What Are the Differences Between a Spouse Visa and a Fiancé Visa?

 Posted on May 29, 2025 in English

While it seems as though a spouse visa and a fiancé visa would be very similar, they are, in fact, quite different, with different requirements and results. A marriage-based visa, or spouse visa, essentially accelerates the green card process, while a K-1 fiancé visa allows for quicker entry into the United States.

As of 2024, obtaining a K-1 visa generally took about six to eight months, while the processing time for a CR-1 spousal green card can be as long as 14-16 months. With the new administration, these times, or even the ability to obtain a fiancé or spouse visa, may have changed dramatically. It is important to speak to a knowledgeable Herndon, VA immigration attorney, before applying for either type of visa.   

The Primary Differences Between a CR-1 Visa and a K-1 Visa

A CR-1 visa allows the foreign spouse of a married couple to enter the United States with a green card as a permanent resident.  A CR-1 holder is eligible to work immediately and is considerably less costly than a K-1 visa. Engaged couples who are planning to marry within 90 days of when the foreign fiancé arrives in the United States will use a K-1 visa. The foreign-born spouse is required to apply for an adjustment of status to receive a green card.  A K-1 fiancé visa holder must apply for a work permit after he or she has entered the United States.

While a K-1 visa can be processed more quickly, obtaining a green card can take longer than obtaining a green card through a CR-1 visa. The K-1 fiancé visa process tends to be slightly faster, at 6-8 months, compared to the spouse visa, which can take 14 months or longer. Those who want to marry in the United States must seek a fiancé visa, as it allows the foreign-born fiancé to enter the U.S. for the specific purpose of marriage. Those who are unsure of their compatibility should consider the K-1 visa, as it allows the couple to live together before getting married.

Couples who are absolutely certain they want to be married and do not care whether they marry in the United States should choose the spouse visa. While it can take longer, once obtained, the foreign spouse has significantly less "red tape" to attend to and becomes a permanent resident at the time he or she enters the United States. As far as the cost, a spouse visa costs about $1,355, while a fiancé visa can cost as much as $3,270.

What Could Change with Fiancé and Spouse Visas in 2025?

With the change in administration, the eligibility for fiancé and spouse visas could also change. Those planning to apply for one of these visas in 2025 should be prepared for an increase in waiting time, as well as potentially more rigorous scrutiny and vetting. Gather all documentation and evidence as early in the process as possible to minimize delays.

The heightened scrutiny may require additional evidence and a more thorough background check. All documentation should be accurate and complete to avoid additional processing times. Mandatory interviews for all marriage visa applications will likely be reinstated, leading to an increased workload for USCIS employees.

Keep meticulous records of the marriage or fiancé relationship. This might include telephone and text records, emails, travel itineraries, financial transactions that show them as a couple, photographs, and rental agreements or utility bills in both names.

Contact a Fairfax County, VA Immigration Lawyer

Immigration law is complex, and immigration laws are currently in a state of flux. An experienced Herndon, VA immigration attorney from Immigration Legal Advisors, PLLC can guide you through the process, prepare you for your interview, and ensure your application is error-free and complete. Attorney Ruiz has over 20 years of experience in immigration law, providing comprehensive assistance to his clients. He is fluent in both English and Spanish. Call 571-441-2233 to schedule an attorney consultation.