A bride or groom in India may marry, or plan to marry, someone living in the United States. Families then quickly hear many confusing terms: K-1, CR-1, IR-1, F2A, I-130, NVC. These are not rival products. They are different legal routes. The right one depends mainly on two questions. Is the US partner a US citizen or a green card holder? And is the couple already married?
This guide explains how it normally works, in plain words. It is general guidance, not legal advice. US immigration law, forms, filing fees, wait times and steps change. Your own situation also matters a great deal. Check the official USCIS and US Department of State websites. You may also want to speak to a US immigration attorney before you decide anything.
First question: citizen or green card holder?
A US citizen can sponsor a spouse as an immediate relative. There is no yearly limit on the number of immediate relatives. This normally makes the wait easier to predict. A US citizen can also sponsor a fiance or fiancee on a K-1 visa.
A lawful permanent resident (green card holder) can sponsor a spouse in the F2A family preference category. Preference categories have yearly limits. So applicants may need to wait until their priority date is current. You can see this in the Department of State's monthly Visa Bulletin. A green card holder cannot sponsor a fiance on a K-1 visa. That option is only for US citizens.
The K-1 fiance(e) visa
The K-1 visa lets the foreign fiance or fiancee of a US citizen travel to the United States to marry them. In general terms:
- the US citizen files Form I-129F, Petition for Alien Fiance(e), with USCIS
- both partners must be legally free to marry. They normally must have met in person in the two years before filing. A waiver may apply, for example for certain strict cultural or religious customs or extreme hardship
- after approval, the case moves to the US embassy or consulate for the visa interview
- the couple must marry within 90 days of the fiance entering the United States
- after the wedding, the spouse applies from inside the United States to change their status to permanent resident
The K-1 route can suit couples who want the wedding in the United States. Couples who marry in India usually use an immigrant visa route instead.
CR-1 and IR-1 immigrant visas for spouses of US citizens
If the couple is already married, a US citizen usually files Form I-130, Petition for Alien Relative, for the spouse. The petition may be approved while the spouse is outside the United States. Then the spouse goes through consular processing and enters the US as a permanent resident.
The visa type depends on how long you have been married when the spouse enters the US. A CR-1 (conditional resident) visa is given when the marriage is less than two years old. The spouse gets a conditional green card. Later, before that card expires, they must file Form I-751 to remove the conditions. An IR-1 visa is given when the marriage is two years old or more. It leads to a regular green card.
F2A for spouses of green card holders
A lawful permanent resident files the same Form I-130 for a spouse. But the case falls under the F2A preference category. After USCIS approves it, the case waits until the priority date is current in the Visa Bulletin. Then it moves forward much like other immigrant visa cases. The green card holder may become a US citizen while the petition is still open. If so, the case may move to the immediate relative category. Check current USCIS guidance on how this works.
The usual steps: I-130, NVC and the interview
- The US sponsor files Form I-130 with USCIS. They include proof of their status, the marriage certificate and proof of a real relationship.
- USCIS reviews the petition and may ask for more proof.
- After approval, the case goes to the Department of State's National Visa Center (NVC).
- Through the NVC, the applicant pays the current fees. They also send the immigrant visa form and civil documents. The sponsor sends the Affidavit of Support (Form I-864). This shows they can support the spouse with money.
- When all documents are complete, and a visa is available in preference cases, the NVC sets an interview at a US embassy or consulate.
- Before the interview, the applicant has a medical exam with an approved panel doctor.
- A consular officer interviews the applicant and decides the case.
The foreign spouse may already be in the United States legally. Then it may sometimes be possible to adjust status inside the US instead of using consular processing. Expert advice is especially useful here. Entering on a temporary visa while hiding a plan to immigrate can cause serious problems.
Proving a genuine marriage
USCIS and consular officers look for a bona fide, or genuine, marriage. Arranged and introduced marriages are common, and they are not a problem in themselves. Useful proof includes the registered marriage certificate and wedding and family photos. Your message history and travel records of visits also help. So do any joint money matters or shared plans. Answer interview questions honestly. It is fine to say you do not know something, rather than guess.
Common mistakes to avoid
- Choosing a route before checking whether the sponsor is a citizen or a green card holder.
- Using an old form version or filing fee. Always download forms and check fees on uscis.gov.
- Weak or mismatched Affidavit of Support documents.
- Dates and details that do not match between the I-130, NVC forms and interview answers.
- Travelling to the US on a visitor visa while hiding a plan to stay and marry.
- Paying an unofficial agent who promises a guaranteed visa or an interview shortcut.
Advisers, fraud warnings and where Meravyaah fits
For legal advice, use a licensed US immigration attorney. You can also use a Department of Justice accredited representative who works for a recognised organisation. Be careful of notarios and unofficial agents. They are not allowed to give US immigration advice. No one can guarantee a visa. Marriage fraud brings serious penalties under US law. These include permanent bans from future immigration benefits. Never pay anyone who offers fake documents, a contract marriage or guaranteed approval.
Meravyaah is an online marriage introduction service for Indian and NRI singles and families. It has members in India, the USA and other countries. Registration is free, and your contact details are never public. Meravyaah does not give visa or legal help. If someone on a profile asks for money for visa help, please report the profile.
Where to get official, up-to-date information
This article is general guidance, not legal advice, and US rules change. For forms, filing fees and processing details, use uscis.gov. For the National Visa Center, the Visa Bulletin and embassy interview steps, use travel.state.gov. Your case may involve earlier visa refusals, past overstays, an earlier marriage or any criminal history. If so, speak to a US immigration attorney before you file.