Key Takeaways:
- Only a U.S. citizen may apply for a fiancé visa and only for a partner living outside the U.S.
- If the engaged couple includes a U.S. citizen partner living in the U.S. and a noncitizen partner living elsewhere, the fiancé visa is typically faster than the spouse visa.
- Whether the fiancé visa or spouse visa is more cost-effective depends primarily on whether getting married first costs more than paying extra filing fees.
On the reality show 90 Day Fiancé, engaged couples face the genuine requirement that when a U.S. citizen sponsors a noncitizen for a K-1 fiancé visa, they must marry within 90 days for the noncitizen to get a green card. While real life is less dramatic, the show captures a unique look at the K-1 fiancé visa, one of two ways for a U.S. citizen to sponsor their foreign romantic partner for a green card. While the spouse and fiancé visa processes are similar, one of the most significant benefits of the fiancé visa is that it’s usually the faster option if you have it.
In this article, we explore the benefits of fiancé visas vs spouse visas. We begin with a quick primer on each visa. Then, assuming the noncitizen and their sponsor are engaged and trying to decide whether to marry or apply for immigration benefits first, we detail circumstances that may influence an engaged couple’s decision to pursue one or the other.
Fiancé visa basics
The K-1 fiancé or fiancé visa allows a U.S. citizen to bring their noncitizen fiancé to the U.S. to get married if the:
- Relationship is genuine
- Noncitizen partner isn’t in the U.S.
- Couple plans to marry within 90 days of the fiancé’s arrival
- Couple met in person at least once in the last two years (exceptions exist)
The visa ends immediately if the couple doesn’t marry within 90 days.
Pro tip:
Most nonimmigrant visas are temporary and don’t offer a path to a green card. While the K-1 can lead to a green card, if you don’t get married within 90 days, the visa immediately expires and can’t be renewed. So if the partner still desires a green card, they may need to find another way that they’re eligible for one.
If you marry after the 90 days end, you may apply for a spouse visa instead. When you apply, you need to explain the delay to the marriage and why the noncitizen partner didn’t depart the U.S. Unfortunately, the government may initiate removal (deportation) proceedings in the meantime. Removal proceedings place the noncitizen in immigration court, which means the noncitizen may have to fight against deportation while applying for a green card.
The steps of the successful K-1 visa process include:
- U.S. citizen partner submits Form I-129F, Petition for Alien Fiancé(e), to United States Citizenship and Immigration Services (USCIS)
- Noncitizen partner submits Form DS-160, Online Nonimmigrant Visa Application to the nearest U.S. consulate or embassy
- Couple provides documents to the consulate, and the noncitizen attends a visa interview
- Consulate issues the visa
- Noncitizen partner travels to the U.S.
- Couple marries within 90 days of noncitizen’s arrival
- Noncitizen applies for a green card by submitting Form I-485, Application to Register Permanent Residence or Adjust Status to USCIS
The noncitizen then receives a conditional green card, which lasts two years. Within 90 days of the green card expiration date, the noncitizen must apply to remove conditions on the card.
Spouse visa basics
U.S. citizens and lawful permanent residents (LPRs) may sponsor their noncitizen spouses for green cards. When a U.S. citizen applies, the application is for an immediate relative (IR) visa or a conditional resident (CR) visa. An LPR spouse may sponsor an F-2A visa. These visas are limited by number each year.
Regardless, the steps of a successful spouse visa application include:
- U.S. citizen or LPR spouse submits Form I-130, Petition for Alien Relative, to USCIS
- Noncitizen partner submits Form I-485 to USCIS (if living in the U.S.) or Form DS-260, Immigrant Visa Electronic Application to a U.S. consulate or embassy (if living outside the U.S.)
- Couple provides documents and attends a visa interview
- USCIS or the State Department issues the green card
If the couple has been married for less than two years when the noncitizen gets their green card, it should be a conditional two-year card. If the couple has been married for more than two years, it should be a 10-year green card.
Key differences of fiancé visa vs spouse visa
Factors that help compare and contrast the benefits of a K-1 visa vs a spouse visa include the:
- Sponsor’s legal status
- Location of the noncitizen
- Costs
- Timeline
Pro tip:
The spouse visa offers greater protection in the window between the K visa holder’s arrival and the couple’s marriage. A K visa applicant is left without much recourse and no legal status should something happen to keep them in the U.S. but prevent them from marrying.
Unfortunately, some U.S. citizen sponsors deliberately mistreat their noncitizen partners or even abuse the visa for human trafficking purposes. If you’re applying for a K visa, pay close attention to any red flags in your partner’s behavior. If you discover the warning signs only after arriving in the U.S., be aware the U.S. offers paths to a green card through the human trafficking victim T-visa and the crime victim U-visa.
Sponsor’s legal status
Only U.S. citizens may bring a noncitizen fiancé to the U.S. on a K-1 visa. If an LPR wants to bring their noncitizen fiancé to the U.S., they have two basic options: naturalize (that is, apply for citizenship) or get married first.
LPRs may typically naturalize after holding LPR status for five years. Alternatively, the couple may marry first, and then the LPR may sponsor their new spouse for an F-2A visa.
Pro tip:
F-2A visas are subject to yearly limitations. As a result, the U.S. government is currently issuing F-2A visas three years after the spouses submit Form I-130. When you factor in other circumstances, it may make more sense for the LPR to naturalize before applying for a spouse visa.
Location of noncitizen
If the noncitizen fiancé is living in the U.S., wants to stay and won’t lose their status if they do, they don’t qualify for a fiancé visa. However, if the noncitizen partner has committed an immigration violation like visa overstay, they may need to depart the U.S. and request a waiver of the violation before they may return. In that case, the fiancé visa may be an option.
Costs
The cost of a fiancé visa currently includes:
- Form I-129F filing fee: $675
- DS-160 processing fee: $265
- Form I-485 filing fee: $1,440
For the spouse visa, the couple pays similar filing ($675 paper I-130 or $625 online) and processing (DS-260 $325) fees but doesn’t pay the $1,440 I-485 fee.
For both, you also cover costs that may vary by location, including:
- Medical exam fees
- Travel expenses
- Document-related fees
Pro-tip:
The spouse visa may look less expensive because you don’t need to submit an I-485 filing fee. However, applying for a spouse visa means first getting married, which usually requires both spouses to be in one location. These added travel costs (and any costs for the actual marriage) may outweigh the $1,440 savings.
Timeline
As of August 2024, the K-1 visa’s timeline includes:
- Form I-129F processing: 8 to 24 months, depending on the field office or service center
- Consular processing: a few weeks to several months, depending on the consulate or embassy and how quickly you provide information and documents
- Marriage deadline: 90 days after the noncitizen partner arrives in the U.S.
For a spouse visa, the expected timeline includes Form I-130 processing of about 15 to 80 months and consular processing of a few weeks to several months.
For both, also factor in the time needed to complete forms, locate documents and travel.
Pro tip:
It may be tempting to search for other visa options for the noncitizen spouse, especially options like a B-1/B-2 travel visa, that might be faster. However, nearly all nonimmigrant visas require that the noncitizen applicant have nonimmigrant intent, meaning they’re not coming to the U.S. to stay.
By law, the consulate should deny applications for B visas if the applicant intends to stay in the U.S. But, if you manage to get the visa anyway, you run greater risks than denial. The U.S. government could conclude the noncitizen committed immigration fraud and ban them from ever returning.
Fiancé visa checklist
If you’re applying for a fiancé visa, ensure you complete the following:
Sponsoring partner is a U.S. citizen
Noncitizen partner lives outside the U.S.
Apply for fiancé visa authorization from USCIS:
U.S. citizen partner submits Form I-129F and supporting documents
Form approved?
Apply for fiancé visa from State Department:
Noncitizen partner submits Form DS-160 and supporting documents
Noncitizen partner attends interview
Visa approved?
Noncitizen partner travels to the U.S. and:
Couple marries within 90 days
Noncitizen applies for a green card using Form I-485
Spouse visa checklist
If you’re applying for a spouse visa, ensure you complete the following:
Sponsoring partner is a U.S. citizen or LPR
Partners are in a genuine marriage
Apply for spouse visa authorization from USCIS:
U.S. partner submits Form I-130 and supporting documents
Form approved?
Apply for spouse visa from State Department:
If sponsor is an LPR, immigrant visa is available
Noncitizen partner submits Form DS-260 and supporting documents
Partners attend interview
Visa approved?
Consulate or embassy provides visa, and noncitizen spouse may travel to the U.S.
Choosing between the fiancé visa vs spouse visa
If the noncitizen partner is already in the U.S. or the sponsoring fiancé isn’t a U.S. citizen, your decision is simple—the fiancé visa doesn’t apply. But if you meet the requirements to apply for both the fiancé and the spouse visas, the choice comes down to your circumstances and preferences. For many couples, weighing time apart versus the costs associated with the visa you desire are big factors.
If you want assistance figuring out your next steps, you may consider consulting an immigration lawyer. They can help you understand your options and guide you through whichever choice you make. And, should problems arise, your lawyer may help respond to them.
Sources
https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens
https://www.uscis.gov/family/bring-spouse-to-live-in-US
https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants
https://www.uscis.gov/humanitarian/victims-of-human-trafficking-t-nonimmigrant-status
https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization
https://www.uscis.gov/g-1055?form=i-129f
https://www.uscis.gov/g-1055?form=i-485
