Spouses of U.S. citizens who obtained a K-3 visa can enter the United States in a nonimmigrant visa category, and at the same time, they wait to be able to apply for lawful permanent residence status. This is why it is usually used as one of the strategies to quicken the process of obtaining the CR-1.
A CR1 visa or IR1 spousal visa allows a foreign spouse married to a U.S. citizen or permanent resident to live and work in the United States. CR1 spousal visa is issued only to those married couples, same or different sex, whose marriage lasts less than two years, and that is why it is called the “conditional resident.”
The K1 nonimmigrant visa allows a foreign fiancé to enter the United States and get married within the next 90 days with the U.S. citizen who sponsors their petition. If the couple plans to live in the United States after getting married, the foreign spouse will have to apply for adjustment of status to get a permanent residence. The K1 visa is just temporary. By all means, it is not obligatory to stay within the United States permanently after getting married, so if there is no intention to stay, the foreign fiancé can enter the United States based on a tourist visa instead.
During the application process of getting a CR1 visa, one of the most stressful periods is the waiting time to determine if the spouse visa is approved since it affects the future of both U.S. citizens and a foreign spouse. The chance for success increases if the spouses have submitted the correct documents. However, sometimes immigration or consular officers can decide that there is a lack of information or evidence, or some other ineligibility of the applicant, which will, unfortunately, lead to a visa denial.
If you're loved, one is a U.S. citizen or a lawful permanent resident, and you aim to get to the United States as quickly as possible to get married, then you should consider the fiancé(e) visa. It is likely the fastest option to realize such an idea. If your goal is to get a green card as soon as possible, then a marriage-based visa will be a better option because the green card is quicker.
The U.S. citizen can choose between different options on how to petition for a visa for the foreign fiancé or spouse who lives outside of the United Nations. The decision depends on the individual needs and possibilities of the couple in a particular case. The right thing to do when there is a dilemma is to hire an immigration attorney, which will help in choosing the right strategy. The most common options are the K-1 fiancé (nonimmigrant) visa and CR-1 marriage-based (immigrant) visa. Before answering the question can a couple make a choice, it is necessary to analyze both options.
If you want to marry a U.S. citizen, you may consider applying for either a fiancé(e) (K-1) visa or a marriage-based CR-1 visa. These visas may seem similar but have very different requirements. Moreover, those will allow you to do different things on differing timelines.
Only US citizens can bring K-1 fiances home. You should meet in person at least once within the last two years. Then you file your intent to marry with USCIS. About half a year to a year or more later, your fiance applies to an interview at an embassy or consulate. With an approved K-1 visa, your fiance can enter the US in K-1 non-immigrant status. After that, you have 90 days to marry and file another application for their adjustment of status to lawful permanent resident (commonly known as an LPR or green card holder).
