https://www.visacoach.com/fiancee-visa-is-better-than-spouse/ In choosing between applying for a K1 Fiance Visa to bring one’s prospective spouse to the USA, versus, immediately marrying then applying for a CR1 Spouse visa, here are listed the top reasons why the K1 Fiance Visa is selected.
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Fiancee or Spouse visa, Which one is right for you? https://www.visacoach.com/fiance-vs-spouse-which-is-better/
K1 Fiance Visa https://www.visacoach.com/how-to-bring-fiance-usa/
K1 Fiance Visa Timeline https://www.visacoach.com/k1-visa-timeline/
CR1 Spousal Visa https://www.visacoach.com/how-to-bring-spouse-to-usa/
CR1 Spouse Visa Timeline https://www.visacoach.com/spouse-visa-timeline/
Green Card /Adjustment of Status https://www.visacoach.com/green-card/
I get calls every day. And the conversation usually starts with no preamble but “I have
a girl or boy friend overseas, please tell me, what is the BEST visa to get him or her here, Fiance or Spouse”?”
My answer always is “well, it depends upon your situation and what your priorities are. It depends on what is important to you. Is it fastest speed? Lowest Cost? Relative simplicity? Are children involved? How old are they? Do you have enough income to self sponsor or do you need a co-sponsor?” And so on.
Only after I understand what the person’s situation is, and what his or her priorities are, can I suggest what visa might fit.
On reviewing annual US immigration statistics comparing how many K1 fiance visas are issued, compared to CR1 spouse visas, there is no clear cut winner in the “which is better” contest.
Amazingly enough it’s a TIE !
In recent experience about 40,000 of EACH are issued annually.
Again the real answer is “it depends”. That is one of the main reasons I invite future clients to first book a free case evaluation with me. Besides giving us the chance to get to know each other, and feel if we can work together, it gives me the opportunity to learn what is going on, and what the person wants. Then together we discuss the pros and cons and figure out which of the two visas best fits.
But today, I am going to list just the PROS, the TOP positive reasons why most who choose the Fiance Visa path, actually choose it. Next month I will take the other side and list the top reasons why a Spouse visa path is chosen instead.
Reason #1. Fiance visa is twice as fast
In 2018 this means while a spouse visa takes 14 to 18 months on average, a Fiance visa will get your fiancee to the US much sooner, in half the time, only 8 to 9 months on average.
The reason the spouse visa takes longer than the fiance visa, is because the time to approve permanent residency is included in the spouse visas processing time.
A K1 Fiancée visa is considered a non-immigrant visa. Non-immigrant means it is only for a short and temporary stay, and that is only 90 days. This compares to a regular immigration visa like a CR1 Spouse Visa which not only gives the person permission to enter the USA, but also grants permission to remain permanently as a lawful permanent green card holding resident.
A fiance visa does not need to include the the time it takes to review for permanent residency and green card approval, only approval for a short 90 day visit instead. And immigration knows that their fiance visa review can be less vigorous and thus faster because they understand, that if the fiancee marries and applies to remain in the USA, there will be a second chance to review the applicant all over again, when the new bride or groom applies for permanent residency after arrival, after the wedding.
Reason #2. Wedding in USA
The second reason a fiance visa is better is when the couple wants to celebrate their wedding in the United States. Usually this means they want to share their happiness with their American family and friends.
Reason #3. Fiance’s Children ages 18 to 21 are still eligible to immigrate with Parent
The third reason that a fiancée visa is better is when the foreign fiancé wants to bring his or her children to the USA, who are 18 years of age or older.
When applying for a fiance or spouse visa the American sponsor can also at the same time apply to bring to the USA the dependent children of his or her fiance or spouse.
If the wedding has taken place, the American sponsor can apply for a spouse visa, and regular immigration for any child who was under 18 years old on the day of the wedding. The American
Spouse is limited to only apply for the under 18 year old’s. Any children aged 18 to 21 would be left behind.
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