Fiancée Visa or Spousal Visa?
Every day we receive phone calls and emails from men and women wanting our advice as to whether they should marry first and file for a CR1 spousal visa, or file for a K1 fiancée visa and marry after the fiancée enters the U.S. on the K1 visa.
There are many factors that enter into this equation. Some of these factors are:
- The country in which the foreign fiancée (beneficiary) resides.
- The state in which the American (petitioner) resides.
- The ages of the beneficiary and the petitioner.
- The age difference between the beneficiary and the petitioner.
- The sex of the petitioner.
- The adjusted gross income of the petitioner.
- Criminal convictions of the petitioner.
- Criminal convictions of the beneficiary.
- Whether the beneficiary has any children who will need visas.
- The ages of the beneficiary’s children.
- Whether the petitioner has filed previously for a K1 fiancée visa.
- How soon after arrival in the U.S. the beneficiary wants to be able to legally work.
- How soon after arrival in the U.S. the beneficiary wants to be able to depart the U.S. with the right to reenter the U.S.
To further complicate the situation, in some cases where the beneficiary is already in the U.S. on another type of visa, we can avoid the visa process completely, keep the beneficiary in the U.S. legally and adjust the beneficiary’s status (obtain a green card).
As you can see from the information above, if you are not already married, the decision as to which process to file for can be complicated. When you call us we will ask you questions regarding you and your fiancée and then, if you want it, give you our opinion as to which visa makes the most sense for your particular situation.
We do not charge for phone calls.