Comparison Chart of Marriage Immigration Visa Choices

Comparison Chart of Marriage Immigration Visa Choices

The K-1 Fiancée Visa

In General

Pluses

Minuses

The U.S. citizen petitions to the USCIS
Service Center for fiancee visa approval, the approval is forwarded to the foreign U.S. consulate where the foreign fiancée lives.

The foreign fiancee gathers certain
paperwork, attends an interview, and
gets the K-1 visa, travels to the U.S., marries in the U.S. and applies to adjust status during the first 90 days.

Total time estimated: 6-9 months, give or take. This is usually the preferred method unless the couple wants to marry and attempt Direct Consular filing (if available) or file a K-3 visa.

• Typically quicker than a K3 spousal visa

• The foreign K-1 spouse can work upon entry to the U.S. after getting social security card and an EAD (Employment Authorization Document).

An EAD (popularly known as a Work Permit) is applied for at the same time you file for AOS (after your marriage). The typical wait time is 90 days to get the EAD).

• Allows you to "get to
know your fiancée better"
period before marriage,
since the K1 visa is good
for 90 days. If you pursue a spousal visa you MUST marry before you apply for a visa to enter the US.

• Will need advance parole in order to travel outside the US, will have to file adjustment of status after entry.

• If the relationship fails
before the foreign spouse's green card is received, there are no other options for adjustment and the K-1 spouse has to leave the
United States.

• K-1 visa recipients are in
valid status for only 90
days and may not extend
their status. K1 visa
holders should marry and
file adjustment of status
within 90 days after entry
into the US.

• Only U.S. citizens can file for a fiancee visa.

K-3 Spousal Visa
In General	Pluses	Minuses
The U.S. citizen marries their foreign fiancee in the USA or in the Philippines, the foreign fiancée goes back to the Philippines, and the U.S. citizen applies to the USCIS Service Center for a spousal visa petition. As soon as the U.S. citizen receives the notice of receipt from the service center for the I-130 petition (NOA1 for the I-130), the U.S. citizen files an I-129F for a K-3 visa. Once the petition is approved, it is forwarded to the U.S. consulate in Manila. The remainder of the K3 spousal petition is similar to a fiance visa process. The K-3 foreign spouse files for adjustment of status after entering the U.S., however they have 2 years in which to do so. (The visa is a 2-year multiple re-entry visa.)	• Not much slower than fiancee visa. • The foreign spouse can work upon entry after getting social security card and an EAD (Employment Authorization Document). • NO advance parole needed for travel outside the US. K3 and K4 visa recipients are in valid status for 2 years and the visa is a multiple re-entry visa. • K-3/K-4 visa holders may extend status by showing strong intent to eventually adjust status. • After receiving their k3 visa, the foreign spouse enters the U.S. on the K3 and is allowed to work and to travel, and may file adjustment of status BEFORE the I-130 petition is approved. • It usually allows applicant to enter the U.S. faster than waiting for the I-130 to be approved and the IR-1 / CR-1 visa to be issued.	• The foreign spouse will have to file adjustment of status after entry in order to gain resident status. • May only adjust status based on marriage to original U.S. petitioner. • If the marriage fails before adjustment of status is complete, will have to leave the US. K-3 and K-4 visa holders cannot change to another visa status and stay in the US if the marriage fails. • An Employment Authorization Document (EAD) card must be obtained and there will be some waiting time (a few months) before foreign spouse can work.

(IR-1 / CR-1) Spousal Visa
In General	Pluses	Minuses
The U.S. citizen or Lawful Permanent Resident marries the foreign fiancée in the USA or in another country (like the Philippines), the foreign fiancee goes back to the Philippines, the U.S. citizen applies to the Service Center for an I-130 spousal visa petition. This was the only option until the K-3 process was invented. The K-3 is usually faster. The K-3 was designed to allow the foreign spouse to enter the US even if the I-130 has not been approved. In most cases this works out well since the I-130 takes longer to approve and the K-3 visa is relatively fast. In some cases the IR1/CR1 visa is approved quickly although the better option is the K-3 visa.	• The foreign spouse can work upon entry (there are no restrictions). • This is an "Immigrant Visa" and will allow the applicant to arrive in the U.S. as a permanent resident. • They will not require an Advanced Parole document to leave the US for travel or require an Employment Authorization Document to work. • Currently many IR1/CR1's applicants have reported that the IR1/CR1's visas are actually faster than the K-3 spousal visa. We cannot guarantee this.	• Separation from spouse for sometimes longer than the K-3 visa. The foreign spouse most likely will not be able to enter the US during this time.

Disclaimer: filipinafianceevisa.com is not a law firm. Owners and staff are non-attorneys. We specialize in processing documents for fiancee visas. We do not give legal advice. If you need legal advice we would encourage you to seek the advice of an immigration attorney.