Fiancé Visa vs. Spouse Visa: Find Out Which One You Need

If you’re engaged to a United States citizen and you live outside of the country or you’re married to a partner who legally resides in the U.S., you’ll either need a fiancé visa or spouse visa to reunite with your loved one in the U.S.

We’ll break down the differences between a fiancé visa vs. spouse visa in terms of requirements, process and cost.

We’ll also explain how our experienced immigration attorneys at Spar & Bernstein can become your trusted ally in uniting you with loved one in the U.S.

What Is A Fiancé Visa?

As a nonimmigrant visa, the fiancé or K-1 visa enables the foreign fiancé of a U.S. citizen to enter the U.S. and marry their partner no later than 90 days after the fiancé’s arrival into the country.

Once the couple is married in the U.S., the foreign spouse must go through an adjustment of status to become a Green Card holder.

The K-1 visa is non-renewable and expires once the 90-day-period is over.

If the engagement ends before the couple is married, the U.S. sponsor can withdraw the fiancé visa petition and the foreign fiancé must leave the U.S.

If the relationship ends after the couple is married, the foreign spouse may still qualify for an immigration option.

Holders of K-1 visas are allowed to work only after applying for a work permit (employment authorization).

U.S. permanent residents are not eligible to file a petition for a K-1 visa.

What Is A Spouse Visa?

As an immigrant visa, the spouse or marriage-based visa enables the foreign spouse of a U.S. citizen or lawful permanent resident to enter the U.S. and establish permanent residency (Green Card status).

The foreign spouse can enter the U.S. through:

• A conditional resident visa (CR-1), if the couple has been married for less than two years at the time the visa application is granted/approved. Upon arrival to the U.S., CR-1 visa holders receive a conditional Green Card with a validity of two years.
• An immediate relative visa (IR-1), if the couple has been married for two or more years at the time the visa application is granted/approved. Upon arrival to the U.S., IR-1 visa holders receive a Green Card with a validity of 10 years.

Spouse visa holders are allowed to start work immediately after their arrival to the U.S.

If the Green Card is conditional, the couple must apply for removal of conditions by filing Form I-751, Petition to Remove Conditions of Residence, 90 days before their conditional Green Card expires.

If the marriage ends in divorce and the foreign spouse has a permanent Green Card, their immigration status is typically not threatened.

However, if the foreign spouse has a conditional Green Card and wants to remain in the U.S., they must petition for a permanent Green Card individually.

Partnering with an experienced immigration lawyer is highly recommended to avoid the risk of deportation after the conditional card expires.

Fiancé Visa vs. Spouse Visa: Requirements

While both the K-1 visa and spouse visa share the goal of reuniting couples in the U.S. and facilitating their journey towards building a life together, each of the two visa types has its unique requirements.

Fiancé Visa Requirements

Application requirements for a K-1 visa include:

• The U.S. sponsor must be a U.S. citizen
• The U.S. sponsor must be able to financially support the foreign fiancé, with an income over 100% of the most recent Federal Poverty Guidelines
• The foreign fiancé must live outside the U.S.
• The foreign fiancé must have a clean criminal record
• The foreign fiancé must meet the set health requirements
• Both the U.S. sponsor and the foreign fiancé must be free to marry, with any previous marriages being officially terminated
• The couple must provide proof of a legitimate relationship
• The couple must have met at least once during the two years before the visa application is submitted

Spouse Visa Requirements

Application requirements for a spouse visa include:

• The U.S. sponsor must be a U.S. citizen or a lawful permanent resident
• The U.S. sponsor must prove that they can support their foreign spouse financially, with an income over 125% of the most recent Federal Poverty Guidelines
• The couple must have a legal, bona fide marriage
• The marriage must have been entered into outside of the U.S.
• The foreign spouse must be eligible for a U.S. immigrant visa

Fiancé Visa vs. Spouse Visa: Application Process

Although the two share some similar steps, the application process differs for a K-1 visa vs. a marriage-based visa.

To apply for a K-1 visa:

• The U.S. citizen files Form I-129F, Petition for Alien Fiancé, with U.S. Citizenship and Immigration Services (USCIS)
• The applicant, also known as beneficiary, files Form DS-160, Nonimmigrant Visa Application, after being notified by the Embassy or Consulate in their country that the National Visa Center (NVC) conducted a preliminary visa processing
• The beneficiary attends an interview at the Embassy or Consulate in their home country
• If the application is approved, the beneficiary receives their fiancé visa
• The beneficiary travels to the U.S. and is admitted into the country at a port of entry
• The couple marries within 90 days after the fiancé’s arrival
• The beneficiary files Form I-485, Application to Register Permanent Residence or Adjust Status

To apply for a spouse visa:

• The U.S. sponsor (citizen or lawful permanent resident) files Form I-130, Petition for Alien Relative, with USCIS
• Once the foreign spouse is notified that the NVC completed the preliminary processing, they file Form DS-160, Immigrant Visa Application, along with Form I-864, Affidavit of Support Under Section 213A of the INA, along with the required supporting documents
• The foreign spouse visits the Embassy or Consulate for a visa interview
• If the application is approved, the foreign spouse obtains their spouse visa
• The foreign spouse enters the U.S.
• The foreign spouse receives their Green Card

If you’re not sure which type of visa you’re looking for or how to go about the application process, our team at Spar & Bernstein can help. Call us to schedule a consultation with our experienced immigration attorneys.

Fiancé Visa vs. Spouse Visa: Cost

The cost of a K-1 visa, including the adjustment of status, is currently $2,025, which includes:

• $535 for filing Form I-129F, Petition for Alien Fiancé
• $265 for filing Form DS-160, Nonimmigrant Visa Application
• $1,225 for filing Form I-485, along with the biometrics fee

The cost of a spouse visa is currently $1,200, which includes:

• $535 for filing Form I-130, Petition for Alien Relative
• $120 for reviewing Affidavit of Support documents
• $325 for filing Form DS-160, Immigrant Visa Application
• $220 for the USCIS immigrant fee, including the Green Card production

As per an announcement from the USCIS, an increase of application fees is being considered, which is expected to become effective as of summer 2023.

To stay updated with the latest information on cost, process and requirements, contact our immigration team at The Law Offices of Spar & Bernstein.

Our knowledgeable and compassionate attorneys will review your case details, provide the information you need and help you pursue your dream of joining your loved one in the U.S. or bringing your loved one to the U.S.

Fiancé Visa vs. Spouse Visa: Processing Time

The processing times for a K-1 visa petition by USCIS range between five and 16 months.

The time USCIS needs to process a spouse visa petition is:

Between 13 and 15 months for the spouse of a U.S. citizen

Between 19 and 33 months for the spouse of a U.S. permanent resident

The time it takes to process a petition varies by field office or service center, while the estimated time is calculated based on the time it took to process 80% of the same type of petition over the past six months.

To check the estimated time of the field service or service center where your petition was filed, visit the Processing Time page on the USCIS website.

How Spar & Bernstein Can Help You With Your Fiancé Or Spouse Visa

As a trusted immigration law firm, our experienced attorneys at Spar & Bernstein represent clients in all aspects of immigration law, including family immigration, citizenship and naturalization and nonimmigrant visas.

Our caring and compassionate team is well aware of the complexities involved in obtaining a fiancé or spouse visa and they work with every client to ensure guidance and support throughout the process.

Whether you are looking to join your fiancé or spouse in the U.S. or you’re looking to act as your fiancé’s sponsor, we will help you gather and file the documentation needed, assist with any additional requirements such as interviews and background checks and address any concerns you might have about the process.

If challenges arise, our knowledgeable lawyers will handle all legal complexities and advocate on your behalf to fight for the approval of your fiancé or spouse visa.

Contact our team to become one of the thousands of our clients whose success stories we have proudly played a role in helping them achieve.

Pursue a family life together in the U.S. with your partner by working with the experienced team of Spar & Bernstein!