It can be very confusing and overwhelming to understand which visas serve which purpose. Each is necessary for its specific circumstances. When you are trying to bring your significant other to the United States, it can prove difficult to know which visa is the correct one for which to apply. Luckily, you can utilize the distinct differences between the visas to discover which is the right one for you.
K-1 Fiancé Visa
The K-1 Fiancé Visa allows a U.S. citizen’s foreign fiancé to come to the United States for marriage. However, the marriage must take place within 90 days of their entrance into the country. These visas generally take anywhere from 5 to 7 months from the time that you file the petition to be issued. These are usually the Visa most commonly utilized by engaged international couples. This visa is commonly preferred because it is the least expensive, and quickest and easiest to obtain.
To receive a K-1 Fiancé Visa, an I-129F Petition must be filed with the USCIS Service Center. One of the requirements is that the couple must have met within the past two years. This along with meeting the other requirements allows the petition process to commence. Once approved, it is sent to the embassy overseas, requiring further processing and an interview with the fiancé must be conducted. After this, the K-1 Fiancé Visa will be issued. Once the couple is married, the foreign spouse may stay in the U.S.
CR-1 and IR-1 Marriage Visas
Though the K-1 Fiancé Visa is usually preferred for international couples looking to get married, the CR-1 and IR-1 Marriage Visas are intended for an American citizen’s foreign spouse being able to immigrate into the U.S.
These Visas also generally take between 5-7 months from the time that the I-130 Petition is filed until the Marriage Visa is issued. However, the process varies slightly. An individual must file the petition with the USCIS. Once it is approved, the National Visa Center will contact the petitioner for further processing requirements. Once a couple is married, they may begin the petition.
Once the Petition is approved, it is then sent to the proper embassy overseas for a final step of processing. This last step includes a spouse interview. After the USCIS approves of the petition, U.S. residents are required to wait until an Immigration Visa number is available. Because of this, Marriage Visas can take much longer and be more expensive than a K-1 Fiancé Visa. Unlike the K-1 Fiancé Visa, when applying for a Marriage Visa even if the couple has married, the spouse overseas must remain there until they have received the visa.
The Law Office of Michele Alcalde Helps Immigrants in New Jersey Who Are Looking to Bring their Significant Other to the U.S.
It can be difficult to know the appropriate steps to take when it comes to bringing your significant other to the U.S. Since you may have many questions pertaining to which visa is the right one for your situation, and which steps should be taken to properly obtain it, it is in your best interest to consult with a knowledgeable and experienced immigration law attorney. At the Law Office of Michele Alcalde, we will work hard to help you unite with your loved one. To learn more or to schedule a consultation, call us today!
Posted in: Immigration