Understanding the differences between the fiancé visa and spouse visa can help you prepare the appropriate immigration paperwork and submit it on time. The fiancé visa is available for a qualifying applicant engaged to marry a United States citizen or someone who has a Green card. In contrast, a spouse visa allows someone married to a United States citizen or Green Card holder to get their lawful permanent resident card.
Getachew & Ansari Immigration Attorneys, P.C., is prepared to help you identify and apply for the right visa for your situation. Our law firm focuses exclusively on serving people who are applying for or working to maintain their visa status with the United States. Our experienced K-1 visa lawyer can help you solve most immigration matters you may be experiencing.
What Is a Fiancé Visa (K-1 Visa)?
A fiancé visa (also called a K-1 visa) is a type of visa someone requests if they are engaged to marry someone who is a United States citizen or who has a Green Card. To qualify for this type of visa, the person must meet the eligibility criteria in the immigration rules. For example, they should not have certain types of criminal convictions on their record or be coming to the United States for unlawful purposes. Additionally, the two fiancés should have plans to marry each other within 90 days of the non-citizen fiancé being admitted to the United States.
Understanding the Spouse Visa
A spouse visa allows a U.S. citizen or Green Card holder to have their spouse admitted to the U.S. and request a Green Card. This type of visa is available for someone in a legitimate marriage to a US citizen or lawful permanent resident.
Likewise, someone with a fiancé visa who marries a United States citizen or Green Card holder can apply for a change in status and receive a Green Card. They would need to meet the requirements outlined in the law and submit the appropriate paperwork promptly.
K-1 Visa vs Spouse Visa Key Differences
The K-1 visa and spouse visa are both options for someone to apply for a visa because of their legitimate relationship with someone who is a citizen of the United States or has a Green Card.
However, there are key differences between the two.
The K-1 visa is for someone who has plans to marry someone who is a U.S. citizen or lawful permanent resident. The couple must plan to formally get married within 90 days after the non-citizen spouse is admitted to the United States.
In contrast, the spouse visa is for someone who has already married and is the spouse of a Green Card holder or U.S. citizen. Someone might have married a U.S. citizen abroad or while in the United States for other purposes, with or without a fiancé visa. Or the person might have had a K-1 visa, gone through with their wedding, and applied for a change in status to reflect this change.
Application Process and Tips for Success
The application process for a K-1 visa is different from a spouse visa, but there are some similarities. In both situations, the U.S. government will want to make sure the marriage or engagement is legitimate and not just to get a Green Card.
People need to understand and follow the steps for each so they have the best chance of having their application processed on time and successfully. An immigration attorney helps people through the procedures for applying for and securing different types of immigrant visas.
K-1 (fiancé) visa
The first step in requesting a K-1 visa is for someone to file a petition to tell the United States government about the relationship and ask it to legally recognize the engagement. The fiancé who is a United States citizen or Green Card holder is the person who files this petition.
Once this petition is approved, the alien fiancé prepares and files the K-1 visa application and submits the requested paperwork.
Items the U.S. government might want include copies of birth certificates, passports, recent and approved photographs, and required medical evaluations. The government then might interview both fiancés to ask them about their relationship, how they met, their wedding plans, and related matters. If the K-1 visa is approved, the two fiancés must get married within 90 days, and the alien spouse can ask to adjust their immigrant status to get a lawful permanent resident card.
Spouse visa
The spouse visa process can begin in a couple of ways. If the person previously received a fiancé visa and married their spouse within 90 days after being admitted, then they may apply for a spouse visa by asking the U.S. government to adjust their status.
Another option is for the spouse who is a U.S. citizen or Green Card holder to petition the U.S. government to let their alien spouse obtain a Green Card. If the U.S. government accepts the petition, the spouse who is not a U.S. citizen or a person with lawful permanent residency will apply for a Green Card based on their marriage.
They would need to submit the appropriate form and send copies of the required documents, such as their marriage license, birth certificate, passport, and approved photographs. The U.S. government may interview them and their spouse before approving or denying the request.
Contact an Experienced Visa Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
If you want to know how to go through the process of getting a fiancé visa vs a spouse visa, you are not alone. Many people have questions about how to get these types of visas, especially due to changes in immigration law or policy. An immigration attorney can guide you through these procedures and help explain the updated requirements you may need to follow.
Getachew & Ansari Immigration Attorneys, P.C., has been assisting the immigrant population for years as they immigrate to the United States due to marriage, engagement, asylum, or other reasons. Medya Ansari stays updated on shifts in immigration policy due to a change in administration or laws, and she is equipped to answer your questions with compassion and excellence. Call Medya and her team today by dialing 408-292-7995 to schedule a consultation.
