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which is better fiance or spouse visa

by Burnice Cruickshank DVM Published 3 years ago Updated 2 years ago
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Again, if your spouse just wants to get into the US faster, then the fiancé visa is a better option, but if you overall want to finish the process faster, then do the marriage visa, because you’d came in as a green card holder. Carlos H: So, now you know, that’s the difference between the marriage visa and the fiancé visa for US immigration.

We often get posed which visa is faster, spouse visa or fiancé(e) visa? While the process is very similar, the benefit of a fiancé(e) visa is that they can join you in the country much faster than with a spouse visa. With that being said, however, the cost is significantly higher for a K-1 fiancé(e) visa.Apr 6, 2020

Full Answer

What are the requirements to get a fiance visa?

The fiance visa UK requirements in 2022 are as follows:

  • The application must be submitted from outside the UK
  • There must be an intention for the applicant and sponsor to marry in the UK
  • There must be an intention to settle in the UK
  • The fiance visa UK financial requirement must be satisfied
  • The fiance visa UK relationship requirements must be satisfied

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What documents are needed for a fiance visa?

  • DS-160 confirmation page
  • Birth certificate
  • Police certificates for current country of residence and any country where sponsored fiancé (e) lived for more than 6 months
  • Evidence of financial support (the Affidavit of Support may be required)
  • Proof of relationship with U.S. ...
  • Fee payment

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How to apply fiance visa?

  • Pictures of you and your fiancé together
  • Flight records and/or hotel reservations of trips you took together or to visit each other
  • Letters, emails, or texts that you sent to each other over the years
  • Written statements from family, friends, or colleagues who know that you are engaged.

What is the fiance visa process?

To be eligible for a Fiance Visa USA you must meet the following requirements:

  • Your fiancé (e) is a US citizen.
  • You and your fiancé (e) intend to marry one another within 90 days of your admission to the United States.
  • You and your fiancé (e) are both legally free to marry, ie; any previous marriages have been terminated by divorce, death or annulment.

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Which is easier spouse or fiancé visa?

Citizens, the K1 Fiance Visa is still quicker and simpler for unmarried international couples seeking to get married. Marriage Visas generally take between 5-7 months from the time the I-130 Petition is filed at a USCIS Service Center to the day a Marriage Visa is issued. First, the Petition is filed with the USCIS.

What percentage of fiancé visas are approved?

In 2015, during the Obama Administration, the USCIS approved about 99 percent of all fiancé(e) visa petitions. By late 2018 this figure had fallen to around 67 percent. The lower the fiancé(e) visa approval rate descends, the more attractive a marriage-based green card application is going to look.

Is a spouse visa the same as a fiancé visa?

The fiance visa is only granted for a period of 6 months. Whereas the marriage visa also referred to as the spouse visa is granted for a period of 30 months. The conditions of the 2 visas are different.

How long does a fiancé visa take?

6 to 9 monthsThe exact K-1 fiancé processing times can vary, but many applicants are able to enter the United States within 6 to 9 months. There are multiple steps and the process is handled by multiple agencies from (USCIS) to the National Visa Center to the U.S. Department of State.

Why would a fiancé visa be denied?

There are various reasons why a consular may deny a K1 visa petition, including but not limited to: The petitioner does not meet the necessary requirements. The foreign national does not meet the necessary requirements. The relationship seems suspicious or fraudulent.

What are the benefits of fiancé visa?

What Are the Benefits of a K-1 Visa?The K-1 visa allows you to reunite sooner with your partner compared to a marriage green card — the K-1 typically takes 7 months compared to 10-13 months for the spousal visa.The K-1 visa is a relatively quick pathway to lawful permanent resident status.More items...

Can someone work on a fiancé visa?

You cannot work in the U.S on your K-1 Fiance Visa unless you apply for and receive work authorization after you enter the U.S. You can apply for work authorization by filing a Form I-765, Application for Employment Authorization with USCIS and paying the $410 filing fee.

How long does it take to get a fiancé visa 2021?

The processing time for a K-1 visa application currently averages 7 months. This does not include the time from when the government approves your application to your interview date, which differs based on the country you're applying from.

What are the requirements for spouse visa in USA?

Required Documentation A copy of your civil marriage certificate. A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated.

What happens after fiancé visa is approved?

After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé(e) lives.

How long does spouse visa take 2022?

Spousal Sponsorship I-130 Processing Time 2022 It will usually take anywhere from 7 to 24 months for USCIS to process and approve a spousal sponsorship visa. It can take an additional 6 to 10 months to get an immigrant visa to the US. Learn more about US Spousal Sponsorship.

How Long Does US spouse visa take?

Average time -- Around 10.5 months to get the fiancé visa petition (Form I-129F) approved by USCIS as of early 2022; then another several months to get the K-1 visa from a U.S. consulate; then another two years or longer to get the U.S. green card, depending on which USCIS office is handling it.

How many k1 visas are denied?

According to those statistics, approximately 20,000 K-1 fiancées/fiancés every year are denied visas when they go to their interviews at the embassy. This is nearly 40% of the total number of K-1 visa applicants.

How many k1 visas are approved each year?

In 2015 and 2016, an average of 49,000 I-129F petitions were approved. In 2017 and 2018 an average of 34,000 petitions were approved.

How many people apply for a K-1 visa a year?

34,581 admissionsCompared to other visa types, the K-1 visa has a smaller number of annual admissions. In 2019, the K-1 visa had 34,581 admissions. In comparison, the B-2 tourist visa had 6M annual admissions in 2019. Annual K-1 visas made up only 0.04% of all nonimmigrant visas in 2019.

How long does K-1 visa take 2022?

approximately 9 to 12 monthsAs of March 2022, K-1 visa processing took approximately 9 to 12 months (USCIS time to process Form I-129F). Click here to see exact ranges based on your service center. In addition to that, it takes between three to four weeks to receive notice from the National Visa Center with further instructions.

Fiancé Visa (K-1 Visa)

The fiancé visa, formally known as a K-1 visa, is a method used for foreign citizens engaged to a U.S. citizen to enter the United States for the specific purpose of marrying that U.S. citizen. Once married, the foreign spouse must go through a process called “adjustment of status” if he or she wants to obtain a green card.

Marriage Visa (CR-1 or IR-1)

A marriage visa can mean different things to different people. We’ll explain it as a method for a foreign citizen married to a U.S. citizen or permanent resident to enter the United States with an immigrant visa to live permanently in the U.S. as a permanent resident (green card holder).

Fiancé Visa or Immigrant Visa: The Best Choice

To determine which path is best for you — fiancé visa or immigrant visa — depends on many factors and is a personal decision. Here are several issues to consider:

Fiancé Visa or Marriage Visa

These are just a few of the issues that a couple must evaluate when deciding on the fiancé visa or marriage visa. For many immigrant couples, speed is an important consideration, especially given the long wait times that are often involved with the immigration process. Before you begin, check the USCIS processing times for each petition.

About CitizenPath

CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays.

How to get a fiancé visa?

The first step to obtaining a fiancé visa is for the citizen seeking to marry a foreign spouse to file I-129F – Petition for Alien Fiancé (e) with USCIS. The fiancé visa petition requires that the citizen submit documentation to support the validity of the marriage. Eligibility requirements to obtain a fiancé visa include the following:

What Happens if the Marriage-Based Immigrant Visa is Approved First?

If the I-130 is approved first, the NVC will commence the process of submitting the application for a marriage-based immigrant visa to the consulate. Once the marriage-based visa application is submitted to the consulate, the K-3 visa is no longer necessary.

How long does it take to get a K-1 visa?

Currently, it takes approximately 8 months for USCIS to process the I-129F petition to obtain a K-1 fiancé visa or K-3 spouse visa. Processing times can often be longer in busier parts of the United States, where USCIS offices receive a larger influx of filings.

What to do if your marriage visa is denied?

If your petition to obtain either a fiancé visa or a marriage-based visa is denied, you will need to appeal the decision with USCIS. To do so, it is crucial to speak with an immigration lawyer who can help you (1) determine WHY your application was denied and (2) what steps you need to take to obtain the requested visa for a fiancé or spouse.

What is a K-1 visa?

A K-1 “fiancé visa” is only available to non-citizens who are marrying a United States citizen. The fiancé visa is a nonimmigrant visa that is temporary, lasting only 90 days. Nonimmigrant visas are for individuals who do not intend to remain in the United States.

How long does it take for a foreign spouse to marry?

Once the foreign fiancé arrives in the United States, the soon-to-be spouses must get marry within 90 days.

What is the next step in a foreign marriage?

If the marriage takes place, the next step is for the foreign spouse to apply for adjustment of status to become a lawful permanent resident (LPR), also known as a green card holder. Both the citizen spouse and non-citizen spouse will not only complete the required forms but also appear for an interview, which is intended to determine whether the marriage is legitimate.

What Are The Primary Differences Between the K-1 and K-3 Visas?

A K-1 Visa, otherwise known as a fiancé visa, allows a United States citizens engagement partner to enter the United States under the precondition that they will get married within 90 days. After marriage, the newly wedded spouse can then “adjust status” by applying for permanent residence via green card.

K-1 Fiancé Visa Process & Timeline (Updated for 2019)

The first step in applying for a K-1 visa is for the U.S. citizen fiancé to file Form I-129F (known as the “Petition for Alien Fiancé”) with U.S. Citizenship and Immigration Services (USCIS). The government’s required filing fee for Form I-129F is $535.

K-3 Spouse Visa Process & Timeline (Updated for 2019)

The K-3 Visa begins with the U.S. citizen spouse filing Form I-130 (Immigrant Petition for Alien Relative) which serves as a request to start of the family-based immigration process and costs $535. If your petition is approved (usually within 30 days), the U.S.

Which Path Should I Choose?

All in all, the estimated time from start to finish for the K-1 Visa is 6-8 months, while the estimated cost is $2,025. The K-3 Visa process takes on average 10-13 months to complete and has a combined total cost of $1,260, not including the cost of travel, medical exams or other costs.

Consider Working With A Immigration Attorney

We hope this article has help you obtain a better understanding of the differences, advantages and disadvantages between the K-1 or K-3 marriage-based visas. Ultimately, the choice over whether to pursue one over the other fundamentally depends on where and when you and your fiancé want to get married, as well as how much you are willing to pay.

How long does it take to get a fiance visa?

Typically, the fiance visa process takes approximately six months, and obtaining permanent resident status after the fact takes around 10 to 11 months. For a K-3 or marriage visa, you can expect to wait 10 to 16 months. If your goal is to be able to live in the U.S. with your partner as soon as possible, the K-1 visa may be the best choice.

How long can a foreigner marry a US citizen?

Also known as a fiance visa, the K-1 allows you to bring your partner into the country for a period of 90 days. If you and your fiance get married during this three-month period , then your fiance may apply for lawful permanent resident status in ...

How long does it take to get married and get a green card?

If you bring your fiance to the U.S. and get married within 90 days, your fiance can apply for a green card along with their children who were admitted as K-2 non-immigrants.

Can a K-1 visa be used for a foreign spouse?

Both the K-1 visa and the K-3 visa enable U.S. citizens to live in the country with a foreign spouse. Additionally, both K-1 and K-3 visa holders are permitted to work and travel after, assuming they have the necessary USCIS documents. An experienced immigration attorney can help you determine which option is best for your family.

Can a fiance be a permanent resident?

If you and your fiance get married during this three-month period, then your fiance may apply for lawful permanent resident status in the U.S. If a marriage does not occur, your fiance will have to return to their home country.

Can I get a K-1 visa if I'm married?

Depending on your circumstances for pursuing lawful permanent residency of the U.S., you may opt to pursue a K-1 visa, which is intended for people who are engaged to U.S. citizens, or a K-3 visa, which is designed for people already married to U.S. citizens awaiting approval of an I-130 immigrant petition.

Can a spouse file an affidavit of support?

If the American spouse’s gross income falls below the Federal Poverty Guidelines according to their most recent income tax return, then they must find a joint sponsor willing to file an affidavit of support . In the past, family members were often separated for years waiting for a decision on their Form 1-30 petition.

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