Which is the easiest way to marry a non-citizen?
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The two options each have their advantages and disadvantages. Here is a summary:
Option 1: Spousal Immigrant Visa (CR1/IR1)
Must be legally married before applying
Takes 1.5-2.5 years on average (but some cases are faster or slower)
Once spousal immigrant visa is issued, spouse comes to the U.S. and is immediately a lawful permanent resident of the U.S. Green card is sent to spouse by mail within first few weeks
Spouse has full rights to work and travel in and out of the U.S. immediately upon first entry to the U.S.
Option 2: Fiancé Visa
Must not yet be legally married, but must intend to get married within 90 days of fiancé's entry into the U.S.
Must have met in person at least once in the past two years
Takes 1-2 years on average (but some cases are faster or slower)
Once fiancé visa is issued, fiancé comes to the U.S. in a temporary status without work authorization. Must get married within 90 days. If you don't get married within 90 days, must leave the U.S.
As long as the marriage happens within 90 days, the fiancé (now the spouse) can apply for a green card, which takes 8-14 months, on average (but some cases are faster or slower).
Fiancé will not be able to work or travel in/out of the U.S. until after getting married, submitting the green card application, and waiting (on average) 4-6 months to receive temporary work authorization and temporary travel authorization. So, the fiancé is looking at (on average) 7-10 months post-entry where he will not be allowed to work or travel.
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Hello sir, We are standing at a crossroads, wondering what would be the easiest path forward for my partner and me living together in the US. Either get married in Sweden in December and try the I130 / I129f (K3) so I can do most of my waiting in the US while waiting for the AOS. Or, use the K1 fiancée route and do the I-130 and AOS after getting married in the US. What is the recommended route? I am a seafarer and either have to stop work while waiting /need permission to travel in/out.
I understand the importance of finding the best path for you and your partner. Have you both discussed which option aligns best with your long-term plans and preferences?
Yes we have both paths work for us , what is the easiest?
Are there any specific concerns or constraints related to your work as a seafarer that may impact your decision on which route to take?
I work 10 weeks and am off 10 weeks; I can not choose those dates. therefore, I am concerned about the given interview time or the possibility to exit US border to get to work
Is there anything else the Immigration Lawyer should know before I connect you? Rest assured they’ll be able to help with your visa options.
While my partner in the us is filing the 129f form for obtaining either K1 or K3 (depending on route chosen) Can I still travel in and out of the US on my b1b2 visa? Since I have not started my application and the consulate in Sweden yet. ex. : apply for K1 in January 2026 - finance travel on B1B2 to the US in May-June (before 126f is approved) - I129f is approved - I continue the K1 application once home in Sweden, July onwards. When does my B1B2 become invalid?
Hello! I am Clay H. Greenberg, an immigration attorney with several years’ experience, and I will be assisting you with your question today.
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How are you today? I understand you have a question about the spousal immigrant visa (I-130) vs. the fiancé visa (I-129F). Is that correct?
That is correct
We are unsure of what route to take, we have thought about both. and what would suit us best. Since I am a seafarer on a cruise ship and he is in the us military, we unfortunately don't have the best flexibility when it comes to scheduling.
OK, thanks for confirming that.
As an initial matter, let me say that the K-3 visa is not something you should count. Although it technically still exists, it is basically never issued due to timing. So, you should assume you will not be able to get a K-3 visa.
Thanks for confirming that, that is what i have started to gather while reading more and more.
So, if married, it would be a CR1 visa instead.
That's correct.
The two options each have their advantages and disadvantages. Here is a summary:
Option 1: Spousal Immigrant Visa (CR1/IR1)
Must be legally married before applying
Takes 1.5-2.5 years on average (but some cases are faster or slower)
Once spousal immigrant visa is issued, spouse comes to the U.S. and is immediately a lawful permanent resident of the U.S. Green card is sent to spouse by mail within first few weeks
Spouse has full rights to work and travel in and out of the U.S. immediately upon first entry to the U.S.
Option 2: Fiancé Visa
Must not yet be legally married, but must intend to get married within 90 days of fiancé's entry into the U.S.
Must have met in person at least once in the past two years
Takes 1-2 years on average (but some cases are faster or slower)
Once fiancé visa is issued, fiancé comes to the U.S. in a temporary status without work authorization. Must get married within 90 days. If you don't get married within 90 days, must leave the U.S.
As long as the marriage happens within 90 days, the fiancé (now the spouse) can apply for a green card, which takes 8-14 months, on average (but some cases are faster or slower).
Fiancé will not be able to work or travel in/out of the U.S. until after getting married, submitting the green card application, and waiting (on average) 4-6 months to receive temporary work authorization and temporary travel authorization. So, the fiancé is looking at (on average) 7-10 months post-entry where he will not be allowed to work or travel.
Okay, that's a long timeline without income for me. For the option 1 route, when can I use my B1b2 visa to travel? Since he is in the military, he doesn't have many chances to travel abroad to visit Sweden or my ship. Is the longest wait usually to obtain the I-130 form answer when I start the CR1 process in Sweden? And on option 2, can I attend community college while waiting?
I agree. For most people, I tend to think the spousal visa is better for the reason you described.
Same for option 2, can I travel on my B1B2 until I start the application for the K1 ? Or does that possibility cease already when he hands in the 129F form?
The answer to both questions, unfortunately, is "it depends". There are no clear rules on that. Any person with a valid B visa can enter the U.S. if the customs officer determines they are eligible to do so at the time they arrive at the airport or land crossing. One of the requirements to be eligible to do so is that the traveler be able to show they are only coming to visit and not to stay permanently. The officer doesn't make that determination based on what you say. Instead, they make it based on your circumstances.
So, if you are married to a U.S. citizen, that can make it hard to be admitted with a B visa, but it's not impossible if you can show plenty of reasons why you need to return to your home country after your visit. Once an I-129F or I-130 is filed, then it becomes even harder to be admitted with a B visa, but again it's not completely impossible if you can persuade the officer that you have strong ties to your home country that will require to leave the U.S. and return there after your visit, even though you do plan to immigrate to the U.S. permanently in the future.
Option 1 question: can I travel on my b1b2 until I start the application for the CR1? or doest that possiblity sease already when he hands in the I 130 form or when the I130 is approved?
Please see my answer above.
Is there a maximum time limit for starting the process in Sweden after either the I-130 or I-129F form is approved? Let's say we get the approval, and I am on the ship for another 10 weeks.
Once the petition has been approved, you typically have at least a year to start the process at the consulate abroad.
Anything else you think we shoould consider or know going forward ?
Nothing else comes to mind. Do you have any other specific questions about this?
They talk a lot about proof of our relationship. Since we don't live in the same country but have known each other for 7 years, can we show airline tickets and vacation photos as proof? And statements from our friends and families? Should such a statement be done on a specific form or paper?
And a last question: If I am on a ship and we are sailing to the US during the I130, I129f, or my Cr1 process, would that be an issue for my C1D visa?
Since we're not allowed to provide legal advice here (we can only answer general legal questions), I can't tell you exactly what evidence to submit or how to present it. In general, if you want to tell the story of your relationship (which is a good idea), then you can write in the form of a signed letter, with an extra statement saying that what you have written is stated under penalty of perjury. This is called an "affidavit". The same is true for statements from friends or family.
As for your last question: Please see what I said above about traveling to the U.S. with a B visa. The same is true for the C1/D visa.
Ok, thank you
You’re very welcome. Good luck. It was my pleasure to assist you. Have a great day!
