We often get this question about whether a U.S. citizen should file for a fiancee visa or get married and file for an immigrant visa or K-3 spousal visa for his/her loved one.  Here are some thoughts to consider:

1. The K-1 fiancee visa typically is faster than obtaining an immigrant visa. However, compared to the K-3 spousal visa, we are seeing the gap closing in the disparity of processing times.

2. The K-3 may take longer because of the additional set of paperwork that needs to be submitted to the USCIS. That is, first the I-130 needs to be filed; then, after the receipt notice is issued, the I-129f may be filed for the K-3.

3. For some couples, the foreign fiance(e) must have the wedding ceremony overseas in front of family and friends. In that case, the K-1 fiancee visa may not even be an option.

4. Once a couple is married, emotionally it is often harder on the couple given that they are now husband and wife.

5. Getting married, and then applying for your spouse’s visa often results in an easier interview at the consulate. At this point, the bona fide nature of the relationship is less of an issue. For K-1 fiancee interviews, this is often a huge issue that results in frequent denials, particularly in countries where fiance visa fraud is a problem.

Attorney Huang of [1] www.myfianceevisa.com has been practicing K-1 fiance visa law since 1997. He also has solid experience with K-3 spousal visas and immigrant visa application. For a consultation with him, please call us at 626-771-1078.