Why should you apply for a Marriage Visa (CR-1) rather than a Fiancé Visa (K-1)? Here are the top 3 reasons:
To start, a Marriage Visa refers to a married couple whose foreign spouse lives overseas and requires an Embassy interview before being permitted into the U.S.
1) Fewer Steps. Fiancé Visas require around 4 significant interactions with the government: an Initial USCIS Filing, Embassy Interview, a Second USCIS Filing, and potentially an in-person interview. On the other hand, if married, the case only needs an initial filing and an Embassy interview.
Less interaction with the government means fewer possibilities that an error can occur or that you get unlucky with an unhelpful officer.
2) Fewer Steps also mean fewer costs. The filing fees for a Fiancé Visa total $2,025. However, a Marriage case comes out to $980. Moreover, if the Applicants use an attorney, they can expect the legal fees to increase commensurably.
3) Work Authorization. After entering on a Marriage Visa, you technically can start working immediately. However, a Fiancé Visa requires a request for an employment authorization card which can take a while.
Everyone once in a while, I will consult on a case where the fiancé visa makes more sense. Maybe in 1 out of 10 cases. A common perception causing many to choose the K-1 Visas is that it is faster. However, this time saving may be only a couple of months faster. It is not a significant difference relative to the negatives. But in the end of the day, it is up to the couple.
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