Various immigration pathways can be used to reunite with a loved one in the United States, each with its own needs and peculiarities. Two frequently sought-after possibilities are the Marriage-Based Green Card (Form I-130) and the Fiancé Visa (K-1 Visa).
The application process, eligibility requirements, and timeframe for each method vary greatly, even though they both result in the union of partners on American soil. To assist you in choosing the best option for your path to establishing a life together in the United States, let’s examine the differences between these two immigration pathways.
What Are the Differences Between the Fiancé Visa and the Marriage-Based Green Card?
While they may seem the same, the Fiancé Visa and Marriage-Based Green card serve different purposes. Here’s a look at each.
Fiancé Visa (K-1 Visa)
The Fiancé Visa, also known as the K-1 Visa, is for individuals who are engaged to U.S. citizens and wish to enter the country to marry.
Application Process
The process begins with the U.S. citizen petitioner filing Form I-129F, Petition for Alien Fiancé(e), with United States Citizenship and Immigration Services (USCIS). Once authorized, the petition is transmitted to the National Visa Center (NVC) and subsequently to the United States embassy or consulate where the fiancé(e) lives for further processing.
Eligibility Criteria
For a Fiancé Visa, the petitioner and the beneficiary must meet specific requirements, such as demonstrating that they plan to marry within ninety days of the beneficiary’s arrival in the US. Furthermore, unless doing so would be exceedingly tricky or go against cultural or religious customs, both parties must be legally permitted to get married and meet in person at least once during the two years before the petition filing.
Timeline
The processing period for a fiancé visa can vary, but it usually takes a few months from filing the petition until the visa is issued. After the visa is approved, the fiancé(e) may enter the United States, and they have ninety days from arrival to marry the petitioner.
Marriage-Based Green Card (Form I-130)
The Marriage-Based Green Card, obtained through Form I-130 (Petition for Alien Relative), is for spouses of U.S. citizens or lawful permanent residents (green card holders) who wish to immigrate to the United States.
Application Process
The spouse of a US citizen or green card holder must apply for the relationship by submitting Form I-130 to USCIS. After the petition is granted, the spouse residing in the United States may apply to change their status to lawful permanent residence. If the spouse is not in the United States, the petition is forwarded to the NVC and then to the appropriate U.S. embassy or consulate for further processing.
Eligibility Criteria
To be eligible for a marriage-based green card, the petitioner and the recipient must be legally married and have a legitimate marital relationship. The petitioner must also fulfill specific income standards or offer a financial sponsor to guarantee that the recipient won’t become a public charge.
Timeline
The USCIS workload, the beneficiary’s location, and whether further paperwork or interviews are needed are some variables that affect how long it takes to process a marriage-based green card. From the first petition filing to granting the green card, the process often takes several months to more than a year.
Key Differences
The key differences between the Fiancé Visa and the Marriage-Based Green Card are as follows:
- Relationship Stage: The Fiancé Visa is for engaged couples who plan to marry in the United States, while the Marriage-Based Green Card is for married couples.
- Location of Processing: The beneficiary of the Fiancé Visa typically applies for the visa at the American embassy or consulate in their nation of residence. On the other hand, the Marriage-Based Green Card procedure might occur at a foreign consulate or in the United States.
- Timeline and Process Complexity: The Fiancé Visa is generally processed faster than the Marriage-Based Green Card. However, the pair must marry within ninety days of the beneficiary’s arrival in the United States. Under the marriage-based green card process, there is no specific deadline for marriage upon admission, although it may take longer.
Understanding these differences is crucial for couples navigating the immigration process. It allows them to choose the pathway that best suits their circumstances and goals for their future together in the United States.
Cost Differences Between the Fiancé Visa and the Marriage-Based Green Card
Let’s take a look at the cost differences between the two.
Costs of the Fiancé Visa (K-1 Visa)
- Filing Fees: The U.S. citizen petitioner is responsible for paying the filing fee for Form I-129F, Petition for Alien Fiancé(e), which is approximately $675.
- Medical Examination: The fiancé(e) must undergo a medical examination by an approved physician. The cost of the exam varies depending on the physician’s fees and any additional tests or vaccinations required.
- Travel Expenses: To attend the visa interview at the U.S. embassy or consulate in their native country, the fiancé(e) might have to pay for their transportation. Additionally, there can be expenses related to visiting the US when the visa is granted.
- Additional Fees: Obtaining required documents, such as passport photographs, police certifications, and English translations of foreign paperwork, could incur extra costs.
Costs of the Marriage-Based Green Card
- Filing Fees: The U.S. citizen or green card holder petitioner is responsible for paying the filing fee of approximately $625 for Form I-130, Petition for Alien Relative.
- Adjustment of Status Fees: If the beneficiary already resides in the United States, they must file Form I-485, Application to Register Permanent Residence or Adjust Status, and pay the associated filing fees, approximately $1,140 (excluding biometrics).
- Biometrics Fee: Both the petitioner and beneficiary may be required to pay a biometrics fee for fingerprinting and background checks, which is approximately $85 per person.
- Travel Expenses: If the beneficiary is not in the United States, they may have to pay travel fees to the U.S. embassy or consulate in their home country to attend the immigrant visa interview. Additionally, there can be expenses related to flying to the US after the green card is granted.
- Health Insurance – After obtaining the green card, the beneficiary may need health insurance, as they will not be eligible for federally funded health benefits for a certain period.
Key Differences in Costs
The Fiancé Visa generally involves fewer upfront costs than the Marriage-Based Green Card. It does not require adjustment of status or biometrics fees if the beneficiary is outside the United States.
However, the Fiancé Visa may entail higher travel expenses for attending the visa interview and entering the United States than the Marriage-Based Green Card process, especially if the beneficiary is from a distant country.
Additionally, the cost of the marriage-based green card can vary depending on whether the beneficiary is adjusting status within the United States or applying for an immigrant visa from abroad.
Fiancé Visa Versus Marriage-Based Green Card: A Comparison
The Marriage-Based Green Card and the Fiancé Visa are alternatives for couples separated by borders to reunite, although they differ in application procedures, expenses, and timeliness. Understanding these distinctions is crucial for couples starting their immigration journey. It helps them choose the best path to start their lives together in the US and successfully and transparently negotiate the challenges.