The K-1 visa and green card processes differ in time and requirements. Understanding these differences can help you decide which option suits your needs.
Understanding the K-1 visa process
The K-1 visa is for foreign-citizen fiancés of U.S. citizens. It allows the fiancé to enter the U.S. and marry their sponsor within 90 days. After marriage, the foreign-citizen can apply for a green card through adjustment of status.
First, the U.S. citizen must file Form I-129F. This form is a Petition for Alien Fiancé(e). Once approved, the petition goes to the National Visa Center (NVC). The NVC forwards it to the U.S. Embassy or Consulate where the fiancé lives. The fiancé then applies for the K-1 visa and attends an interview.
The K-1 visa process can be faster than applying for a green card directly from abroad. The K-1 visa typically takes about 6-9 months from start to finish. However, the time can vary based on several factors. These include processing times at USCIS and the consulate.
Green card application process
The green card process involves more steps and may take longer. Foreign-citizens can apply for a green card through marriage to a U.S. citizen. This process often starts with a Form I-130, Petition for Alien Relative. The processing of Form I-130 can take several months.
After approval, the process continues with further applications and interviews. If applying from outside the U.S., consular processing is required. This can add time to the overall process.
The green card process can take over a year to complete. The exact time depends on various factors. These include the applicant’s country and current immigration status.
Choosing the right path
Deciding between a K-1 visa and a green card depends on your situation. The K-1 visa might be quicker for those wanting to marry in the U.S. soon. Yet, it involves additional steps to obtain a green card later.
The green card process may be better for those already married or who wish to avoid the interim steps. It offers direct access to permanent residency but typically requires more waiting time.
Consult an immigration attorney to explore your options. They can provide guidance based on your unique circumstances. This ensures you choose the path that aligns with your goals and timelines.