Published: July 12, 2022
Marrying a US citizen or lawful permanent resident (LPR) comes with several immigrant benefits. The most sought after by many is that you can become a US citizen or an LPR. If you are interested in such a benefit, coordinate immediately with a reliable spouse visa lawyer to iron out all necessary formalities.
Fortunately, the approval rate for spouse visas is relatively high. As a result, many noncitizens with US citizen or LPR partners have an easier time entering America than other visa categories. As such, this mode of immigration became popular.
Unfortunately, this immigration path’s popularity attracted opportunists who attempted to circumvent the law. For that reason, the United States Citizenship and Immigration Services (USCIS) imposed stricter protocols for processing spouse visa applications.
Fiance Visa vs. Marriage Visa
There is a huge difference between fiancé(e) visas and marriage visas. Since every couple has unique circumstances, one visa would work better than the other. Be meticulous in choosing which immigration route to choose.
To make the best decision, ALG Lawyers will offer you top-quality legal insights. Here are matters to consider when choosing between fiancé visa and marriage visa:
Key Differences
The fiancé visa grants the foreign partner of a US citizen the right to enter the US. However, the couple should get married within 90 days from the date of entry within the country. Many prefer fiancé visa over other marriage or fiancé-based visa types because it is considered the easiest, fastest, and most affordable choice.
On the other hand, a marriage visa also grants a foreign spouse of a US citizen or an LPR the right to enter the country but unlike the fiancé who intends to get married within the US, applicants for the marriage visa intend to immigrate to the US. Over the years, the overall process of marriage visa has become simpler and faster. It is now easier for married couples to reunite and live within the country.
Visa Types
For the fiancé visa, there is one major category. The K-1 Visa allows a couple married in the United States to apply for a green card after fulfilling the conditions attached to their marriage.
It is notable that before the USCIS allows a K-1 Visa, it is essential for the US citizen partner to have income compliance with the Federal Poverty Guidelines. Failure to meet the said requirement can be problematic. It is advisable to consult with a reliable immigration attorney to settle any confusion related to the visa processing.
When it comes to the marriage visa, there are two recognizable visa types: the CR1 and IR1 Visas.
The CR1 or Conditional Resident Visa is available for applicants who arrived in the US with their green cards but have only been married for less than 2 years. Their green cards are still on a “conditional” basis. After two years since arriving in the US, the noncitizen spouse may apply to remove the conditions from the green card. Once approved, they will receive an updated 10-year Green card.
On the other hand, the IR1 or Immediate Relative Visa is available to eligible couples who have been married for more than 2 years when they had their green cards approved. IR1 Visa holders no longer need to request the removal of conditions. Upon approval, they will automatically acquire a permanent resident card with a 10-year validity.
When Applying with Children
Each visa category can have different impacts when you decide to immigrate with your children to the United States.
Through the fiancé Visa, immigrants can also bring their unmarried child under the age of 21 as their derivative relative. USCIS will issue the child a K-2 visa who may apply at the same time as their parent.
Similar to their parent, the noncitizen child may be eligible to adjust their status after arriving in the US. However, this ability to adjust status is dependent upon the fulfillment of conditions attached to their parent’s K-1 Visa, especially the rule on getting married within the 90-day deadline.
For a marriage visa, the process depends on whether the spouse is a US citizen or an LPR. US citizens can petition the noncitizen spouse’s child. If the couple was married less than 2 years, then the child under the petition should also receive a conditional green card and must comply with the removal of conditions before receiving the permanent ten-year green card.
On the other hand, LPRs include the noncitizen spouse’s child as a derivative beneficiary. For the noncitizen spouse’ child to qualify as a stepchild of the US citizen or LPR, they must be below 18 years old at the time of the marriage. If the child is over the age of 18, but below the age of 21, then the child must wait until their parent obtains their own green card. From that point, the biological parent can petition for the child. Children under the age of 21 at the time of filing the petition, are likely protected by Child Status Protection Act (CSPA).
Final Verdict: Which One to Choose?
Couples may encounter unique issues when choosing between the fiancé(e) visa or marriage visa. Every immigrant has unique priorities. Some want speedy processing. Perhaps they cannot tolerate long lines to undergo the immigration process. Before making a choice, have a thorough review of the USCIS processing times for each petition. Immigrants have the freedom to choose between several options for how to get into the United States.
Your final choice should fit your particular needs. If you have other family members, consider their situation as well. Refrain from making sudden decisions to avoid regrets caused by irreversible and irreparable damages in the future.
The Spouse Visa Lawyer You Can Trust
When it comes to processing marriage and fiancé visas, you can rely on ALG Lawyers. We have helped US citizens and green card holders reunite in the United States with their foreign spouses. You do not have to be separated from each other any longer.
Our role is to help every step easier. We will assist you in sorting out requirements, schedule appointments, and keep track of deadlines. You will gain peace of mind while working with us because our experienced immigration attorneys in Los Angeles will meticulously go through every finest detail. Do not hesitate to let us know if you have other legal concerns.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)