What Is The Difference Between A Fiancé Visa & A Marriage Visa?

Knowing the difference between a Fiance Visa and a Marriage Visa is important, especially for a foreign national with a U.S. citizen partner. While it’s clear that there are distinctions between them, what exactly are they, and how does one qualify? Here’s what you need to know about the two Visa types.

What Is A Fiance Visa?

A Fiance Visa, also known as a K-1 Visa, is a nonimmigrant Visa that allows an individual to enter the United States to marry their fiance within 90 days of arrival. It is intended for individuals who are engaged to be married and plan to live together in the United States. 

How To Qualify For A Fiance Visa

To qualify for this type of Visa, you should take note of the requirements below.

• The individual must be engaged to be married to a U.S. citizen.
• The couple must have met in person at least once within the past two years. Exceptions to this requirement may be made in certain circumstances, such as if the condition would violate strict and long-established customs of the individual’s culture or social practice or if the requirement would result in undue hardship for the individual.
• They must have a valid passport and be able to provide proof of their identity.
• They must pass a medical examination and be in good health.
• They must be able to demonstrate that they have a clear purpose for traveling to the United States and that they intend to return to their home country after their visit.

Once the individual arrives in the United States on a Fiance Visa, they must marry their fiance within 90 days. After the marriage, the individual can apply for a Green Card, which allows them to live and work in the country permanently.

What Is A Marriage Visa?

A Spouse or Marriage Visa is a type of immigrant Visa that allows an individual to enter the United States as the spouse of a U.S. citizen. There are two types of this: the CR-1 Visa, which is for individuals who have been married for less than two years, and the IR-1 Visa, which is for those who have been married for more than two years.

How To Qualify For A Spouse Visa

To qualify for this type of Visa, you must meet the following requirements.

• The individual must be married to a U.S. citizen.
• The marriage must be valid and legal in the country where it was performed.
• They must have a valid passport and be able to provide proof of their identity.
• They must pass a medical examination and be in good health.
• They should be able to demonstrate that they have a clear purpose for traveling to the United States and that they intend to live permanently in the country with their spouse.

Seek Help From An Immigration Lawyer

If you’re unsure how to get either visa, then an immigration attorney can help. Lincoln-Goldfinch Law – Abogados de Inmigración has seasoned immigration lawyers who are ready to assist you. Whether you are a spouse or fiance of a citizen or permanent resident, their lawyers will help you petition for the visa you need.

Summary

A Fiance Visa is intended for individuals who are engaged to be married and plan to live together in the United States. Meanwhile, a Spouse Visa is for individuals already married to a U.S. citizen and plan to live permanently in the United States with their spouse. Both allow an individual to apply for a Green Card and become a permanent resident. However, the process and requirements for each are slightly different. To receive help with your application, consult with an immigration attorney.