Immigration Archives

Are you deciding between the spousal visa and the K-1 fiancée visa for bringing your partner to the United States? DCDK Law immigration attorneys have you covered.

We will always break down your personal situation and choose the best path for you and your loved ones. If you plan on getting married, several benefits make the spousal visa a more advantageous choice for many couples:

1. Immediate Permanent Residency:
One of the most significant benefits of the spousal visa is that it grants the foreign spouse permanent resident status upon entry to the U.S. This contrasts with the K-1 visa, which only allows entry for the purpose of marriage, after which the spouse must apply for adjustment of status to obtain a Green Card. This additional step can be time-consuming and stressful.

2. Price:
The spousal visa process generally involves lower overall costs compared to the combined expenses of the K-1 visa and subsequent adjustment of status applications. With the spousal visa, the main expenses are concentrated upfront, avoiding duplicate fees.

3. Work Authorization:
A spousal visa recipient is authorized to work in the U.S. immediately upon arrival. In contrast, a K-1 visa holder must wait until they have married and applied for, and received, work authorization as part of their adjustment of status. This delay can hinder financial stability for couples.

4. Travel Flexibility:
Spousal visa holders enjoy greater travel flexibility. They receive a Green Card upon entry, allowing them to travel outside the U.S. without requiring additional permissions. K-1 visa holders, however, must stay in the U.S. until they receive advance parole after filing for adjustment of status.

5. Stability and Assurance:
The spousal visa process provides a sense of stability and assurance, as the foreign spouse’s immigrant status is clearly defined and secure upon entry. K-1 visa holders, conversely, may face more uncertainties during the adjustment of status phase.

While both visas facilitate family unification, the spousal visa offers immediate permanent residency, cost savings, work authorization, travel flexibility, and greater stability, making it a more attractive option for many couples.

The K-1 visa, also known as the fiancé(e) visa, offers a unique opportunity for foreign nationals to join their American partners in the United States and start a life together.

One of the primary benefits of the K-1 visa is the ability it provides for couples to be together quickly, facilitating a smooth transition to marriage within 90 days of entry. This visa also paves the way for the foreign immigrant to apply for lawful permanent residency (Green Card) immediately following the marriage.

Another significant advantage is the legal right to work. Once the K-1 visa holder marries their U.S. citizen partner and adjusts their status, they can obtain employment authorization, allowing them to support themselves and contribute financially. The K-1 visa thus not only strengthens personal bonds but also helps build a secure, shared future in the United States.