Love can cross borders, but U.S. immigration law can make it difficult for couples to start their lives together. Whether you’re engaged to a U.S. citizen or already married, there are visa options that can allow your partner to enter or remain in the United States legally.
The two most common paths are the K-1 fiancé visa and the marriage-based immigrant visa (CR-1 or IR-1). While both can lead to a green card, the requirements, timelines, and costs are very different. Understanding those differences can help you choose the right path for your relationship.
Choosing the Right Path for Your Relationship
If you’re unsure which visa fits your situation, it’s a good idea to talk with a knowledgeable immigration lawyer. At Pelton + Balducci, our Louisiana immigration attorneys have helped countless couples navigate these complex processes. We’ll explain your options clearly, guide you through each step, and make sure your case is filed properly the first time.
The Fiancé Visa (K-1): For Couples Planning to Marry in the U.S.
The K-1 visa allows a U.S. citizen to bring their foreign fiancé(e) to the United States for the purpose of marriage. Once approved, the fiancé(e) can enter the U.S., but the couple must get married within 90 days of arrival.
After marriage, the foreign spouse can then apply for a green card through adjustment of status without leaving the country.
Key eligibility requirements include:
- The sponsoring partner must be a U.S. citizen (green card holders cannot file for a fiancé visa).
- Both partners must have met in person within the past two years (with limited exceptions).
- Both must be legally free to marry.
- The relationship must be genuine — supported by evidence like photos, correspondence, and joint plans.
Advantages of a K-1 visa:
- Allows the fiancé(e) to come to the U.S. relatively quickly.
- Lets the couple marry in the U.S. and then apply for a green card.
Disadvantages:
- The process involves two applications (one for the visa, one for the green card), which increases both cost and time.
- Work authorization is limited until the green card process begins.
- The foreign fiancé(e) cannot bring children unless they are listed as K-2 dependents.
The Marriage Visa (CR-1 or IR-1): For Couples Already Married
If you are already married, whether the marriage took place in the U.S. or abroad, you may be eligible for a marriage-based immigrant visa.
The CR-1 (Conditional Resident) and IR-1 (Immediate Relative) visas allow the foreign spouse of a U.S. citizen or lawful permanent resident to enter the United States as a permanent resident. This means they receive a green card shortly after arrival and do not need to adjust status once inside the country.
Eligibility requirements include:
- A valid, legally recognized marriage.
- The sponsoring spouse must be a U.S. citizen or lawful permanent resident.
- The marriage must be bona fide, meaning it’s entered into in good faith, not for immigration purposes.
Advantages of a marriage visa:
- The foreign spouse arrives in the U.S. as a green card holder.
- Typically less expensive overall since it involves one major application process.
- Spouses can live and work in the U.S. immediately after entry.
Disadvantages:
- The process often takes longer than a K-1 visa, especially when processing occurs through U.S. consulates abroad.
- Couples must already be legally married before applying.
K-1 vs. CR-1: Key Differences at a Glance
| Feature | K-1 Fiancé Visa | CR-1/IR-1 Marriage Visa |
| Who can apply? | U.S. citizen filing for a foreign fiancé(e) | U.S. citizen or permanent resident filing for spouse |
| Where marriage occurs | Must marry in the U.S. within 90 days | Already married (in the U.S. or abroad) |
| When a green card is issued | After marriage and adjustment of status | Upon arrival in the U.S. |
| Processing time | 9–16 months on average | 12–18 months on average |
| Work authorization | Must apply after marriage | Granted automatically with a green card |
| Total cost | Higher (two applications) | Lower (one main process) |
Which Option Is Right for You?
If your goal is to marry soon and start life together in the U.S., the K-1 visa may be the right path. If you’re already married or plan to marry abroad, the CR-1/IR-1 visa often makes more sense, especially if you want your spouse to arrive as a permanent resident from day one.
Because immigration rules can be confusing, it’s best to discuss your plans with an experienced immigration attorney who can evaluate your timeline, location, and eligibility.
Contact Pelton + Balducci Today
At Pelton + Balducci, our New Orleans immigration lawyers have over 50 years of combined experience guiding families and couples through the U.S. immigration process. We handle both fiancé and marriage visa cases with care, efficiency, and attention to detail, helping you focus on your future together.
Contact us today to schedule a consultation and take the next step toward building your life in the United States with the one you love.
FAQs About Fiancé and Marriage Visas
- What is the main difference between a fiancé visa and a marriage visa?
A fiancé visa (K-1) allows a foreign fiancé(e) of a U.S. citizen to enter the United States to get married within 90 days. A marriage visa (CR-1 or IR-1) is for couples who are already married, allowing the foreign spouse to enter as a lawful permanent resident. - Can a green card holder apply for a fiancé visa?
No. Only U.S. citizens can petition for a fiancé using the K-1 visa. Green card holders can, however, file for their spouse through a marriage-based immigrant visa. - Which visa is faster: fiancé or marriage?
Processing times can vary, but fiancé visas are often slightly faster to obtain. However, because the fiancé(e) must later apply for a green card after marriage, the overall process can take longer and cost more than the marriage visa route. - Can my children come with me on a fiancé or marriage visa?
Yes. Minor children of a K-1 visa applicant can be included as K-2 dependents, while children of a marriage-based applicant can usually receive CR-2 or IR-2 visas. - What if we get married after filing the fiancé visa?
If you marry before the K-1 visa is approved, your case is no longer eligible for a fiancé visa. You’ll need to start a new petition for a marriage-based immigrant visa instead. - Which visa is better in the long run?
If you’re already married or plan to marry abroad, the marriage visa is generally more efficient and cost-effective since it leads directly to a green card. The fiancé visa may make sense if you want to marry in the U.S. sooner, but it involves two steps and more waiting overall.
