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Marry Now or Later? Pt. 1 – Understanding U.S. Visas

Looking over man's shoulder at immigration visa application.

Becoming a citizen through marriage is a major life decision that requires careful consideration. What is the best move, a fiancé visa or spousal visa (marriage green card)? This four-part series will help you understand the differences in eligibility requirements, status consequences, and costs to evaluate the best option for your situation.

The Fiancé (K1) Visa

As a brief summary, the K1 visa allows a U.S Citizen to bring their fiancé to the U.S. to get married within a 90-day window. Afterwards, the fiancé can apply for adjustment of status to become a legal permanent resident (green-card holder). The process can take anywhere from 10 months to (18 months?). This used to be a faster route, but depending on consular delays due to the pandemic, it may take about the same amount of time as a spousal visa and costs $2025 (doesn’t include attorney’s fees).  Here is a useful summary from USCIS.

The Spousal Visa

The spousal visa, or marriage green card, allows a U.S citizen or green-card holder to bring their spouse to the U.S., and the spouse automatically becomes a green-card holder upon entry to the U.S – no adjustment of status is necessary. The process takes around 1-1.5 years and costs $980 (doesn’t include attorney’s fees). We have not seen delays with the spousal visa due to the pandemic or otherwise, and processing times have remained consistent.  USCIS provides information on the spousal here.

Summary

Each visa has its advantages and disadvantages in everything from the application process to the fees involved.  Deciding which route to take depends upon the goals, resources, and timeline of each applicant.  Equally important, each decision can have various consequences if the process is not followed properly and as expected by USCIS.

Forthcoming articles will provide more in-depth explanations of these two visas to help you better understand the implications of each and, more importantly, make a more informed decision as to which route is best for you.


Atty. Sophia Akbar handles immigration matters and civil rights matters at Amal Law Group.  Click here to learn more about Atty. Akbar.  You can contact Atty. Akbar directly at 312-772-4064.


Disclaimer: The above is provided for informational purposes only and is not intended to serve as legal advice.  Seek legal advice only from a licensed attorney.  For any legal questions, click here to contact us.