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Fiancee Visa (K-1) vs. Spousal Visa (CR-1)

Should I use a K-1 Fiancée Visa and marry my lady in the United States, OR use a CR-1 Visa (Spousal Visa/Marriage Visa) and marry my lady in the Philippines?
We have outlined the advantages and disadvantages of both the K-1 and the CR-1 visa to help you make an informed decision. Whichever path you choose, we are here to assist you in the process!

Advantages of the Fiancée Visa (K-1)  
  • The K-1 Fiancée Visa is the fastest and easiest visa to obtain.
  • You don’t need to marry immediately in your fiancée’s country or the U.S.
  • You can bring your fiancée to the U.S. and have 90 days to get married. This allows time to adjust, get to know each other better, and make an informed decision about marriage.
  • The process is handled almost entirely through U.S. immigration, reducing the need to navigate Philippine marriage laws and bureaucracy.
  • Your fiancée can experience U.S. culture before marriage, easing her transition.
  • In general, the K-1 visa requires less supporting documentation compared to a spousal visa.
  • You can later return to the Philippines for a traditional wedding ceremony to celebrate with family and friends after your legal marriage in the U.S.

Disadvantages of the Fiancée Visa (K-1)

  • The K-1 visa requires marriage within 90 days of arrival in the U.S.; failure to marry results in the fiancée having to leave the country.
  • After marriage, your spouse must apply for Adjustment of Status (AOS) to obtain a Green Card, which can be costly and time-consuming.
  • Work authorization is not immediate upon arrival; your fiancée must apply for a work permit, which may take several months to process.
  • The K-1 visa does not grant an immigrant visa status immediately, requiring additional steps before permanent residency.
Advantages of the Spousal Visa (CR-1)
  • You get married immediately, allowing for a more culturally significant wedding with family and friends in attendance.
  • Your spouse enters the U.S. as a lawful permanent resident, already holding a Green Card.
  • No need for an additional Adjustment of Status application—unlike the K-1, which requires further processing after marriage.
  • Immediate work authorization upon arrival in the U.S.
  • Generally, the CR-1 visa may be less scrutinized than the K-1 visa, since you are already legally married.

Disadvantages of the Spousal Visa (CR-1)

  • Takes longer to process than the K-1 visa, sometimes up to a year or more.
  • Higher overall cost, as it involves more paperwork and additional government fees.
  • Marriage in the Philippines can involve significant red tape and legal requirements:
    • A Certificate of Legal Capacity to Marry must be obtained from the U.S. Embassy before the wedding.
    • The Philippine government mandates a 10-business-day waiting period between filing for a marriage license and its issuance.
    • Foreigners must comply with Philippine marriage laws, which can be complicated.
    • Parental consent or advice is required for individuals aged 18–25.
    • Attendance at a pre-marital counseling and family planning seminar is required before marriage.
    • Your marriage certificate must be registered with the Philippine Statistics Authority (PSA) before filing a U.S. immigration petition, which can take 1–3 months.

Conclusion

The choice between the K-1 and CR-1 visa depends on your priorities. If speed and flexibility are important, the K-1 may be the best option. However, if you prefer to be legally married in the Philippines and have a smoother transition to U.S. residency, the CR-1 may be the better route. Whichever you choose, we are here to guide you through the process!

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