What is the Difference Between Fiancé Visa and Marriage-Based Green Card?

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USCIS seeks to promote family unity for couples
by issuing a K-1 Fiancé Visa and Marriage-Based
Green Card (CR-1 Spouse Visa). Immigration Law
Firms like Salinas Law Firm have helped countless
of individuals obtain Visas according to USCIS
requirements. However, couples often have doubts
and questions regarding both visas. In this we
will explain the difference between K1 Fiancé
Visa and Marriage-Based Green Card.
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What Is K1 Fiancé Visa And Marriage-Based Green
Card?
A K1 Fiancé Visa is part of the temporary visa
category and issued to couples who are engaged
(not married) to a U.S. Citizen partner living in
the U.S. and intends to get married within 90
days after the foreign couple's arrival in the
U.S. The marriage must be legitimate and in good
faith, or else your Visa will be revoked if it is
found to be fraudulent and for immigration
purposes. After marriage, the foreign Fiancé can
apply for a Marriage-Based Green Card. In
contrast, Marriage-Based Green Cards (CR-1 Visas)
are issued to applicants married to U.S. citizens
for less than two years, and the other partner
resides abroad. CR1 Visas are issued on a
conditional basis.
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Two years after the applicant's (foreign spouse)
arrival in the U.S., the couple can apply for
removal of conditions. After that, the applicant
will receive an updated 10-year Permanent
Resident Green Card. The timelines, costs,
eligibility criteria, and process to acquire
these two visas differ.
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Processing Time For K-1 Fiancé Visa And CR-1
Spouse Visa
USCIS will process the petition for the visa and
the processing time for both varies. If your case
is not convincing and the relationship evidence
is not sufficient, they might request additional
documents. USCIS releases processing time for
both visas, including their forms Form I-129F
for Fiancé Visa Form I-130 for
Spousal/Marriage-Based Green Card Visa. The
approximate time taken for processing a K1 Fiancé
Visa is 10.5-19 months, calculated from the
moment you apply for it until you receive your
visa approval. It varies depending on which
National Visa Center (NVC) handles your case, and
you can check on the bulletin list on the USCIS
website. You must enter the U.S. within six
months after your Visa approval.
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The time taken for processing CR1 Spousal Visa
varies depending on whom you are married to, a
U.S. Citizen or Permanent Resident. The petition
processing time for CR-1 Spousal Visa can be 13
to 16 months for a U.S. Citizen spouse and 27 to
32 months for Green Card Holder spouse. The time
duration varies depending on which center handles
your case. Check the visa processing time on the
USCIS Website bulletin list.
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Eligibility Criteria For K-1 Fiancé Visa

• Sponsoring individuals must be a U.S. Citizen.
  Permanent Residents (Green Card Holders) can't
  sponsor their Fiancé for K1 Visa.
• The couple must get married within 90 days of the
  Foreign Fiancé's arrival in the U.S. The marriage
  should be legitimate and in good faith, not
  solely for Immigration purposes.
• Both partners must be unmarried. Any past
  marriages must be legally terminated.
• You can read more about Eligibility Criteria
  the Process in Detailed in our other blog, A
  Complete Guide for Getting a K-1 Fiancé Visa.
  for your reference.

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Eligibility Criteria And Requirements For CR-1
Spousal Visa

• The Sponsor must be a U.S. citizen or green card
  holder
• The couple must be lawfully married and provide
  their official Marriage Certificate.
• The legitimacy of the marriage must be proven
  with evidence, such as photographs of each other,
  flight itineraries of visiting each other, or any
  other documents to show that the marriage was
  conducted in good faith.
• The Sponsor must sign an undertaking to support
  their spouse financially must file an Affidavit
  of Support. The Sponsor must have the means to
  support at 125 of the Federal Poverty Level. If
  the Sponsor fails to meet the necessary income
  requirements, they may use a Joint Sponsor to
  meet the income requirements.

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• The Sponsor must prove their domicile (legal
  residence of the U.S.) or a piece of evidence
  that they plan to return to the U.S. with their
  Foreign Spouse.
• Learn more about Eligibility Criteria the
  Process in Detailed in our other blog, A
  Comprehensive Guide on Obtaining a CR1 and IR1
  Spouse Visa. for your reference.

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K-1 Visa Vs. CR-1 Spousal Visa Which Is Less
Costly And Has A Better Approval Rate?
Though the processing time for both visas differs
by substantial months, a CR-1 Spouse Visa may
have a higher approval rate depending on the
length of the marriage. A K-1 Visa may require
the submission of additional documents to prove
the legitimacy of the relationship. In a CR-1
Visa, the marriage has already been established,
and may be more straightforward to prove it is a
bona fide marriage. CR-1 Visa Holder has the
benefit of working in the U.S. after they arrive
in the U.S. They aren't required to apply for a
work permit. Also, as lawful permanent residents,
CR-1 Visa Holders can travel outside the U.S. for
leisure and work. However, they shouldn't leave
the U.S. for over a year, as it will affect their
Marriage-Based Green Card Eligibility and
re-entry into the country.
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Obtaining a Marriage-Based Green Card via the
CR-1 Visa route can be less costly than the K-1
Visa route because the latter has to opt for a
work travel permit, which the CR-1 Visa Holder
does not require a permit. To summarize, if
circumstances allow it may be wise to marry
outside the U.S. and apply for a Marriage-Based
Green Card to save time and money. We recommend
reading our other blog, "How to Change Your
Status from a K-1 Visa to a Marriage Green Card?"
for your reference.
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Conclusion
After reading this, you will have outstanding
clarification of the difference between the K-1
Fiancé Visa and a Marriage-Based Green Card (CR-1
Spousal Visa), their eligibility criteria,
processing time, and which is less costly and has
a better approval rate. However, if you have
questions or need assistance, feel free to
contact us. At Salinas Law Firm, we provide
comprehensive assistance with obtaining both K-1
Fiancé Visa and CR-1 Spousal Visa. As one of the
most experienced Immigration Law Firm in Houston,
Texas, we have helped countless of couples and
individuals acquire Immigrant Visas and
Marriage-Based Green Cards.
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Conclusion
Our experienced Houston Immigration Visa
Attorneys are proficient in completing the
paperwork documents required for faster
approval. We can also help you with Citizenship
and Naturalization to ensure you fulfil the U.S.
citizenship requirements. Call us at
713.518.1711 for a consultation with our Houston
Immigration Visa Lawyer.
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6060 Richmond Ave. 240, Houston, TX, USA - 77057
http//www.salinas-law.com
713.518.1711