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After you decide that you want to marry your Fiancee, you will contemplate where you will get married, either in the U.S., your Fiancee’s home country or in a third country. The chart below illustrates the main differences between the fiancee and spouse visas and the factors you should consider when deciding which visa application to file.
| DIFFERENCES | FIANCEE VISA | SPOUSE VISA |
| Who can Apply | Only U.S. citizens can file the K-1 visas. |
U.S. citizens and legal permanent residents may file spouse visas. |
| One or Two-Step Process | After obtaining the K-1 visa and getting married in the U.S., your fiancee must apply for adjustment of status (AOS) to obtain her green card. So the K-1 visa is a two-step process. | After obtaining the spouse visa and entering the U.S., USCIS will automatically mail out the permanent resident card (green card). So the spouse visa is a one-step process. |
| Government Fees | Total K-1 visa fee is between $800 - $1000 (medical and vaccinations fees vary by country). Total AOS fee is between $1070 - $1500 (depends on whether a new medical exam and vaccinations are required). | Total spouse visa fee is between $1200 - $1400. (medical and vaccinations fees vary by country). |
| Age of Immigrating Children | Eligible children must be unmarried and under the age of 21 at the time of entering the United States. | Eligible children must be unmarried and under the age of 18 at the time of your and your fiancee’s marriage. |
| Separate Application Forms | For eligible children, a separate Form I-129F does not need to be filed for each child. The children’s names only need to be listed on their parents’ Form I-129F. | If the U.S. petitioner is a U.S. citizen, then a separate Form I-130 is required for each eligible stepchild who wants to immigrate. If the U.S. petitioner is a U.S. legal permanent resident, then a separate Form I-130 is notrequired for each eligible stepchild who wants to immigrate. |
|
Processing Time (from the USCIS filing date to the time of the interview) |
About 6 to 8 months for the K-1 visa and about 4 to 12 months for AOS (mostly depends on whether the couple are selected to attend an interview at their local USCIS office or whether the interview is waived). | About 8 to 12 months for U.S. citizens applying for their spouses and stepchildren under the age of 21. About 2 years for U.S. legal permanent residents applying for their spouses and stepchildren under the age of 21. |
| Meeting During the Visa Process | Depending on the processing time and Embassy/Consulate, an additional meeting/trip between the couple may be necessary to reduce the chances of visa denial. | Depending on the processing time and Embassy/Consulate, an additional meeting/trip between the couple may be necessary to reduce the chances of visa denial. |
| Place of Marriage | The legal marriage must occur in the United States after your fiancee enters the U.S. with the K-1 visa. | The legal marriage can occur in any country and the couple must be married before filing the spouse visa application with USCIS. |
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