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Both a K-1 (fiancé) visa and a CR-1 (spouse) visa are immigrant visas made for couples at various stages of their relationship with a lawful permanent resident of the United States. Do you want to know the differences between a fiance and a spousal visa? Keep reading this blog to learn more.
The foreign-born fiancé may enter the nation using the K-1 visa, a temporary visa designed for engaged couples wanting to wed in the US. The spouse visa, also known as the CR-1 visa, is for married couples when one spouse is a citizen of the United States and stays in the country while the other spouse resides overseas. Couples navigating the complicated immigration system must be aware of the variations in the application procedures and requirements for these marriage visas.
Relationship Status
The relationship status heavily influences the decision between a nonimmigrant visa like the K-1 visa and an immigrant visa like the spousal visa (CR-1). The K-1 visa is designed for couples who are currently engaged and want to wed in the United States legally. This visa enables the foreign fiancé(e) to enter the country with the intention of marrying their American spouse.
On the other hand, the spousal visa (CR-1) is intended for couples who have already made their commitment official by marriage and have at least one lawful permanent resident spouse. For couples looking to build or strengthen their relationships within the country, the distinction in relationship status is essential in deciding the best visa path.
Marriage Requirements
The marriage requirement is the difference between the fiancee visa (K-1) and the spouse visa (CR-1). The pair must marry within 90 days of the foreign-born fiancé’s arrival into the country to qualify for the K-1 fiancé visa. In contrast, the pair must already be lawfully married at the time of the visa application for the spousal visa (CR-1).
The spouse, a lawful permanent resident, petitions for the CR-1 visa through Citizenship and Immigration Services, proving their marriage. The National Visa Center handles the ensuing formalities, enabling the foreign spouse to declare permanent residency after arriving in the United States.
Proof of Relationship
Provide strong evidence of the validity of the relationship while applying for a marriage visa, whether it be a fiancé visa (K-1) or a spousal visa (CR-1). A genuine connection and the intention to get married within the allotted period are requirements for the fiancé visa. Correspondence, images, and records of in-person meetings are all acceptable forms of proof to bolster the credibility of the promise.
On the contrary, for a spousal visa (CR-1), the focus is on demonstrating an established marital relationship. This proof consists of crucial records, including marriage licenses, assets owned under joint ownership, financial obligations shared, and cohabitation agreements. For the successful application and acquisition of an immigrant visa, it is crucial to emphasize the genuine and strong ties between the couples.
Travel to The US
The foreign fiancé(e) is given permission to visit the country, particularly for the wedding, under the terms of the fiancé visa. After getting married within the allotted time, the foreign-born person can move forward with changing their status to that of a legal permanent resident. On the other hand, the spouse who was born outside of the United States can enter the country right away as a lawful permanent resident, thanks to the spousal visa (CR-1).
In either scenario, consulting an immigration lawyer for advice and assistance can be very helpful in navigating the complexities of the visa application process, ensuring compliance with the requirements, and ultimately facilitating a smooth transition into life as legal permanent residents for both the fiancé(e) and the foreign-born spouse, backed by their U.S. citizen or lawful permanent resident spouse.