Getting a visa is a challenging proposition under the best circumstances. There are several different paths to citizenship, including through fiancé(e) visas, marriage-based visas, and family-based visas — and each of them has different guidelines and rules to follow.
If you or someone you love needs a green card, you may know firsthand how difficult it is to navigate the complicated immigration process to become a legal resident of the United States. A seasoned immigration attorney in New Jersey can help you cut through the maze and decide which visa application is the appropriate one for your circumstances.
Fiancé-Based Visa (K-1) vs. Marriage-Based Visa (CR-1 or IR-1)
A lot of the confusion for some people looking for citizenship for themselves or a would-be spouse lies with the differences between a fiancé-based visa and a marriage-based visa. There are advantages and drawbacks to both, and which fits one person’s situation is not always ideal for another couple.
The fiancé-based visa is a type of visa that allows a foreign citizen to enter the United States to marry a U.S. citizen, and then after that happens, applying for an adjustment of status (AOS) and getting a green card. Fiancé-based visas are nonimmigrant visas. An AOS is a formal request to become a permanent resident of the United States.
By comparison, a marriage-based visa is an immigrant visa that the foreign spouse obtains after getting married outside the country. The visa allows the foreign spouse to immigrate to the United States to live permanently with a spouse who is a U.S. citizen.
Getting a K-1 or Fiancé-Based Visa
The process of getting a fiancé-based visa begins when the citizen of the United States files a Petition for Alien Fiance with USCIS. Following petition approval, an interview is scheduled at the U.S. consulate located in the country where the fiancé lives. If everything goes as planned during the interview and the fiancé-based visa is approved, it is issued by the consulate. The foreign fiancé-based visa is good for six months after issue. If the fiancé doesn’t enter the U.S. during that time, the visa expires.
Fiancé-based visas are nonimmigrant visas, so they do not permit the holder to stay in the country permanently. It only allows the person to enter the United States for the purpose of marrying a United States citizen.
The couple must get married and then work on an AOS application within 90 days of the person entering the country. Successfully filing an AOS application allows the foreign spouse to legally live in the country while the USCIS interview is pending.
Filling out an AOS application packet is a tricky endeavor that requires completing six formal documents, including an affidavit of support and declaration of self-sufficiency and providing birth certificates and various other documentation, such as a vaccination record. After completing a successful interview at a local office of USCIS, a green card is issued.
Getting a CR-1/IR-1 or Marriage-Based Visa
If the couple decides to get married out of the United States, then a marriage-based visa is required for the new spouse’s entry into the country. The process starts with the U.S. citizen filing a Petition for Alien Relative, asking to reserve a visa number for the spouse. The process is generally the fastest route because there are no limits to the number of marriage-based visas that are issued each year, and marrying a U.S. citizen makes the spouse an instant relative.
The onus is on the newly married couple to prove the validity of their foreign marriage when opting to go the marriage-based visa route. They will also need to prove that any previous marriages were terminated by divorce or the death of a previous spouse. The U.S. citizen must show that their income is above 125 percent of the federal poverty level. And above all, they may need to present evidence that the marriage is not based on fraud, accomplishable with pictures taken of the couple together, proof of joint accounts, or a lease showing joint tenancy.
Whether a couple decides on a fiancé-based visa or a marriage-based visa depends on several things, including how fast the non-citizen wants to come to the country and where the couple wishes to be wed.
Family-Based Visas (I-485)
Family sponsorship is a viable path to legal citizenship in many cases. Family-based visas allow individuals to live in the country because of their familial relationship with a legal U.S. citizen. The top preference for family-based visas is given to unmarried children of U.S. citizens over the age of 21. Second, third, and fourth preferences for family-based visas are given to U.S. citizens’ spouses and unmarried children of any age, married children and their spouses and children age 21 and under, and siblings/siblings’ spouses and their children age 21 and under, respectively.
Unsure Where to Turn?
Whether a couple decides on a fiancé-based visa or a marriage-based visa depends on several things, including how fast the non-citizen wants to come to the country and where the couple wishes to be wed.
Reach out to the caring, compassionate, and knowledgeable immigration attorneys at The Vigneault Law Firm for help with fiancé visas, marriage-based visas, and family-based visas. Find out how you can charter a course to permanent residency or get help with adjustment of status, employment authorization, and other citizenship and immigration services. For more information about our other practice areas, including divorce and family law, reach out to our team today!
