﻿The Pros And Cons of K-1 Fiancé Visas Vs. CR-1 Spousal Visas
So you’ve met the person you want to marry and you
want to start your life in the United States - what’s next?
Two common paths? K-1 fiancé visas and CR-1 spousal visas
In this video, we’ll explain the differences between the two options,
so you can figure out the right immigration path for you.
What’s a K-1 fiancé Visa?
The fiancé visa is a temporary nonimmigrant visa that lets you come to the U.S.
for a short period of time with the intention of marrying your partner. If you want to stay
in the U.S. permanently, you’ll need to get married within 90 days of entering the U.S.
on the K-1 visa, and then subsequently adjust your status to a marriage-based green card.
Important Note: K-1 visas are only available when the spouse is already a U.S. citizen – if
your spouse is a green card holder you cannot qualify for this type of visa.
What’s a CR-1 Spousal Visa?
A CR-1 is an immigrant marriage visa (a marriage-based green card) for people
outside the United States who are married to U.S. citizens or lawful permanent residents.
The purpose of this visa is to allow the married couple to live together in the U.S.
CR stands for conditional resident only couples who have been married for less than two years can
apply for this visa. It’s available to spouses of both U.S. citizens and green card holders - though
the processing times are different depending on the U.S. spouse’s citizenship status.
Eligibility
To be eligible for a K-1 fiancé visa, you have to plan to marry your U.S. citizen partner within 90
days of your arrival in the U.S. You can’t extend this date, so you also have to prove
that you can legally marry and prove that you plan to maintain a bona fide marriage.
Couples who are interested in K-1 visas must also have met in person in the last two years.
For both K-1 visas and CR-1 visas you and your spouse will have to prove your marriage is real
during your interview with a consular officer. If the embassy doesn’t believe it’s a bona fide
marriage, they will request more information or in most cases send your case back to USCIS.
If this happens it can be problematic for K-1 applicants,
because the window of approval is only 4 months.
For CR-1 applicants, there is no termination date which means the
applicant has more time to respond to questions about their relationship.
Essentially, if you want to qualify for a marriage-based visa (green card) you have
to prove that your marriage to the U.S. citizen or lawful permanent resident is legal and real.
How Long Does Each Visa Take?
The processing time to get your K-1 visa can vary from 11-17 months -- but these
times change from year to year. Note that this window of time does not include the
time it takes to adjust status from a K-1 visa to marriage-based green card.
The estimated processing time for a CR-1 visa is approximately 12-18 months.
The CR-1 takes longer than the K-1 for a variety of reasons, namely there are more
steps to get the CR-1 (USCIS, National Visa Center, Embassy) and that the USCIS step,
or Form I-130, takes much longer to process than a K-1 Visa.
That said, the timeline from K-1 to green card is approximately 2-3 years,
including 11-17 months for the K-1 process and 10-13 months for adjustment of status.
How much does each visa cost?
Fiancé visa cost: $2,025 Estimated CR-1 spousal visa cost: $1,200
To obtain a green card after you’ve been married in the U.S. on a K-1 visa, there’s an additional
cost of around $1300 for from I-485 to adjust your status to a marriage based green card.
A CR-1 visa is valid for two years, but after that you’ll
need to file Form I-751 for removal of conditions, and the cost for that is $680
If you are cost-conscious and willing to wait to see your spouse, the CR-1 visa is
a more affordable option ($1,200 in fees for a spouse instead of $2,025 in fees for a fiancé)
In both cases, the costs go up considerably if you need legal support to complete your petition. At
RapidVisa, we simplify the immigration application process. And stay with you from beginning to end.
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K-1 vs. CR-1 Visa Approval Statistics
By and large, the CR-1 visas have a higher approval rate, according to USCIS reports. About
90% of I-130 petitions are approved, although this percentage includes more than just spousal visas.
For K-1’s USCIS data shows that about 75% of I-129F petitions are approved.
Other Important Factors
If you’re still not sure which visa is right for you here are
some other important factors to consider: * If you go the K-1 visa route, the sponsored
partner won’t have work authorization or a Social Security number and they won’t be able
to travel outside the U.S. for 3-6 months after coming to the U.S., getting married,
and filing for adjustment of status. * Because of this, a lot of couples
work on their I-485 beforehand, so they can get married immediately and file the I-485.
This application also includes
work authorization, advance parole, etc. * The K-1 visa is typically a faster time
frame to be together in the United States * Though it takes longer, a benefit of the
CR-1 visa is that applicants can begin work immediately upon entering the United States and
can also travel internationally right away. * The CR-1 is a longer wait time to get,
but removes the extra year of waiting for a green card once you’re in the U.S.
Still not sure which visa is right for you,
or feeling overwhelmed with paperwork and the immigration process?
RapidVisa can help. Get started on your petition by clicking the link in our description.