form may lead to a case denial and delay the whole process.

Once this first step is done, your approved case file is transferred to the National Visa Center (NVC), and NVC will notify you or your attorney about the next steps. The next steps include filing your foreign national finance’s non-immigrant visa application (DS-160) and providing the requested civil documents. Depending on how promptly you can gather and submit all necessary documents, this NVC processing time can be shortened or delayed. Once the case is documentarily qualified, the case will be in line for the visa interview at the US Embassy or consulate in the foreign national fiancé’s home country, which generally takes about a month from the case is documentarily qualified (some people get their interview notice in 2-3 weeks).

The interview notice will instruct you on what documents you must bring to the interview. The foreign national fiancé attends the visa interview, and the result is announced on the site. In a rare case, the interviewing officer may request additional evidence. Once the K-1 visa is approved, the foreign national fiancé must enter the US before the K-1 expires and get married to the US citizen fiancé within 90 days. Then, the foreign national fiancé must apply to adjust her status from a K-1 to a green card shortly afterward. In doing so, the fiancé can apply for a work permit and travel permit while the green card application is pending so he/she can start working and travel.

If you are not married yet but plan to marry your loved one soon in the US and want to have your life together in the US as soon as possible, K-1 can be a good option. The K-1 also gives you a 90-day trial period to see if you two are really a good fit and can live a life together.

2. CR-1 visa processing times, procedures, and rules

As mentioned earlier, the CR-1 visa is for already-married couples who plan to marry outside the US. In this case, the first step is filing Form I-130 with USCIS. USCIS must approve the I-130 Form so your immigrant spouse can have a consular interview. The current processing time for Form I-130 is about 12-14 months.

Once the first USCIS step is done, the case file will be transferred to the NVC, and the immigrating spouse must file her immigrant visa application form (DS-260) and civil documents. Once documentarily qualified, the US embassy or consulate in the immigrating spouse’s home country will notify you of the visa interview. An Affidavit of Support document (Form I-864) must also be submitted online, and the associated fee must be paid. The USCIS immigrant fee and NVC fee are also required for the visa process.

Please note, if the petitioning spouse is NOT a US citizen but a permanent resident (green card holder), step 2 (interview process) may take months or a year or more as it is subject to visa limitations. The I-130 priority date must be current on the month’s visa bulletin to schedule an interview for your immigrating spouse. A small tip is, if the petitioning spouse is a permanent resident (green card holder), it is important to file Form I-130 and get the earliest priority date as soon as possible so your immigrating spouse’s case file can be in line as early as possible. The “Priority Date” determines the visa cutoff date, and the date USCIS receives your I-130 Form is your priority date. If the petitioning spouse is a US citizen, visa numbers are always available, and the process is much faster.

Once the immigrating spouse passes the interview at the consulate, he/she receives an immigrant visa (CR-1) attached to the passport and can enter the US. The immigrant spouse can immediately work and travel outside the US with the CR-1 visa and receive a green card in the mail within 1-3 months of arrival to the US.

If you plan to get married or engaged soon, having a strategic plan is always helpful to avoid complicating your future immigration process. If you have any additional questions or need a personalized consultation tailored to your situation, please do not hesitate to reach out to speak with an attorney and get your immigration journey started.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult an attorney. Immigration Law Office of Amy Chung, PLLC, is NOT responsible for any decisions made based on the information provided on our website without the firm’s legal representation. Legal representation is ONLY established upon the mutual signing of a Legal Services Agreement AND the prospective client’s payment of the required attorney fee.