For U.S. citizens in a relationship with someone abroad, one of the biggest decisions is how to bring that person to the United States. There are two common options: the K-1 visa for a fiancé or the immigrant visa for a spouse. Both are valid pathways, but they come with different timelines, procedures, and long-term implications.
Knowing which option makes the most sense for your situation depends on a few key factors: your relationship status, where you plan to get married, how quickly you want your partner to arrive, and how much processing time you are willing to wait through. In this blog, we’ll break down both options to help you understand what’s involved and which route might be right for you.
What the K-1 Fiancé Visa Does
The K-1 visa is designed for foreign nationals who are engaged to U.S. citizens. This visa allows the fiancé to enter the U.S. for the specific purpose of getting married. Once the fiancé arrives, the couple must marry within 90 days. After the wedding, the foreign national can apply for adjustment of status to become a lawful permanent resident (green card holder).
To qualify for a K-1 visa, the couple must:
- Both be legally free to marry
- Intend to marry within 90 days of the foreign fiancé’s arrival
- Have met in person at least once within the last two years (with limited exceptions)
- Provide evidence of a genuine relationship
The K-1 process starts with the U.S. citizen filing Form I-129F with USCIS. Once approved, the case is sent to the National Visa Center, then forwarded to the U.S. embassy or consulate in the foreign fiancé’s country. There will be a visa interview before entry is granted.
What the Marriage-Based Visa Involves
If you are already married to someone abroad, you can file a family-based immigrant petition. This process results in your spouse receiving a green card after entering the U.S. Unlike the K-1 visa, your spouse does not need to adjust status after arrival—they will be admitted as a permanent resident.
To qualify, you must:
- Be legally married to your spouse
- Be a U.S. citizen or lawful permanent resident
- Show the marriage is genuine and not entered into solely for immigration purposes
For U.S. citizens, this process involves filing Form I-130. If your spouse is outside the U.S., they will complete immigrant visa processing through a U.S. embassy. If they are inside the U.S. on another legal status, they may be able to adjust status without leaving.
Key Differences Between the Two Paths
The choice between a K-1 visa and a marriage-based visa affects the timeline, cost, and structure of the immigration process. Below are a few key differences to consider:
Processing Time
- The K-1 visa typically moves faster in the early stages. In some cases, the fiancé may arrive in the U.S. several months sooner than if the couple had married abroad and applied for a green card from overseas.
- However, the K-1 visa requires a second process—adjustment of status—after marriage, which adds time and cost.
- A marriage-based visa may take longer to approve up front, but once the spouse enters the U.S., they arrive with permanent resident status.
Total Cost
- The K-1 route involves multiple stages—filing the fiancé petition, paying for the visa interview, medical exam, and later, adjustment of status. These separate steps come with additional fees.
- The marriage-based visa has fewer stages, though the upfront costs may seem higher. In the long run, it can be more cost-effective because it avoids adjustment of status.
Flexibility for Travel and Work
- A spouse who enters on a green card can usually start working shortly after arrival and travel freely once their green card is in hand.
- A fiancé who arrives on a K-1 visa must wait until after the marriage and after applying for adjustment of status to receive a work permit or travel authorization. This delay can be frustrating, especially for those who need to work or travel quickly.
Legal Status at Entry
- K-1 visa holders arrive on non-immigrant visas with the intent to adjust status.
- Spouses of U.S. citizens or lawful permanent residents arrive as immigrants and become permanent residents immediately.
Marital Timeline
- If you are not yet married and want your partner to come to the U.S. for the wedding, the K-1 is the right fit.
- If you are already married or prefer to get married abroad, then the immigrant visa route is required. You cannot get a K-1 if you’re already legally married.
Impact of Status of the Petitioner
- Only U.S. citizens can petition for a K-1 fiancé visa.
- Lawful permanent residents cannot use the fiancé route—they can only file for a spouse.
- If you are a green card holder and engaged to someone abroad, you would need to marry first and then petition for them as a spouse.
Which Option Makes Sense for You
Choosing between the fiancé and spouse route often comes down to timing, goals, and personal preference.
The K-1 visa may be right if:
- You want your fiancé to come to the U.S. quickly
- You plan to get married in the U.S.
- You are prepared to handle the second stage of the process after arrival
The marriage-based visa may be better if:
- You are already married or planning to marry abroad
- You prefer to complete the process before your spouse enters the U.S.
- You want your spouse to arrive with permanent resident status
Each situation is unique. Some couples value speed, while others want to avoid the extra steps of the K-1 path. In either case, the U.S. government will evaluate the relationship carefully, looking for signs that the marriage or engagement is real.
Avoiding Mistakes and Delays
Both visa paths require accurate paperwork, strong supporting documents, and a clear understanding of immigration timelines. Errors can lead to delays or denials. USCIS and consular officers carefully review relationship evidence, especially for K-1 cases, where concerns about fraud are more common.
An immigration attorney can help you avoid common pitfalls, prepare for interviews, and navigate any unexpected issues that arise during the process. They can also help you compare both options if you’re not sure which route is best.
Helping Couples Build a Future Together
At Saavedra & Perez Law, we guide clients through every step of the fiancé or marriage-based visa process. Whether you are newly engaged or already married, we can help you make informed decisions and build a solid foundation for your life in the United States. You don’t have to figure it out on your own. Our team is here to support you and your partner every step of the way—until you’re finally together on U.S. soil with legal status and peace of mind.