This can be a complicated question, because the answer is completely dependent on the individual couple’s circumstances. (That’s why our free initial consultation to understand those circumstances is so important.)
Each couple or indeed, each individual, has their own set of both circumstances and priorities. Here are some typical reasons why couples choose the spouse visa route, even though they most likely could be together in the USA faster, with the K-1 Fiancé or Fiancée visa.
- One or both individuals prefer to go through the months of waiting and worry, strengthened by the commitment of marriage.
- The foreign loved one is the primary financial provider and cannot afford the several months in the USA without work authorization. CR-1 or IR-1 Spouse visa holders enter the USA fully authorized to work from day one. The K-1 visa holder must first marry, then file to adjust status and wait 75 to 90 days for work authorization.
- Prior to making the decision, the couple is ready for marriage and will be together in a place they can get married, fairly soon.
- The couple is not in a big hurry to be together in the USA, and would prefer the cost and trouble of only two immigration processes, rather than three
Some important considerations depend on the country, in which the foreign loved one lives. In the Philippines, for example, for a foreigner to marry a Filipino or Filipina, they must navigate a 10 business day process, just to obtain a license to marry. If only short visits are possible, marriage in the Philippines is just not practical. For any of the former Soviet Union countries, such as Ukraine, the process of a foreigner marrying a local, is so unwieldy, we’ve seen people return after 6 or more weeks, having failed to accomplish marriage at all.
If your foreign loved on is in the Philippines or a country ever part of the Soviet Union, the K-1 visa is almost always the way to go.