A common question asked by clients is “what is better, the fiancée or the spousal visa?”. Let us first explain what each of these processes are.

Also known as the K-1 visa, the fiancée visa is a nonimmigrant visa that allows foreign nationals who are engaged to a U.S. Citizen to enter the United States for the purpose of getting married and subsequently apply for a Green Card. This visa is designed to give the couple an opportunity to marry within 90 days of the foreign national’s entry into the United States. Conversely, the spousal visa, also known as the Green Card, is a type of immigrant visa that allows a foreign national who is married to a U.S. citizen or lawful permanent resident to enter and reside in the United States.

So, why may the fiancée visa be better?

First, the fiancée visa generally has a faster processing time. The K-1 petition and consular application processing times are generally quicker than those of a spousal petition and immigrant visa process. The fiancée visa processing times vary from country to country; however, these processes usually take from ten months to one year and half to complete. On the other hand, the spousal visa’s processing times also vary but are expected to take anywhere from one year and a half to three years.

Second, the fiancée visa gives the foreign national an immediate legal status in the United States. Once the foreign national enters the United States and marries his spouse, the foreign national may apply for a Green Card through an adjustment of status. This process allows the foreign national to work and live in the United States legally while their Green Card application is being processed. With the spousal visa, the foreign national has to remain in their home country until their visa is approved.

Por último, la visa de prometido/a permite que la pareja se case en los Estados Unidos. Esto puede proporcionar más flexibilidad para planificar la boda y hacer los arreglos necesarios en los Estados Unidos. Con la visa de cónyuge, la pareja generalmente necesita casarse en el extranjero debido a que el extranjero puede no tener una visa para ingresar a los Estados Unidos y para evitar problemas relacionados con la intención de inmigración.

Would you like to learn more about the pros and cons of the fiancée or spousal visa? Call us at (915) 314-2363!