A U.S. citizen planning to file a visa petition for a foreign fiancée or spouse who is outside the U.S. may have various strategies to choose from. The most common options are the K-1 fiancée visa, the K-3 visa, and the CR1/IR1 immigrant visa. This article analyzes the factors to be considered in choosing among such strategies.
This article does not discuss less commonly used strategies for foreign fiancées and spouses, such as applying for an H-1B or L-1 work visa.
Nor does this article does not focus on options where the foreign fiancée or spouse is already physically present in the U.S. In that case, it may be possible to marry in the U.S. (if not yet married) then file with USCIS both the I-130 and the Form I-485, Application to Adjust Status, in which case no visa application at a Consulate abroad is necessary. See our Guide to the Form I-485, Application to Adjust Status.
Beware that entering the U.S. by misrepresenting one’s purpose or hiding a preconceived intent to immigrate can lead to denial of the Form I-485. See Proving Nonimmigrant Intent for a U.S. Visa for a discussion of whether it’s feasible to be admitted to the U.S. as a B-1 (visitor for business) or B-2 (visitor for pleasure) once you have an intention to immigrate. The same principles apply to admission through the visa waiver program (ESTA). That article also discusses whether it’s possible to enter in B-2 status for purposes of marrying in the U.S. or meeting the U.S. citizen spouse’s family, so long as the visit is temporary.
The Visa Types
K-1 Visa: As background, you should know that the K-1 fiancée visa involves the following procedures:
- Step 1: The U.S. citizen files a Form I-129F, Petition for Alien Fiancée (i.e., K-1 petition) with U.S. Citizenship and Immigration Services (USCIS).
- Step 2: USCIS forwards the approved petition to the State Department’s National Visa Center (NVC) for clerical processing.
- Step 3: The fiancée applies for a K-1 visa (and any children apply for K-2 visas) at a U.S. Consulate abroad.
- Step 4: The fiancée applies for admission to a U.S. Customs and Border Protection (CPB) inspector at a port of entry.
- Step 5: To qualify for a green card, within 90 days of entering in K-1 status, the couple must marry and the foreign spouse (and each K-2 child) must file with USCIS a Form I-485, Application to Adjust Status. (Note that marriage prior to entering the U.S. will make the foreign spouse ineligible for a K-1 visa).
For more details, see our K-1 Fiancé(e) Visa Guide.
CR1 or IR1 Immigrant Visa: The immigrant visa (CR1 if issued prior to the second anniversary of the marriage; IR1 if issued afterwards) involves:
- Step 1: The U.S. citizen files a Form I-130, Petition for Alien Relative, with USCIS or in exceptional cases with a U.S. Consulate abroad.
- Step 2: The approved petition is forwarded to the National Visa Center for clerical processing and gathering relevant documents from the petitioner and spouse. (This step does not apply where the petition has been filed with a USCIS international office or U.S. Consulate).
- Step 3: The spouse applies for an immigrant visa at a U.S. Consulate abroad.
- Step 4: The spouse applies for admission to a CBP inspector at a port of entry. The spouse becomes a permanent resident upon being admitted.
For more details, see our Guide to Form I-130, Petition for Alien Relative, on Behalf of a Spouse.
K-3 Visa: Where a U.S. citizen has filed a Form I-130, Petition for Alien Relative, on behalf of a spouse, the K-3 visa theoretically allows the spouse to enter the U.S. to “await the approval of [the I-130] and the availability … of an immigrant visa.”
In practice, the K-3 is almost never a realistic option. Over time, USCIS and the State Department have coordinated to stop issuing any K-3 visas. Here are the number of K-3 visas issued according to the State Department report on “Nonimmigrant Visas Issued by Classification” in their annual reports.
| Fiscal Year | # of K-3 Visas Issued |
| 2014 | 392 |
| 2015 | 182 |
| 2016 | 102 |
| 2017 | 15 |
| 2018 | 6 |
| 2019 | 5 |
| 2020 | 2 |
In comparison, the State Department issued 108,292 immediate relative immigrant visas in 2020.
The K-3 process is as follows:
- Step 1: The U.S. citizen files a Form I-130, Petition for Alien Relative, with USCIS.
- Step 2: Upon USCIS issuance of the receipt notice for the I-130, the citizen files a Form I-129F, Petition for Alien Fiancée, with the same USCIS office.
- Step 3: Ordinarily, USCIS holds the adjudicates the I-130 and I-129F at the same time, then forwards them to the National Visa Center. If the NVC receives the approved I-130 before it completes processing of the I-129F, the K-3 visa application will be “administrative closed” and the NVC will process just the immigrant visa application. Only in uncommon cases does the NVC complete processing of the K-3 visa application and forward it to the Consulate.
- Step 4: The spouse applies for a K-3 visa at the Consulate. (If the I-130 has been approved and received at the Consulate, the K-3 visa will not be issued. Instead, the post will adjudicate the spouse should complete the immigrant visa application).
- Step 5: The spouse applies for admission to a CBP inspector at a port of entry and is admitted in K-3 status valid for two years.
- Step 6: The spouse applies for permanent resident status by completing the immigrant visa application at the Consulate or by filing a Form I-485, Application to Adjust Status, with USCIS.
Here’s how the government avoids issuing K-3 visas. First, USCIS routinely delays adjudicating the I-129F so that it is adjudicated simultaneously with the related I-130. Next, the NVC will “administratively close” a K-3 visa application if it receives from USCIS the approved I-130 before NVC finishes processing the K-3 case: this is routine since USCIS sends both to NVC at the same time. Together, these practices defeat the congressional intent embodied in the statute that K-3 visas should be issued to allow the foreign spouse to enter the U.S. to “await the approval of [the I-130] and the availability … of an immigrant visa.”
Factors to Consider in Choosing
Here are common factors to consider in deciding whether to seek a K-1, K-3, or CR1/IR1 visa:
1. Are You Ready to Get Married? Perhaps the most important factor to consider is whether you are ready to get married now (or soon). If you’re not ready, the K-1 may be the best option. Maybe you want to get to know each other better before marriage. Or maybe you want to have a chance to spend time together in the U.S. before marriage.
2. Place of Marriage: The purpose of the K-1 is to come to the U.S. for marraige. For the K-1, marriage must take place in the U.S. within the 90-day window following admission in K-1 status. If you prefer to be married abroad, the K-1 may not be the best option. (Note: couples pursuing a K-1 will sometimes first have a wedding banquet or religious ceremony that is not legally binding abroad then come to the U.S. to be married for legal purposes.) In contrast, for the K-3 or immigrant visa, the couple must first marry (either in the U.S. or abroad), then file the I-130.
3. Timing for Admission to the U.S.: The K-1 visa is usually the fastest (currently 5-10 months counting from the date of filing to the date of admission), and the immigrant visa usually slower (10-16 months), with the K-3 somewhere in between. An important exception is that if the U.S. citizen spouse resides abroad, it may be fastest to seek an immigrant visa by filing the I-130 with a USCIS international office or, in exceptional circumstances, a U.S. Consulate.
4. Timing for Employment Authorization: An immigrant visa holder becomes a permanent resident eligible to work in the U.S. upon being admitted by CBP at the port of entry. In contrast, a K-1 or K-3 is required to apply for an employment authorization card, which takes approximately 90 days.
5. International Travel: A K-1 visa is valid for a single entry. No international travel is possible until the foreign spouse files a Form I-485, Application to Adjust Status, along with an application for advance parole. Advance parole is typically issued within 90 days of filing, although expedited processing is sometimes granted. Only then may the foreign spouse depart the U.S. In contrast, since an immigrant visa holder becomes a permanent resident upon admission to the U.S. for the first time, international travel is possible immediately. And a K-3 visa is valid for two years and multiple entries to the U.S., so international travel is possible immediately.
6. Consular Jurisdiction: For the K-1 or immigrant visa, the visa is ordinarily but not always adjudicated by the Consulate with jurisdiction over where the applicant resides. For the K-3, if the couple married abroad, the visa may be issued only in the country where the marriage took place (or, if there is none, at a Consulate designated by the State Department); and if the marriage took place in the U.S., then the visa may be issued only by the Consulate with jurisdiction over where the applicant resides.
7. Risk of Denial for Failure to Prove a Valid Relationship: This risk is slightly lower for a K-3 or immigrant visa than for a K-1:
- For a K-3 or immigrant visa, the spouse must prove to the consular officer’s satisfaction that at the time of marriage the couple intended to have a life together (a valid relationship), not merely to marry for immigration purposes. For a K-1, the couple has to prove both that the couple intends to marry within 90 days of entry to the U.S. and that the relationship is valid.
- Also, an approved K-1 petition is valid for 4 months. It may be extended (“revalidated”) by a consular officer upon a finding that the couple are free to marry and intend to marry within 90 days of entry. The revalidation is for 4 months, and multiple revalidations can be granted. However, the longer the period of time that passes, the more the officer may be concerned about the parties’ intentions. In sum, there is a risk for a K-1 petition that an officer who is not convinced of the validity of the marriage may kill the case simply by refusing as a matter of discretion to revalidate the petition.
8. Sons’ and Daughters’ Visa Eligibility: If the foreign spouse had a son or daughter age 18 or over on the date of the marriage, the son or daughter is ineligible for an immigrant visa on the basis of a petition by the step-parent. Consider the K-1 or K-3 strategy if the son or daughter is age 18 or over but not yet age 21.
9. Level of Confidence That Permanent Residence Will Be Granted: For any visa application there is some risk that the visa may not be approved. The immigration lawyer can help evaluate that risk. In some cases, couples that have not yet married choose the K-1 option over the K-3 or immigrant visa because that way if the visa is denied the couple has a chance to re-evaluate whether they still want to get married given that obstacle to living together in the U.S.
10. If You Foresee Problems with the Form I-864, Affidavit of Support: If you foresee problems with the I-864, Affidavit of Support, then the K-1 visa may be slightly easier. An applicant for either a K-1 or an immigrant visa must prove they won’t be a public charge. A K-1 applicant needs to show only that he or she will be able to subsist at 100% of the U.S. Poverty Guidelines Level. K-1s can rely on their own income and assets, as well as a Form I-134, Affidavit of Support, by the U.S. citizen petitioner and/or other sponsor. In contrast, the sponsor for an immigrant visa, must a slightly stricter test. The sponsor must submit the Form I-864, and prove the ability to support the sponsored immigrant at a strict 125% of the U.S. Poverty Guidelines, sometimes relying a joint sponsor, household member, and/or the foreign spouse’s assets and income to help. For more information, see the Affidavit of Support Help Center.
11. Petitioner’s Domicile: For a foreign spouse to qualify for an immigrant visa, the U.S. citizen petitioner must either be domiciled in the U.S. or plan to reestablish domicile in the U.S. not later than when the foreign spouse enters as an immigrant. (In certain circumstances, where the foreign spouse files a Form I-864W, Affidavit of Support Exemption, the petitioner needn’t prove U.S. domicile). For more information about the domicile requirement, see the Affidavit of Support Help Center. In contrast, the K-1 and K-3 do not have this domicile requirement, so they can be filed even if the foreign spouse plans to move to the U.S. before the petitioner.
12. Legal Fees: The immigrant visa typically has slightly lower legal fees because it involves filing one petition and one visa application. The legal fees for a K-3 are slightly higher because a second petition must be filed. And the legal fees for the K-1 are slightly higher than that because after admission to the U.S. with the K-1 visa a Form I-485, Application to Adjust Status, must be filed.
13. Budget for Key Expenses:
K-1:
| K-1 petition stage: * Filing fee for Form I-129F | 535 |
| K-1 Visa application stage: * Filing fee for K-1 Visa Application | 265 |
| * Medical exam | 200 |
| * Travel and hotel for appointment at U.S. Consulate | varies |
| Adjustment of Status Stage: * Filing fees for Form I-485, Application to Adjust Status, and Biometrics | 1225 |
| * Medical exam (vaccination form only) | 100 |
| TOTAL | USD 2325 plus travel (estimate) |
CR1 or IR1 Immigrant Visa:
| Immigrant Petition Stage: * Filing fee for Form I-130 | 535 |
| * Travel for appointment at USCIS International Office or U.S. Consulate (if applicable) | varies |
| Immigrant Visa Application Stage: * Filing fee for immigrant visa application | 325 |
| * NVC I-864 review fee (if applicable) | 120 |
| * Medical exam | 200 |
| * Travel and hotel for appointment at U.S. Consulate | varies |
| * USCIS Immigrant Fee | 220 |
| TOTAL | USD 1400 plus travel (estimate) |
K-3:
| Petition Stage: * Filing fee for Form I-130 | 535 |
| * Filing fee for Form I-129F | 0 |
| K-3 Visa Application Stage: * Filing fee for K-3 Visa Application | 265 |
| * Medical exam | 200 |
| * Travel and hotel for appointment at U.S. Consulate | varies |
| Adjustment of Status Stage: * Filing fees for Form I-485, Application to Adjust Status, and Biometrics | 1225 |
| * Medical exam (vaccination form only) | 100 |
| TOTAL | USD 2325 plus travel (estimate) |
14. Wedding Planning: For K-1 visa applicants, wedding planning in the U.S. may be difficult because it cannot be predicted exactly when the K-1 visa will be issued and, therefore, when the 90-day window to be wed will occur.
15. IMBRA Filing Limitations for K-1s: A U.S. citizen who has filed two or more K-1 petitions at any time in the past or had any K-1 petition approved within the prior two years is not allowed to file a new K-1 petition unless USCIS grants a waiver of these limitations as a matter of discretion. No waiver will be given to a petitioner with a history of violent offenses except for narrow exceptions. These limitations do not apply to I-130s or K-3 petitions.
Conclusion
If I’ve left out any important factor that should be considered in choosing among the K-1, K-3, and CR1/IR1 visa, let me know in the comments.
An immigration attorney may be able to assist you in choosing the right visa strategy. Family-based immigration is a lengthy, sometimes complex, and constantly changing process. Some people are ineligible to immigrate, and others can only immigrate by qualifying for a special “waiver” of ineligibility grounds. It’s common for immigration cases to be delayed and the couple kept apart if specific procedures are not carefully followed at each step along the way, or if incomplete information or documentation is submitted. I would encourage every couple to at least consult with a qualified and experienced immigration lawyer to find out if there are any hidden pitfalls. Love and marriage are too important to leave the immigration process to chance.
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