US- Immigration – Fiancé Visa vs Spousal Visa
Spousal Visa
The Spousal Visa or the marriage-based green card (CR-1) is available to spouses of US citizens. The parties must have contracted a legally binding marriage anywhere (including the United States) and often they would be required to present a marriage certificate as evidence of the marriage.
Who is Eligible?
- Your Spouse
Filing Requirement for entry to the United States
Form I- 485 – Application to Register Permanent Residence or Adjust Status
Fiance Visa
The fiancé visa (K-1 visa) is available for the fiancé(e) of US citizens who are currently reside outside the United States and who intend to get married to their US citizen fiancé(e) within 90 days of arriving in the United States.
Who is Eligible?
- Your fiancé
- Unmarried children of your fiancé under 21 years
- Children of your fiancé must continue to remain unmarried and under 21 in order to be admitted to the United States as K-2 nonimmigrants. They may travel with your fiancé(e) or later, but they cannot travel to the U.S. before your fiancé(e).
Filling Requirement for entry to the United States
Form I-129F – Petition for Alien Fiancé(e)
Failure to Marry Within 90 Days
Generally, your fiancé(e) and his or her children must leave the United States at the end of the 90 days if you do not marry. If they do not depart, they will be in violation of U.S. immigration law.
