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Is it better to get married on a K1 visa or a tourist visa after 5 months in the US?
The K-1 visa, also known as the fiancé(e) visa, is specifically designed for foreign nationals to enter the US to marry their US citizen partner within 90 days of arrival.
This streamlines the immigration process.
With a K-1 visa, the US citizen spouse must file a petition to bring their partner over, and upon marriage, the foreign spouse can then apply for a Green Card for permanent residency.
Using a tourist (B-2) visa to enter the US with the intent to get married can be considered visa fraud, as there are strict regulations against this.
The authorities may view it as an attempt to circumvent the immigration process.
If a couple marries on a tourist visa and then tries to adjust the foreign spouse's status, they face uncertainties and potential denials due to the presumption of misuse of the visa.
The K-1 visa process requires less supporting documentation compared to the spousal visa (CR-1/IR-1) route, making it a simpler option for some couples.
The total cost of the K-1 visa process, including the visa fee and subsequent Green Card application, is typically lower than the spousal visa route.
With a K-1 visa, the foreign spouse can enter the US and immediately begin the process of adjusting their status, whereas the spousal visa requires the couple to complete the entire process abroad before the foreign spouse can enter the US.
The processing time for a K-1 visa is generally shorter than the spousal visa, allowing the couple to be reunited in the US more quickly.
After the wedding, the K-1 visa holder has 90 days to apply for adjustment of status, while the spousal visa holder is immediately a permanent resident upon entry to the US.
The K-1 visa allows the foreign spouse to apply for work authorization while their Green Card application is pending, providing financial independence during the process.
If the couple's marriage ends before the two-year conditional residency period, the K-1 visa holder may face different requirements for removing the conditions on their Green Card compared to the spousal visa holder.
In some cases, the K-1 visa may be the only option for couples who need to be together in the US quickly, such as in the event of a health emergency or other urgent situation.
The K-1 visa is a nonimmigrant visa, while the spousal visa is an immigrant visa, which can impact the spouse's ability to travel outside the US during the process.
Couples who choose the K-1 visa route must demonstrate the genuineness of their relationship through extensive documentation, similar to the spousal visa process.
The K-1 visa holder is required to marry their US citizen petitioner within 90 days of entering the US, or they must depart the country.
If the couple delays the marriage and the 90-day period expires, the K-1 visa holder may be required to depart the US and reapply for a new visa.
The K-1 visa allows the foreign spouse to apply for a Social Security number and driver's license upon arrival in the US, while the spousal visa holder must wait until their Green Card is approved.
In some cases, the K-1 visa may be the preferred option for couples who want to have their wedding ceremony in the US, rather than abroad as required for the spousal visa.
The K-1 visa process involves a thorough interview at the US embassy or consulate to ensure the couple's relationship is genuine, while the spousal visa interview typically takes place after the couple has already married.
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