Louisiana Immigration Law Firm

Ashley Dees LLC is now Berry Appleman & Leiden LLP. Please visit www.bal.com for more information.

Does a Fiancé or a Marriage Visa Have a Better Chance?

If you wish to bring your foreign-born significant other to the United States, you will require one of two visa types. The CR Marriage visa is a common one to choose, but the K-1 Fiancé visa may also be an option. The correct visa for you and your loved one depends on your situation. Here are some things to consider when choosing the correct visa.

Visa Refusal

Any visa application may be refused, and marriage is not always a sufficient reason for a visa to be issued. However, it is easier to appeal a denied CR Marriage visa than a K-1 Fiancé visa. When a fiancé visa is denied, the US Citizenship and Immigration Services (USCIS) will often administratively close the case without any oversight. This can affect future visa applications and may prevent your loved one from being able to obtain a visa.

Green Cards

When your significant other enters the U.S. on a CR Marriage visa, it is also possible to begin their application for a green card. This will help expedite the process to allow your spouse to obtain lawful permanent resident status more quickly. When your loved one enters the country on a fiancé visa, you must first get married before you can apply for an adjustment of status.

Time to Obtain a Visa

The timing to obtain a visa can vary greatly. One form of visa may fit your timing needs better than the other. Consult your immigration attorney to discuss which visa may suit your needs.

Immigrating with Children

If your loved one has children that you wish to bring to the U.S., you may need to choose the visa that will allow them to immigrate. Both visa forms allow for children to immigrate with their parent, but there is an age difference between the two visas. Marriage visas allow you to immigrate a child as a dependent of the spouse, which means the marriage must occur before the child turns 18. Under a fiancé visa, however, you can immigrate an unmarried dependent child under the age of 21. Depending on the ages of any children involved, you may need to select a fiancé visa over a marriage visa.

Choose Your Visa with a Lake Charles Immigration Lawyer - (337) 214-0670

The visa process can be challenging, but our team at Berry Appleman & Leiden LLP is ready to answer your questions and guide you every step of the way. Our Lake Charles immigration attorneys can help you determine which visa is your best option and we can help you complete the application and interview process with our experienced legal counsel.

Find out how our legal team can help by scheduling a consultation. Contact our offices at (337) 214-0670.