Differences Between Fiancé Visa and Marriage Green Card

Introduction

In the year 2023, 276,080 individuals who were spouses of a U.S. Citizen/Lawful Permanent Resident became LPRs in the U.S. 

When a person immigrates to the U.S. to settle down and start a life with their partner or spouse, they need to ensure that their spouse can enter and settle in the U.S. without any immigration issues. 

This blog is going to clear all your doubts related to the admission of your spouse/fiancé to the U.S. by discussing the eligibility, costs, and processing differences between the two most common methods of entry of your spouse to the U.S. that is the K-1 Fiancé Visa and Marriage-based Green Card so that you can decide which immigration path is best for you and your spouse. 

What Is A K-1 Fiancé Visa?

A K-1 Financé Visa is an immigration benefit allowing a U.S. Citizen to bring a fiancé or fiancée to the U.S. for marriage. 

What Is A Marriage Green Card?

A marriage-based green card is an immediate relative immigration that is used by a U.S. Citizen to sponsor their spouse. 

What Is The Difference Between A Fiancé Visa And Marriage Green Card?

• In the case of a marriage-based green card, the couple is either married before entering the U.S. or plans to marry outside the U.S., while in the case of a K-1 Fiancé visa, the couple is married in the U.S. after entering.
• A fiancé visa does not offer immediate permanent residency and work authorization. The same has to be applied by the fiancé after marriage. On the other hand, in a marriage-based green card, the spouse when entering the U.S. has a stable legal status (except when a conditional green card is issued) and is free to reside and work in the U.S.

What Are The Processing Costs of A K-1 Visa And Marriage Green Card?

K-1 Visa

To be eligible and apply for a K-1 Fiancé Visa, a petition under Form I-129F has to be filed and approved by the USCIS. In case of any queries when filling out Form I-129F you may also refer to the Instructions for Filing Form 129F.

The USCIS will charge $675 as a general paper filing fee for processing Form I-129F. In case the petition is denied due to any mistake or error the USCIS will not refund any fee. In case you file a fresh application after rejection, you will have to repay the prescribed fee for processing the petition. 

If you face any difficulty/require any help then, FileRight.com offers an application preparation package at $295 plus USCIS filing fees for preparing, reviewing, printing, assembling, and mailing your application. 

Marriage Green Card

To be eligible for a marriage-based green card, the petitioner has to file USCIS Form-130 (Petition for Alien Relative), 130A (Supplemental Information for Spouse Beneficiary) along with Form I-864 (Affidavit of Support).

The cost of filing Form I-130 is $675 for paper filing and $625 for online filing. 

Further, the cost of filing DS-260 is $325 and Form I-864 is $120. 

Additional costs of the immigration process, common to K-1 visa as well, include medical examination fee, translation cost paid to the certified translator (in case supporting documentary evidence is in a language other than English), cost of obtaining documents and certifications (paid to government offices), and travel expenses.  

What Is The Processing Time Of A K-1 Visa And Marriage Green Card?

K-1 Visa

The processing time of a K-1 Finacé visa may take more than or around 9.3 months. However, if the marriage is suspected to be bona fide or the form has some error, it may take a longer time. After the grant of a K-1 Finacé visa, the finacé may apply for a visa from the nearest embassy or consulate which forwards the application to the National Visa Center (NVC) to process the application. This process may take 1.5-3 months. 

Marriage Green Card

The processing time of Form I-130 may take anywhere on or around 11.2 months. The processing time depends upon the center processing your application and its backlog. Additionally, it may take a few months to process Form DS-260 after acceptance of the Form I-130 petition. 

What Are The Benefits Of A K-1 Visa And A Marriage Green Card?

K-1 Visa:

• The fiancé or fiancée is eligible to apply for adjustment of status after entering into a marriage to you to become a lawful permanent resident (LPR) and hold a green card. 
• The initial cost of entering the U.S. is lower as compared to a marriage green card. 
• If you wish to get married in the U.S., you can apply for a K-1 visa. In every other visa category for a spouse, you have to be married before entering the U.S.
• You will get 90 days after the admission of your spouse to get married. This gives you a trial period to see if your spouse can adjust in the U.S. and is compatible with your lifestyle. 
• The processing time for a K-1 visa is comparatively much less as compared to a marriage green card as there is a shorter approval process. 

Marriage Green Card:

• Your spouse directly acquires a green card, giving them the status of a lawful permanent resident as soon as they enter the U.S. This authorizes them to carry on work and reside in the U.S. The green card is issued for 10 years (except a conditional green card) and may be renewed indefinitely.
• The overall cost of acquiring a green card is lower as compared to a K-1 fiancé visa. 
• You do not have to prove that you met your spouse physically within the previous two years which is a rule imposed in the K-1 Visa.
• You are free to marry based on your schedule and do not have to fulfill the legal requirement of marriage within 90 days of the admission of your spouse to the U.S. 

Which Is Better- A Fiancé Visa Or A Marriage Green Card?

Both fiancé visa and marriage-based cards have their pros and cons, and ultimately the decision to choose either of the two depends upon your case, eligibility, and your ultimate goal. 

Marriage Green Card

1. In case you are already married you should go for a marriage green card. 
2. Assuming that you wish to freely travel abroad then you should apply for a marriage green card. If your spouse entered the U.S. through a fiancé visa, there are restrictions when traveling internationally, and advance parole has to be applied for before leaving the U.S. 
3. If your primary concern is that your spouse becomes an LPR, or gets work authorization soon after entering the U.S. then it is better to go for a marriage green card as the cost of acquiring a green card is lower, and when your spouse decides to enter the U.S. the path to permanent residency is faster as they already get a green card.

K-1 Fiance Visa

1. If your primary concern is cost then you should consider a K-1 visa as its initial cost is comparatively lower. 
2. If you want to settle and begin your life in the U.S. with your spouse faster, you should go for a K-1 visa as the processing time of a K-1 visa is much faster compared to a marriage green card when entering the U.S. 

Take a free eligibility test on FileRight.com to determine your eligibility before filing any petition. 

Which Is faster: A K-1 or A Marriage Visa?

While a K-1 Visa is faster if you want your intended spouse to be admitted and enter the U.S., however, if your main aim is for your spouse to become a lawful permanent resident and acquire a green card, or if you want to spouse to have the authorization to work in the U.S. as soon as they enter, a marriage visa offers a faster path to become an LPR. 

If your spouse enters the U.S. under a K-1 visa, they would have to apply for an adjustment of status to acquire a green card which may take anywhere between 4.2-13.6 months as per the current processing time and backlog.  

Conclusion 

The U.S. immigration law is centered around the reunification of families and family-based immigration is one of the most common methods to enter the U.S. The article discusses various aspects of K-1 non-immigrant visas and Marriage-based green cards. 

While petitioning the USCIS, you must be accurate and precise and should keep track of the changes in the immigration policy. When filing the forms you should not omit any information or misrepresent. In case you have any doubts or require any assistance you may contact the licensed immigration experts of FileRight.com.