K-1 Fiancee Visa or K-3 Spousal Visa?

K-1 Visa

K-3 Visa

IR-1 Visa

Visa type

Non-immigrant

Non-immigrant

Immigrant

Approximate total processing time

9-12 months

9-12 months

12-24 months

Where do I file the petition?

Only in U.S.

Only in U.S.

May file abroad

What petition form do I file?

I-129F only

I-129F and I-130

I-130 only

Are there any major restrictions I should know about?

Single entry. Valid for 6 months; to marry petitioner within 90 days of entry to the United States and must adjust status.

Multiple entry. Valid for two years, but must adjust status within 2 years.

LPR status. Processing for green card begins on entry.

Can my fiancée/fiancé or spouse take her/his children?

Yes. Only unmarried children under 21 but must be issued K-2 visa within one year of the K-1 issuance.

Yes. Only unmarried children under 21.

Yes, but separate IR-2 petitions must be filed for each child. Stepchild must be younger than 18 years old at time of parent’s marriage.

Is an interview required?

Yes

Yes

Yes

Which Affidavit of Support do I use?

I-134

I-134

I-864

Does the Embassy need the original petition & documents from USCIS?

Yes.

Yes.

Yes.