If you’re in a relationship with a U.S. citizen and are considering moving to the U.S., then you might be interested in a K-1 fiancé visa or a marriage visa. While both are terrific options for permanently entering the U.S., which one is right for you?
At the Milovic Law Firm, our legal team helps our clients pursue the best immigration option for themselves and their loved ones. While this looks different for everyone, many can agree that the best option is often the one that yields the fastest results.
If you have been wondering which visa can be obtained the quickest, then you have come to the right place. In this easy-to-read guide, our team is explaining which is faster: K-1 fiancé visa or spouse visa.
What is the K-1 Fiancé Visa?
The K-1 fiancé visa is reserved for engaged couples who plan to marry in the United States. If this sounds like you, then you can start by filling out Form I-129 (Petition for Alien Fiancé). This form usually takes around 7-9 months to process and then you will be scheduled for an interview (which will take several more months).
Once your petition is approved, your interview is successful, and your fiancé arrives in the U.S., you will then have 90 days to tie the knot. After that, you will begin the adjustment of status process (applying for your green card), which takes place within the United States. On average, it takes around 12 months to obtain your green card, though your specific time frame may vary.
What is the Spouse Visa?
A marriage visa exists for those who are already legally married. If this fits your situation, then you will begin by filing Form I-130 (Petition for Alien Relative), which takes anywhere from 4 to 37 months to process. Upon approval, your case will be transferred to the National Visa Center (which takes a few additional months) then to a scheduled interview with the U.S. embassy or consulate.
After everything is completed and approved, your spouse will be issued an immigrant visa to legally enter the U.S. permanently and their physical green card will be mailed to you. However, unlike with the K-1 visa process, your spouse is required to remain outside the United States for the entire duration of the green card process.
So, Which is Faster?
So, which is faster: K-1 fiancé visa or spouse visa? Well, it depends on how you look at it. The K-1 fiancé visa typically allows immigrants to arrive in the U.S. faster, although it usually takes longer for them to acquire green cards through this method.
On the flip side, the marriage visa usually allows immigrants to obtain a green card faster, though it will take longer for them to move to the United States. As a result, your pursuit of either a fiancé or marriage visa will depend entirely on your own unique set of circumstances.
Top-Rated Immigration Lawyers in Phoenix, AZ
If you’re considering a fiancé visa or spouse visa, it is best to enlist the help of an experienced immigration attorney. No matter which path you choose, an immigration lawyer affords you the best possible chance at a successful outcome.
Here at the Milovic Law Firm, our skilled Phoenix immigration attorneys are dedicated to aggressively pursuing the best immigration options for our clients. Browse our service page to learn what we can do for you or contact our team today for a free consultation.