Love knows no borders. If you and your partner are considering the next steps in your journey together, understanding your immigration options is crucial. McEntee Law Group recently hosted a webinar outlining the key pathways for couples navigating the U.S. immigration system: the K-1 Fiancé Visa and the Marriage-Based Visa. No matter where you’re from or where your love story began, here’s a breakdown of what you need to know:
K-1 Fiancé Visa: Love First, Marriage Second
The K-1 Fiancé Visa is designed for couples who are engaged but not yet married. This visa allows the foreign national fiancé(e) to enter the U.S. under the condition that they marry their U.S. citizen petitioner within 90 days of arrival.
Key Requirements:
- The petitioner must be a U.S. citizen.
- Both partners must be legally free to marry.
- The couple must have met in person within the past two years (with some exceptions for extreme hardship or cultural reasons).
- The petitioner must meet income requirements (at least 100% of the federal poverty guidelines).
Process & Timeline:
- Filing the I-129F Petition: The U.S. citizen files this petition with USCIS, which can take 12-15 months for approval.
- National Visa Center & Consular Processing: After USCIS approval, the case is transferred to the NVC and then the U.S. embassy or consulate in the fiancé(e)’s home country, adding another 1-2 months.
- Interview & Visa Issuance: The beneficiary undergoes a medical exam and interview, receiving the K-1 visa upon approval.
- Entry to the U.S. & Marriage: Once in the U.S., the couple must marry within 90 days.
- Adjustment of Status: The new spouse applies for a green card, which includes biometrics, a work permit, and an interview. This process takes approximately 12-24 months.
Pros & Cons of the K-1 Visa:
✅ Allows couples to be together in the U.S. before marriage.
✅ Lower income threshold for initial petition.
❌ No work authorization until adjustment of status is filed.
❌ Requires two separate applications (K-1 visa and then green card), making it a longer and more expensive process.
Marriage-Based Visa: Tying the Knot First
For couples who are already legally married, the marriage-based visa is the alternative pathway. A U.S. citizen or Lawful Permanent Resident (LPR) can sponsor their spouse for an immigrant visa.
Key Requirements:
- The marriage must be legally recognized.
- The petitioner must meet financial sponsorship requirements (125% of the federal poverty guidelines).
- The couple must provide evidence of a bona fide marriage (joint finances, shared residence, etc.).
Process & Timeline:
- Filing the I-130 Petition: The U.S. citizen or LPR submits this petition to USCIS, taking 8-12 months for approval.
- National Visa Center & Consular Processing: After USCIS approval, the case moves to the NVC and then the embassy, adding another 3-6 months.
- Visa Interview & Entry to the U.S.: Once approved, the beneficiary enters the U.S. with an immigrant visa, which automatically converts to a green card upon arrival.
Pros & Cons of the Marriage-Based Visa:
✅ Leads directly to permanent residency upon entry.
✅ Allows for joint sponsors if the petitioner doesn’t meet income requirements.
❌ Requires the couple to be married before beginning the process.
❌ If the spouse is abroad, they may have to wait outside the U.S. for months while the application is processed.
Which Option Is Right for You?
- If you’re engaged and want to start your life together in the U.S. before marriage, the K-1 Fiancé Visa is a good option.
- If you’re already married and prefer a direct path to a green card, the Marriage-Based Visa is the better route.
At McEntee Law Group, we specialize in guiding couples through the complex immigration process. Contact us today to discuss your options and start your journey to building your future together in the U.S.
