I-130 Marriage vs. K-1 Fiancé Visa: Which Is the Right Path for You?

I-130 Marriage vs. K-1 Fiancé Visa: Which Is the Right Path for You?

Many couples face this decision when trying to bring a loved one to the United States. Choosing the right immigration path depends on your current relationship status, where you and your partner are living, and how soon you want to be together in the U.S.

In this blog, we’ll break down the differences between the I-130 Spousal Visa (consular processing) and the K-1 Fiancé Visa, including timelines, costs, eligibility, and which might be the better fit for your unique situation.

What’s the Main Difference?

  • K-1 Fiancé Visa: For engaged couples. The foreign fiancé enters the U.S., gets married within 90 days, then applies for a green card.

 

  • I-130 Spousal Visa (consular processing): For married couples. The foreign spouse receives an immigrant visa and green card while still abroad and enters the U.S. as a permanent resident.

K-1 Fiancé Visa: The Basics

Who It's For: U.S. citizens who are engaged to someone living outside the U.S. and plan to marry after arriving in the U.S.

Key Steps:

  1. U.S. citizen files Form I-129F (Petition for Alien Fiancé).
  2. USCIS processes the petition (6–9 months).
  3. Fiancé applies for K-1 visa at a U.S. embassy (2–6 months).
  4. Fiancé enters the U.S. and must marry within 90 days.
  5. Spouse then applies for a green card via Adjustment of Status.

Total Time to Green Card: About 12–16 months for K-1 visa and THEN additional 12-30 months for adjustment of status, immigrant visa. 

Estimated Costs: 

  • Fiancé petition in addition to the adjustment of status petition. 

Pros:

  • Faster entry to the U.S. (in theory, but not always)
  • Good if the couple wants to marry in the U.S.

Cons:

  • More steps: after marriage, you still need to apply for a green card.
  • K-1 visas are only for U.S. citizens, not green card holders.

I-130 Spousal Visa via Consular Processing: The Basics

Who It's For: U.S. citizens or green card holders who are already married to a foreign national living abroad.

Key Steps:

  1. File Form I-130 (Petition for Alien Relative).
  2. USCIS approves the petition (8–12 months).
  3. NVC processes the case and forwards it to a U.S. embassy.
  4. Spouse attends visa interview and enters U.S. with immigrant visa.

Total Time to Green Card:

  • U.S. citizen petitioner: 12–18 months.
  • Green card holder petitioner: 2–3 years (due to visa backlogs).

Estimated Cost:

  • I-130 petition: $625-675 (online vs paper)
  • NVC processing + medical + embassy fees: ~$700
  • No Adjustment of Status needed upon arrival.
  • Total: ~$1,375

Pros:

  • Spouse enters U.S. already as a permanent resident.
  • Fewer steps and applications overall.
  • Available to both U.S. citizens and green card holders.

Cons:

  • Longer wait outside the U.S.
  • Must already be legally married.

Key Comparison Table

Feature

K-1 Fiancé Visa

I-130 Spousal Visa

Relationship Status

Engaged

Married

Who Can File

U.S. citizens only

U.S. citizens or LPRs

Time to Enter U.S.

8–12 months

12–24 months

Green Card Timing

After marriage in U.S.

Before entering U.S.

Total Cost (est.)

~$2,240+

~$1,375

Processing Steps

Two-step process

One-step process


When Should You Choose the K-1 Visa?

Consider the K-1 fiancé visa if:

  • You want to get married in the U.S. but you do not have a visitor visa to enter the U.S.
  • You’re a U.S. citizen (not just a green card holder).
  • You want your partner to arrive faster, even if it means more steps later.
  • You’re not married yet and can prove your relationship is genuine.

When Is the I-130 Spousal Visa (Consular Processing) Better?

Go with the I-130 spousal visa if:

  • You’re already married or planning to marry soon abroad.
  • Your partner is okay waiting abroad longer before entering the U.S.
  • You want them to arrive with a green card and avoid extra steps.
  • You’re a green card holder (since you can’t file a K-1).

Bonus Tip: Think About Work and Travel

  • K-1 Visa Holders: Can’t work or travel internationally until after they apply for work/travel permits post-marriage.
  • I-130 Spousal Visa Entrants: Can work immediately and travel freely with their green card once they arrive.

Which Path Is Right for You?

Choosing between the K-1 fiancé visa and the I-130 spousal visa depends on your goals, timeline, and immigration status. The K-1 might get your partner to the U.S. faster, but the I-130 has fewer steps in the long run and brings them in with permanent residency already approved.

If you’re still unsure which path is best for your situation, speaking with an immigration attorney can help you make the right choice.

Ready to plan your immigration journey? Book a strategy session here: https://sisulegal.com/pages/booking-immigration-law-windsor-troy

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