What is the Difference Between Fiance’, Marriage, and Spousal Visas?
If you are a United States citizen engaged or married to a foreign national, or a foreign national engaged or married to a United States citizen, and you would like to live together in the United States as a married couple, you may be feeling confused about what options are available to you and how to pursue them. Immigration can seem daunting, and the process can be expensive, time consuming, and hard to navigate. With long processing times, simple errors and misunderstandings can cause major setbacks. Having an experienced immigration attorney to help guide you through this process and ensure that your rights are protected can be invaluable. In this article, we will review some of the differences, benefits, and drawbacks of the fiancé, marriage, and spousal visas so that you can get a sense of which option may be right for you. The information in this article is intended to be general. However, if you would like personalized feedback based on your individual circumstances, you are welcome to contact the experienced Orlando immigration attorneys at HAWM Law to schedule a consultation.
Do You Want to Get Married in the United States?
If you are currently engaged and want to be married in the United States, then the K-1 Fiancé Visa is likely the best choice for you. The K-1 visa allows the foreign national fiancé entry to the United States for 90 days. During this 90-day period, the marriage must take place in the United States. Once the marriage is official, the foreign national spouse qualifies for a green card, and is able to start living and working in the United States legally. Although it can take five to seven months for the K-1 visa to be issued after the petition is filed, for many couples, this is the fastest and most efficient way for them to begin their lives together in this country.
If you need help with an immigration matter, it can be overwhelming, and be hard to even know where to start looking for help or what options are available. Our attorneys at HAWM Law are ready, experienced and committed to helping immigrants at any stage of the US immigration process. You do not have to struggle through this process alone.
If you are a United States citizen who has already married your foreign-national spouse overseas, and you now wish to bring them over to be with you in the United States, a marriage or spousal visa will be the best option for you. There are two marriage visas — the CR-1 and the IR-1. These visas typically involve a more complex process than the K-1 visa, and can take several months longer, as there is an additional waiting period for a visa number to become available even after the application has been approved, which can take several months. However, the benefit for already-married couples is that the foreign-national spouse will automatically be considered the immediate relative of a U.S. citizen, which entitles them to a green card. There is no limit on the number of green cards issued to immediate relatives of U.S. citizens, so this is a significant advantage. They also will not require an adjustment in status, or have to wait for a green card once they arrive in the United States, as they would be required to do if they applied using a K-3 spousal visa.
Talk to an Orlando Immigration Attorney
If you are considering becoming a citizen or would like assistance with an immigration-related matter, the experienced immigration attorneys at HAWM Law are ready to help. Contact us today to schedule a consultation and find out how we can help you move forward.
