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Applying for a K1 Visa v. Going Straight to the Marriage green card Process

      Picture this: your significant other finally proposed to you and you are excited, not only for wedding planning but to star t your green card process! One thing to decide before you pop the champagne and start vetting wedding vendors, do I apply for a K1 visa and then start the green card process or do I start the marriage green card process right away? Most people aren’t sure how to answer this question. So when do you apply for a K1 visa versus simply starting the marriage green card process? Keep reading to find out. 

K1 Visas


      A K1 visa is a visa that allows United States Citizens to bring their foreign resident fiancés to the United States, so that they can get married on United States soil and begin their lives together as soon as possible. Some of the key takeaways about a K1 visa are:

  • They are only available for United States Citizens and their fiancés, Lawful Permanent Residents (i.e. Marriage green card Holders) are not eligible for K1 visas

  • The foreign resident fiancé comes to the United States while the couple is engaged, before they are married, and the couple gets married in the United States within 90 days of the K1 visa holders arrival

  • The K1 visa involves an extra step, that once the couple marries in the United States, the K1 visa holder needs to apply to adjust their status to that of a Lawful Permanent Resident, which requires an additional application and additional processing time before they have green card status

  • You cannot work in the United States with a K1 visa unless you apply for and are granted an I-765 work permit after you enter the United States

  • K1 visa process is usually faster than the Marriage green card process, however the K1 process ends up being more costly

Marriage Green Card Process


      Couples usually opt to go straight for the Marriage Green Card process, and forego the K1 visa, when they have already married abroad or when the timeline for the foreign resident spouse coming to the United States is not urgent. When choosing this process, Lawful Permanent Residents or United States Citizens and their foreign resident spouses, file an I-130 application while the foreign spouse is still abroad, then once approved the foreign spouse attends an interview at the consulate in their home country, obtains an Immigrant Visa, and then obtains green card status once they use that visa to enter the United States. Some of the key take aways about the I-130 + Immigrant Visa (Marriage Green Card) process are:

  • They are available to United States Citizens or Lawful Permanent Residents and their foreign resident spouses

  • The foreign spouse needs to wait in their home country for the visa to be approved before they can come to the United States and be with their USC or LPR spouse

  • This process is done once the couple is already married and if the couple married outside the United States, this cannot be done while the couple is only engaged

  • Upon entering the United States with your Immigrant Visa and obtain your green card, you can freely work in the United States and do not need to file a separate application for a work permit

  • This process usually takes longer than the K1 visa process, however it ends up being cheaper than the K1 visa process

      Both a Marriage Green Card and K-1 visa accomplish an important goal - they allow you and your spouse to live together as a married couple in the U.S. The application type that makes the most sense for you depends on your situation and priorities, mainly on your preferences for wedding location (United States or abroad), timeline/urgency for being able to live together, need/ability for the foreign spouse/fiancé to work, and financial budget for the overall process. 

      To find out more information about each process and get help to determine which process is right for you, please contact one of our experienced attorneys.

This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.

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