Fiancé Visa vs. spouse visa

Published: December 4, 2021

A lot of people confuse a Fiancé(e) Visa with a Spouse Visa. While both are marriage-based ways of acquiring legal permanent citizenship, they each entail specific sets of processes and requirements. Applying for one instead of the other will only prompt USCIS to deny your application. Refrain from filing a visa application without knowing their differences.

Visas for Fiancé(e)s of U.S. Citizens

Unmarried American citizens may petition their foreign partners for a K-1 Fiancé(e) Visa. It is a non-immigrant visa that grants conditional entry to foreign citizens who intends to marry American citizens. But before this visa may be issued, the American citizen must first file a Form I-129F (Petition for Alien Fiancé(e)) with the USCIS.

Here are the conditions for a K-1 Fiancé(e) Visa application:

1. Engagement

Foreign applicants must be engaged to a U.S. citizen at the time of the application.

2. Income

The U.S. citizen must show that their income satisfies the standards set under the Federal Poverty Guidelines. If their income is insufficient, they should also attach a Form I-864 or Form I-864A.

3. Intention to Marry

The couple should express their intention to be married within 90 days from the foreign citizen’s arrival in America. Documentary evidence will be needed. Most couples present receipts involved in the wedding preparations.

4. Legitimate Relationship

Couples should prove that their relationship is legitimate. They must establish a bona fide intent to live together, and their marriage is not a way to circumvent the law for the sake of immigration benefits. Couples may present photos, videos, and correspondence about their relationship.

5. No Legal Impediments to Marry

Applicants should not be married to anyone. If previously married, they must prove that said marriages have already been terminated either by death, divorce, or other legal means.

Visas for Spouses of U.S. Citizens

A U.S. citizen may petition for a foreign spouse by filing Form I-130 (Petition for Alien Relative) with the USCIS. Through this, a foreign spouse may become eligible for an IR1 or CR1 visa. The USCIS will issue an IR1 Visa if the couple has been married for more than two (2) years, while the CR1 Visa will be for those married for less than two years.

Before any of these visas could be approved, the couple should prove the following:

1. Marriage

The applicant couple should be married at the time of their application.

2. Income

The petitioner U.S. citizen’s income should comply with the Federal Poverty Guidelines. If their income is insufficient, they should also attach a Form I-864 or Form I-864A.

3. Marriage Certificate

The couple must present their valid marriage certificate. This document should contain the names of the couple, the date of marriage, and the place of marriage.

4. Proof of Marriage

Besides the marriage certificate, the couple should also attach compelling evidence that they celebrated a valid and legally binding marriage. They may present photos and footage of their wedding, joint bank account statements, and joint lease(s).

5. No Legal Impediments to Marry

Just like the Fiancé(e) visa, the couple should establish that they are not married to someone else. If previously married, they must prove that said marriages have already been terminated either by death, divorce, or other legal means.

Same-Sex Marriage

Since the legalization of same-sex marriage in the United States, homosexual couples have enjoyed the same immigration benefits as heterosexual couples. These benefits may extend to their children. For clarifications, talk with an immigration attorney.

We Are Here to Help

Whether you plan to file for a Fiancé(e) Visa or Spouse Visa, it is always wiser to seek legal guidance from experts. If you are looking for experienced and highly trusted Los Angeles immigration lawyers, contact ALG Lawyers. You can rely on our skillsets and connections for the realization of your long-awaited American Dream.