K-1 Visa vs. IR-1/CR-1 Visa: What’s the Difference?

In the intricate web of immigration law, couples seeking to unite across borders often find themselves at a crossroads: Which visa option is best suited for their circumstances? Among the myriad of choices, two popular pathways stand out: the K-1 Visa (the so-called Fiancé(e) Visa) and the IR-1/CR-1 Visa (Spousal Visa). In this blog post, we’ll delve into the nuances of each, exploring their processes, requirements, and benefits, to aid couples in making informed decisions regarding their journey to reside together in the United States.

Understanding the K-1 Visa

The K-1 Visa, is a non-immigrant visa designed for the fiancé(e) of a US citizen to enter the United States for the purpose of getting married. This visa allows the foreign fiancé(e) to travel to the US and marry their partner within 90 days of arrival. As this is a non-immigrant visa, K-1 holders are regarded as temporary visitors. However, once the couple gets married, the foreign spouse can apply for adjustment of status (AoS). The important difference from the IR-1/CR-1 Visa is that only partners of US citizens can apply for a K-1 visa, partners of Lawful Permanent Residents (LPR), or Green Card Holders, must apply for a IR-1/CR-1 Visa. 

Conditions to Apply For a K-1 Visa:

1. The petitioning fiancé(e) must be a US citizen.
2. The couple must have met physically within 2 years before applying.
3. The couple must intend to marry within 90 days of the foreign fiancé(e)’s admission to the US with s K-1 visa.
4. Both parties must legally be free to marry.

The K-1 Visa Process:

1. The US citizen must file Form I-129F, Petition for Alien Fiancé(e), through USCIS. This initiates the process of bringing the fiancé(e) to the US.

The petition should include evidence proving the bona fide relationship between the couple by evidence such as photos together, copies of communication, affidavits from friends and family, travel itineraries among others.

1. Once the petition is approved, the case is transferred to the US embassy or consulate in the fiancé(e)’s home country. At this time, the foreign fiancé will complete Form DS-160, Nonimmigrant Visa Application, to initiate the application. Then, the petitioning fiancé(e) must fill out Form I-134, Affidavit of Support, proving they can support their partner once they arrive in the US. The Petitioner must meet the minimum income requirements outlined by the HHS Poverty Guidelines https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines. 
2. Once all other additional documents are submitted, the fiancé(e) will attend an interview at the embassy or consulate and be issued a K-1 Visa. 
3. Upon receiving the K-1 Visa, the fiancé(e) can enter the US and must marry their sponsoring partner within 90 days of arrival. 
4. After marriage, they can apply for adjustment of status by filing Form I-485, to obtain lawful permanent residence (Green Card).

Understanding the IR-1/CR-1 Visa

Consular Processing is another route for couples seeking immigration to the US. Unlike the K-1 Visa, which is specifically for fiancé(e)s, A CR1/IR1 visa enables a U.S. citizen or lawful permanent resident (green card holder) to sponsor their spouse from another country to immigrate to the United States.

Conditions to Apply for a IR-1/CR-1 Visa:

1. The petitioning fiancé(e) must be a US citizen or a Green Card Holder.
2. The sponsor must have a U.S. domicile.
3. The couple must be legally and lawfully married.

The IR-1/CR-1 Visa Process:

1. The US citizen spouse must file Form I-130, Petition for Alien Relative, with USCIS to establish the relationship between the petitioner and the foreign spouse.

The petition should include evidence proving the bona fide relationship between the couple by evidence such as photos together, copies of communication, affidavits from friends and family, travel itineraries among others.

1. Once the I-130 petition is approved, it is transferred to the National Visa Center (NVC), which handles visa processing. Once an information mal arrives from the NVC, the foreign spouse fills Form DS-260, Immigrant Visa Application, to start the process. During the process, the Petitioner files Form I-864, Affidavit of Support, proving they can support their partner once they arrive in the US. The Petitioner must meet the minimum income requirements outlined by the HHS Poverty Guidelines https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines. 
2. Once all other additional documents are submitted, the fiancé(e) will attend an interview at the embassy or consulate and issued a IR-1/CR-1 Visa. 
3. Upon approval, the foreign spouse is issued an immigrant visa, allowing them to enter the US as a lawful permanent resident. Afterwards, once the USCIS Immigrant Fee is paid, the foreign spouse will receive a Green Card shortly after arrival.

Comparing the Two Options

The average time of processing for the IR-1/CR-1 Visa is between 12 to 18 months while the processing time for a K-1 visa is shorter, around 10 to 12 months. However, the advantage of a IR-1/CR-1 Visa is that within the arrival in the US, the foreign spouse automatically gains permanent residency. With the K-1 Visa, after the arrival in the US, the couple first needs to get married and then apply for adjustment of status by filling Form I-485. The average processing time for Form I-485 is 10 months. Additionally, if the couple do not also fill a Form I-765 for Employment Authorization Document and Form I-131 for Application for Travel Document, the foreign spouse will not be able to work or travel internationally until Form I-485 is processed. This process puts the K-1 Visa at a disadvantage as the total amount of time required to obtain permanent residency takes significantly longer and holds particular challenges for work and travel options. 

Including the Form I-485 fee, the process of acquiring a green card through the K-1 Visa currently costs $2380. The process of acquiring permanent residency with the IR-1/CR-1 Visa currently costs $1340, including the USCIS Immigration fee required to receive the Green Card.

In conclusion, while the K-1 allows the couple to reunite sooner, it is more expensive and takes longer to obtain a green card. If the couple does not mind being apart for a slightly longer time, the IR-1/CR-1 Visa will pose more advantages.