Spousal vs. k1 visa

[johnnyv 20]

Branching off the other thread, I want to know why one is better than the other. Why should someone do one over the other? My fiancee and I haven't applied for either yet, and if now is the time to change our plan, we should do it now instead of regretting a better option. She's canadian. Do I have to marry her in CA or can I marry her in the US for spousal?

[UK-USA-K1 128]

The main differences between them are that a spousal visa allows the spouse to work and travel immediately on approval and it costs less. It also takes a few months longer to get approved. The fiance visa is generally a few months faster, but once you get married, you then have to apply for adjustment of status and EAD and AP. This takes a few months at best to get the EAD and AP so you can work and travel. Filing these later, makes it a little more expensive over all than the spousal visa.

That's just a generic overlook of the two, hopefully people who have been through them can chime in and add a bit more detail for you.

[LeftCoastLady 441]

It's ultimately a personal decision and up to the couple to decide if they want to get married first and they start the petition process, or be engaged and then get married in the U.S. Both include a period of separation, it's deciding when you want it to occur.

From a cost perspective, I don't see much difference since to start the spousal process, at least one of you will be traveling to get married. Depending on where the wedding occurs, it could negate any cost savings if you have to be there for a while to secure the wedding license, etc. And yes, while you're eligible to work sooner with the spousal visa, it may take you just as long to secure work depending on where you're living and your skillset. Either way, this not an inexpensive process.

My husband and I opted for the K-1 because we didn't want to be apart after getting married. We filed the AOS/EAD/AP paperwork pretty quickly. His EAD arrived on May 6, but then we had an interview, and his greencard arrived on May 24.

[TBoneTX 45,497]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP is contemplating visa paths. ***

[canadian_wife 1,823]

If she is Canadian you'll want to take one thing into consideration. Fiance visa applicants may interview in Montreal OR Vancouver. Spousal visas only interview in Montreal. If she is on the West Coast, I suggest a fiancé visa to cut down on the travel costs to Montreal.

If she lives Manitoba or East, she'll interview in Montreal regardless of the type of visa you want to go for. If she is from Ontario, you may marry in Ont. but make sure you are aware that the marriage certificate can take 8 weeks to acquire and you must have that to send the petition.

good luck

[NikLR 13,227]

The ability to travel and work asap was our deciding factor.

[stevie b 141]

The main differences between them are that a spousal visa allows the spouse to work and travel immediately on approval and it costs less. It also takes a few months longer to get approved. The fiance visa is generally a few months faster, but once you get married, you then have to apply for adjustment of status and EAD and AP. This takes a few months at best to get the EAD and AP so you can work and travel. Filing these later, makes it a little more expensive over all than the spousal visa.

That's just a generic overlook of the two, hopefully people who have been through them can chime in and add a bit more detail for you.

spouse visa is generally faster than the fiancée contrary to other posts

this of course is subject to change due to the uscis backlogs

[UK-USA-K1 128]

spouse visa is generally faster than the fiancée contrary to other posts

this of course is subject to change due to the uscis backlogs

It definitely can be and has been quicker for some, but the system is set up so the fiance visa is SUPPOSED to get them here quicker whereas the spousal visa gets them through the system and to the green card faster.

Of course nothing at USCIS seems to be very consistent, so no matter what route you choose you risk waiting longer than you think you may at the beginning.