After you decide that you want to marry your Fiancee, you will contemplate where you will get married, either in the U.S., your Fiancee’s
home country or in a third country. The chart below illustrates the main differences between the fiancee and spouse visas and the factors you should
consider when deciding which visa application to file.
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DIFFERENCES
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FIANCEE VISA
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SPOUSE VISA
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Who can Apply
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Only U.S. citizens can file the K-1 visas.
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U.S. citizens and legal permanent residents may file spouse visas.
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One or Two-Step Process
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After obtaining the K-1 visa and getting married in the U.S., your fiancee must apply for adjustment of status (AOS) to obtain her green card.
So the K-1 visa is a two-step process.
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After obtaining the spouse visa and entering the U.S., USCIS will automatically mail out the permanent resident card (green card). So the spouse
visa is a one-step process.
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Government Fees
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Total K-1 visa fee is between $800 - $1000 (medical and vaccinations fees vary by country). Total AOS fee is between $1070 - $1500 (depends on
whether a new medical exam and vaccinations are required).
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Total spouse visa fee is between $1200 - $1400. (medical and vaccinations fees vary by country).
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Age of Immigrating Children
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Eligible children must be unmarried and under the age of 21 at the time of entering the United States.
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Eligible children must be unmarried and under the age of 18 at the time of your and your fiancee’s marriage.
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Separate Application Forms
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For eligible children, a separate Form I-129F does not need to be filed for each child. The children’s names only need to be listed on their
parents’ Form I-129F.
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If the U.S. petitioner is a U.S. citizen, then a separate Form I-130 is required for each eligible stepchild who wants to immigrate. If the U.S.
petitioner is a U.S. legal permanent resident, then a separate Form I-130 is notrequired for each eligible stepchild who wants to immigrate.
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Processing Time
(from the USCIS filing date to the time of the interview)
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About 6 to 8 months for the K-1 visa and about 4 to 12 months for AOS (mostly depends on whether the couple are selected to attend an interview
at their local USCIS office or whether the interview is waived).
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About 8 to 12 months for U.S. citizens applying for their spouses and stepchildren under the age of 21. About 2 years for U.S. legal permanent
residents applying for their spouses and stepchildren under the age of 21.
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Meeting During the Visa Process
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Depending on the processing time and Embassy/Consulate, an additional meeting/trip between the couple may be necessary to reduce the chances of
visa denial.
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Depending on the processing time and Embassy/Consulate, an additional meeting/trip between the couple may be necessary to reduce the chances of
visa denial.
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Place of Marriage
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The legal marriage must occur in the United States after your fiancee enters the U.S. with the K-1 visa.
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The legal marriage can occur in any country and the couple must be married before filing the spouse visa application with USCIS.
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