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The Differences Between the K-1 Fiancé Visa and the IR-1 Spouse Visa

Posted on in Visas

Darien spouse visa immigration lawyerAre you planning a wedding between an American citizen and a citizen of another country? If you intend to make your permanent home in the United States, the foreign citizen will need to apply for a visa to enter the U.S. There are two ways to accomplish this:

  • Apply for a K-1 fiancé visa, then marry in the U.S.
  • Marry abroad, then sponsor the foreign spouse’s immigration through an IR-1/CR-1 visa. 

Before deciding which path to take, consider the following:

Bringing a Fiancé to the U.S. on a K-1 Visa 

  • A K-1 temporary (nonimmigrant) visa allows a foreign-citizen fiancé to enter and remain in the U.S. for 90 days, during which time they must get married. 
  • The U.S. citizen must first file a petition for the visa by mail. Later, the foreign citizen must complete an online application form and attend an in-person interview that is intended to prove that a bona fide relationship exists. 
  • You must also provide proof (such as travel and hotel receipts and date-stamped photographs) that you and your fiancé have met in person at least once. 
  • While there is no annual quota limit on K-1 visas, processing can take six or more months. 
  • Once married, the non-citizen spouse can remain in the U.S. but must apply for an adjustment of status to become a lawful permanent resident. 

Bringing a Spouse Married Abroad to the U.S. on an IR-1 Visa

  • Before planning to marry in another country, check that country’s specific requirements for marriage. For example, you may need to establish residency in that country for a certain period of time. 
  • When a Connecticut citizen is married in a foreign country, the state will recognize the marriage as valid as long as both parties would be legally allowed to be married in Connecticut, and the marriage is legally valid in the country where the marriage occurs. 
  • When applying for a spouse immigration visa (IR-1/CR-1), you must provide a copy of your marriage certificate. You must also submit “clear and convincing evidence” that you have a bona fide marriage and that you “entered into the marriage in good faith and not for immigration purposes.”
  • If you have already been married for at least two years, the non-citizen spouse will receive an IR-1 (immediate relative) visa, which is good for ten years.
  • If you have been married for less than two years, the non-citizen spouse will receive a CR-1 (conditional residence) visa, which is good for two years. During the ninety days prior to the expiration of the CR-1 visa, you must apply jointly to remove the conditional status, converting the CR-1 to an IR-1. 
  • While there is no annual quota limit on IR-1/CR-1 visas, visa approval can take six to twelve months. Once the visa has been issued, the immigrant must enter the U.S. within six months.

Consult a Fairfield County Spouse Immigration Attorney

If you want to bring your foreign-citizen partner to the U.S., Gonzalez Law Office, LLC can help you decide which type of visa to apply for and work with you to navigate the complex immigration process. Attorney Hector Gonzalez,  a Stamford, CT family immigration lawyer, has been serving the immigration needs of families for over 15 years. Contact us at 203-323-1440.

Sources:

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html

https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/MarriageinCT/marriage.pdf

Fairfield County Bar Association Connecticut Bar Association American Immigration Lawyers Association Connecticut American Immigration Lawyers Association
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