What is the best U.S. immigration path for a married couple when one is a seafarer?

Immigration Law

Hello sir, we are standing at a crossroads wondering what would be the easiest path forward for my partner and I living together in the US. Either get married in Sweden in December and try the I-130 / I-129F (K-3) so I can do most of my waiting in the US while waiting for the AOS, or use the K-1 fiancé 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 or need permission to travel in/out.

January 22, 2026

Clay G., Esq.

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The two options each have their advantages and disadvantages. Here is a summary:

Option 1: Spousal Immigrant Visa (CR-1 / IR-1)

Must be legally married before applying
Takes 1.5–2.5 years on average (but some cases are faster or slower)
Once the spousal immigrant visa is issued, the spouse comes to the US and is immediately a lawful permanent resident
Green card is sent to the spouse by mail within the first few weeks
Spouse has full rights to work and travel in and out of the US immediately upon entry

Option 2: Fiancé Visa (K-1)

Must not yet be legally married, but must intend to marry within 90 days of entry
Must have met in person at least once in the past two years
Takes 1–2 years on average
Fiancé enters the US in a temporary status without work authorization
Must marry within 90 days or leave the US
After marriage, the spouse applies for a green card, which takes 8–14 months on average
The fiancé/spouse cannot work or travel until receiving temporary authorization (about 4–6 months after filing), resulting in roughly 7–10 months without work or travel ability

Full Conversation

Lexi, Chatbot

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, just wondering what would be the easiest.

Lexi, Chatbot

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 cannot choose those dates. Therefore, I am concerned about the given interview time or the possibility to exit the US border to get to work.

Lexi, Chatbot

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 I-129F form for obtaining either K-1 or K-3 (depending on route chosen), can I still travel in and out of the US on my B1/B2 visa since I have not started my application at the consulate in Sweden yet?

Example: apply for K-1 in January 2026 – fiancé travels on B1/B2 to the US in May–June (before I-129F is approved) – I-129F is approved – I continue the K-1 application once home in Sweden July onwards. When does my B1/B2 become invalid?

Clay G., Esq.

Hello! I am Clay H. Greenberg, an immigration attorney with several years’ experience, and I will be assisting you with your question today. Please give me a moment to review your question. Some answers may take a bit of time to prepare, so if you do not hear from me immediately, rest assured that I have not forgotten about you! Feel free to reach out if you have not heard back from me in 15 minutes.

Clay G., Esq.

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.

Clay G., Esq.

OK, thanks for confirming that.

As an initial matter, let me say that the K-3 visa is not something you should count on. 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 CR-1 visa instead.

Clay G., Esq.

That is correct

Clay G., Esq.

The two options each have their advantages and disadvantages. Here is a summary:

Option 1: Spousal Immigrant Visa (CR-1 / IR-1)

Must be legally married before applying
Takes 1.5–2.5 years on average (but some cases are faster or slower)
Once the spousal immigrant visa is issued, the spouse comes to the US and is immediately a lawful permanent resident
Green card is sent to the spouse by mail within the first few weeks
Spouse has full rights to work and travel in and out of the US immediately upon entry

Option 2: Fiancé Visa (K-1)

Must not yet be legally married, but must intend to marry within 90 days of entry
Must have met in person at least once in the past two years
Takes 1–2 years on average
Fiancé enters the US in a temporary status without work authorization
Must marry within 90 days or leave the US
After marriage, the spouse applies for a green card, which takes 8–14 months on average
The fiancé/spouse cannot work or travel until receiving temporary authorization (about 4–6 months after filing), resulting in roughly 7–10 months without work or travel ability

OK, that’s long timelines without income for me.

For option 1, until when can I use my B1/B2 visa to travel? Since he is in the military, he doesn’t have a lot of chances to travel abroad to visit me in Sweden or on my ship. Is the longest wait usually to obtain the I-130 approval once I start the CR-1 process in Sweden?

And for option 2, can I attend community college while waiting?

Clay G., Esq.

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 B1/B2 until I start the application for the K-1, or does that possibility cease already when he files the I-129F?

Clay G., Esq.

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 US if the customs officer determines they are eligible at the time of entry.

One requirement is that the traveler must show they are only coming to visit and not to stay permanently. This determination is based on circumstances, not just what you say.

Being married to a US citizen makes B-visa entry harder, but not impossible. Once an I-129F or I-130 is filed, it becomes even harder, but still not impossible if you can show strong ties to your home country requiring your return.

Option 1 question: can I travel on my B1/B2 until I start the CR-1 application, or does that possibility cease when he files the I-130 or when it is approved?

Clay G., Esq.

Please see my answer above.

Is there a maximum time limit to start the process in Sweden after either the I-130 or I-129F is approved? For example, if we get approval and I am on the ship another 10 weeks.

Clay G., Esq.

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 should consider or know going forward?

Clay G., Esq.

Nothing else comes to mind. Do you have any other specific questions?

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 friends and family? Should those statements be on a specific form or paper?

And one last question: if I am on a ship and we are sailing to the US during the I-130, I-129F, or CR-1 process, would that be an issue for my C-1/D visa?

Clay G., Esq.

Since we're not allowed to provide legal advice here (only general legal information), I can’t tell you exactly what evidence to submit. In general, people often submit signed written statements describing the relationship, with language stating the contents are true under penalty of perjury (an affidavit). The same applies to statements from friends or family.

As for your last question, please see what I said above about traveling to the US on a B visa. The same analysis applies to the C-1/D visa.

OK, thank you.

Clay G., Esq.

You’re very welcome. Good luck. It was my pleasure to assist you. Have a great day!

Clay G., Esq.

4,961 satisfied customers

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