Are you about to get married to a US citizen, or have you already gotten married? The answer to this question will help you determine whether to apply for a K-1 Visa or a CR-1/IR-1 marriage-based green card.
If you have not yet gotten married, you can apply for a K-1 visa. If you have already gotten married, you will apply for either a CR-1 visa or an IR-1 visa. It depends on how long you have been married. If you have been married for less than 2 years, you will apply for the CR-1 visa. Couples married for longer than 2 years will apply for an IR-1 visa.
Your specific situation will determine whether to apply for a K-1 visa or a marriage-based visa.
In this post, we will cover the differences between the K-1 Visa and the CR-1/IR-1 marriage visa so you can make an educated and informed decision with your loved spouse or fiancé.
Fee Reminder: USCIS fees changed in April 2024. Make sure to check the official USCIS fee schedule before you file.
Government Fee Breakdown for K-1 and CR-1/IR-1 Visas
| Visa Type | Forms | Stage |
|---|---|---|
| K-1 Fiancé Visa | I-129F → DS-160 → I-134 → I-485 + I-864 | Petition → Visa → AOS |
| CR-1 / IR-1 | I-130 → DS-260 → I-864 | Petition → Visa |
Government Fee Breakdown For K-1 and Cr-1 / IR-1 Visas
Marriage-based Visa (CR-1 or IR-1)
| Stage | Form | Fee |
|---|---|---|
| Petition by U.S. spouse | I-130 | $675 |
| Immigrant visa application | DS-260 | $325 |
| Affidavit of Support review | I-864 (NVC) | $120 |
| Green card production fee | Immigrant Fee | $235 |
| Estimated total | $1,355 (excluding medical/travel/legal) |
K-1 Fiancé Visa
| Stage | Form | Fee |
|---|---|---|
| Petition by U.S. citizen | I-129F | $675 |
| Nonimmigrant visa application | DS-160 | $265 |
| Adjustment of Status (AOS) | I-485 + I-864 | $1,440 |
| Estimated total | $2,380 (excluding medical/travel/legal) |
Difference Between K-1 Visa And CR-1 and IR-1 Marriage Visas
The difference between a K-1 visa and a CR-1/IR-1 visa is one of the most common questions asked during a marriage visa consultation. One of the most critical details determining what visa you apply for is whether you are married or not?
If you are not married yet, the fiancé of a United States citizen can immigrate to the US with a K-1 visa as long as the couple gets married within 90 days.
However, if you were married outside of the US, you will need to file an I-130 petition and take the CR1/IR1 process to immigrate to the US. Whether you need a CR-1 or an IR-1 visa depends on how long you have been married.
Which path you choose depends on where and when you want to get married. It may be important to your family to have a wedding outside of the United States. Or you may want to get married before getting a K-1 visa. Whatever your situation is, there are options to bring your spouse to the United States.
We will cover what Marriage visas are first. If Marriage visas do not seem to apply to your situation, read the K-1 visa portion of this post to see if it is a better option for you.
the Difference between a CR-1 and IR-1 Marriage Visas
There are two types of visas you can apply for if you have already gotten married. They are the CR-1 visa and IR-1 visa. Which visa you are eligible for depends on how long you have been married. CR-1 visas are for couples that have been married for less than two years, and IR-1 visas are for couples married for longer than 2 years.
What is a CR-1 Visa?
A CR-1 visa is a conditional resident visa. That means the foreign spouse may travel, live, go to school, and work in the US with a CR-1 visa and marriage-based green card. However, other “conditions” must be satisfied to stay in the US if you were granted a CR-1 visa.
There are also other forms you must submit before your CR-1 visa expires.
Who Qualifies for a CR-1 Visa?
A CR-1 visa is for couples that:
- Were married outside of the United States
- Have been married for less than two years
- Have one spouse living in the U.S. who is either a U.S. citizen or lawful permanent resident (green card holder)
- Can prove that the marriage is legal and not trying to circumvent the US immigration system
Important Note: Spouses of U.S. citizens are considered “immediate relatives” and face no yearly visa caps. Spouses of permanent residents fall under the F2A preference category, which may have additional wait times depending on visa bulletin availability.
What happens to a CR-1 Green Card after two years?
The CR-1 visa is a conditional resident visa for couples that have not been married for very long (less than two years.) In the eyes of the US government, couples that have been married for a short time are more likely to apply for a marriage visa fraudulently. That is why the CR-1 is for couples that have been married for less than two years and require further processing. That leads us to the next step, the I-751 form.
Filing the I-751 Form
To continue living in the United States, you must petition to remove the conditional status on your CR-1 green card. Filing Form I-751, Petition to Remove Conditions on Residence, is the required step in this process.
As of 2025, the filing fee is $750, which includes biometrics.
You must typically file jointly with your spouse within the 90-day period before your conditional green card expires. If you are divorced, widowed, or have experienced abuse, you may qualify for a waiver and file without your spouse.
Once your I-751 is approved, you will receive a 10-year permanent resident card, and you may continue to live and work in the United States.
Note: USCIS will issue a receipt notice that automatically extends your conditional green card for up to 48 months while your petition is pending.
Who Is Eligible for the IR-1 Visa?
An IR-1 visa is for an immediate relative and grants permanent residence to the foreign spouse.
To be eligible for an IR-1 Visa, you must:
- Be legally married
- Be married to a United States citizen
- Have been married for longer than 2 years
What Is the IR-1 Visa Processing Time?
What Is the IR-1 Visa Processing Time?
The IR-1 visa processing time typically ranges from 12 to 18 months in 2025. This timeline includes:
- I-130 petition processing by USCIS
- Case review by the National Visa Center (NVC) (usually 4 to 6 weeks)
- Final visa interview at a U.S. embassy or consulate
Processing times may vary based on case complexity, government workload, and interview backlogs at specific embassies. It’s important to monitor the status of your case and prepare documents promptly to avoid delays.
How Much Does a Marriage-Based Green Card Cost?
When you are ready to file for a marriage-based green card, you can expect to pay for
- Filing the I-130 petition: $675
- DS-260 immigrant visa application: $325
- Affidavit of Support fee (Form I-864): $120
- USCIS Immigrant Fee (after visa issuance): $235
- Medical exam fees (vary by country)
- Other costs such as passport fees, translations, or travel expenses
As you can see, fees can add up when filing for marriage visas. Consult with our law firm to understand how much you can expect in legal fees.
Benefits of the K-1 Visa vs. Marriage-Based Green Card
One of the key benefits of a K-1 Visa is the time it takes to complete the process. The full K-1 visa process currently takes about 8 to 12 months on average, including USCIS processing, NVC transfer, and the embassy interview. While it may be faster to enter the U.S. as a fiancé, applicants still need to apply for adjustment of status after marriage.
In contrast, marriage-based visas (CR-1/IR-1) allow the foreign spouse to enter the United States as a lawful permanent resident. This means they do not need to adjust status after arrival and can begin living and working in the U.S. immediately.
If you are thinking about getting married before applying for a K-1 fiancé visa, consider your timeline. It may benefit you to wait to get married and apply for the K-1 visa first.
Another benefit of the K-1 visa is the upfront cost. A K-1 visa requires paying for Form I-129F ($675) and the DS-160 visa application ($265). After marriage, the applicant must file for adjustment of status using Form I-485 ($1,440).
While the K-1 may have lower costs early on, the total government filing fees for the K-1 visa add up to about $2,380. By comparison, the CR-1/IR-1 visa process involves a single round of applications and costs around $1,355.
If you have yet to get married and plan to marry in the United States, a K-1 visa may be the right option. If you are already married or want to avoid filing additional paperwork later, a CR-1 or IR-1 visa may be a better fit.
Who Qualifies for a K-1 Fiancé Visa?
Only US citizens can file for a K-1 visa for their foreign fiancé. That means lawful permanent residents/green card holders cannot sponsor a fiancé.
In addition to being a US citizen, the couple must also meet the following criteria to be eligible for the K-1 visa:
- The couple must have met in person within the past 2 years.
- The couple must marry within 90 days of the foreign spouse’s arrival into the US.
- The foreign fiancé must be legally free to marry and both partners must intent to marry and establish a life together.
Frequently Asked Questions
Do I need to fill out a Form DS-160 for a K-1 Visa?
Yes, a Form DS-160 is required if you apply for a K-1 visa. The DS-160 is a paperless form that can be filled out online.
Which visa application should I use for a K-1 Visa?
K-1 visa applicants must use form I-134 because a K-1 fiance visa is a nonimmigrant visa. You will need to fill out and submit a Form I-864 when you adjust your status with the USCIS. As of April 2024, USCIS increased the fee for Form I-129F to $675 and Form I-485 to $1,440.
Can children of a foreign spouse get a green card?
Your children must be unmarried and under the age of 21 to qualify for a green card.
To be eligible as a stepchild, the marriage between the U.S. citizen or permanent resident and the child’s biological parent must occur before the child turns 18.
If the marriage happens after the child turns 18, they are not eligible for immigration benefits as a stepchild — even if they are under 21.
K-1 Visa vs. Marriage-Based Green Card: Final Thoughts
This post covered the different scenarios for a couple looking to gain lawful permanent residents in the United States for their foreign spouse.
If you have not yet gotten married, the fiancé visa (K-1) would be a suitable method for your foreign fiancé. On the other hand, if you are already married, you should consult with a lawyer about the appropriate visa for your spouse.
The key questions you must answer when considering a K-1 visa or marriage visa are:
- Are you married yet?
- Do you want to get married inside or outside of the United States?
- If you are already married, how long have you been married?
By talking through these questions with a lawyer, you can be sure to apply for the correct type of visa and start your journey to lawful permanent resident status in the United States.
Official Government Sources Cited in this Article
- USCIS Fee Rule – April 2024 Update
- U.S. Department of State – K-1 Fiancé Visa
- Visa Fee Schedule – U.S. Visa Services
- DS-160 Online Application Portal
- Form I-129F – Petition for Alien Fiancé(e)
- Form I-130 – Petition for Alien Relative
- Form I-485 – Application to Register Permanent Residence
- Form I-751 – Remove Conditions on Residence
- Form I-134 – Affidavit of Support
- Form I-864 – Affidavit of Support (Long Form)
