When to Choose a Fiancé(e) Visa vs. a Marriage-Based Green Card
For couples navigating the U.S. immigration system, one of the first decisions is whether to apply for a fiancé(e) visa (K-1) or a marriage-based green card. Both allow a foreign partner to enter or remain in the United States, but the requirements, timelines, and long-term outcomes differ.
At Sharma Law Associates, LLC, our New York immigration attorneys help couples weigh their options and choose the best path forward based on their unique circumstances.
Understanding the K-1 Fiancé(e) Visa
The K-1 visa is designed for foreign nationals engaged to U.S. citizens. It allows the fiancé(e) to enter the United States for marriage. The couple must marry within 90 days of arrival, after which the foreign spouse can apply for adjustment of status to become a lawful permanent resident.
This option is often chosen by couples who:
Want to marry in the United States rather than abroad.
Are not yet married but plan to be soon.
Prefer a faster process for entering the country, since K-1 visas may move more quickly than spousal visas in some cases.
However, couples should be prepared for multiple stages of the process, including the initial visa, marriage within the 90 days, and the adjustment of status application after the wedding.
Understanding the Marriage-Based Green Card
A marriage-based green card is available to foreign spouses of U.S. citizens and lawful permanent residents. If the marriage has already taken place, the U.S. spouse can file an immigrant petition on behalf of their partner. Depending on the spouse’s location, the process involves either adjustment of status (if already in the U.S.) or consular processing (if abroad).
This option is often best for couples who:
Are already married and want to move forward quickly.
Prefer to avoid the additional adjustment of status step required after a K-1 visa.
Want a more direct path to permanent residency.
Marriage-based green card holders typically receive conditional or permanent residency, depending on how long the marriage has lasted at the time of approval.
Key Differences Between the Two Options
While both options aim to unite couples in the U.S., there are significant differences to consider.
They include:
Timing of marriage: K-1 visas require the couple to marry within 90 days of entry, while spousal green cards are based on an existing marriage.
Eligibility: Only U.S. citizens can petition for a K-1 visa, but lawful permanent residents can petition for a spousal green card.
Number of applications: K-1 visas involve two significant steps (the visa itself and then adjustment of status), while a marriage-based green card is often a more streamlined process.
Processing times: Depending on the case, either option may move more quickly. Processing backlogs often determines which is faster.
Why Legal Guidance Matters
Choosing between a K-1 visa and a marriage-based green card is not always straightforward. Small details about your timing, residence, and immigration history can make one option much more advantageous than the other. At Sharma Law Associates, LLC, we carefully review each client’s circumstances to recommend the approach that best supports their goals while minimizing delays and complications.
Speak With a New York Immigration Attorney Today
Making the correct choice between a fiancé(e) visa and a marriage-based green card is critical for your future together. At Sharma Law Associates, LLC, our team provides clear guidance and strong advocacy to help couples navigate the process with confidence. Call 646-921-6630, contact us online, or schedule a personalized consultation on our calendar today to get started.
