Step-by-step guidance to choose the fastest and safest option
One of the most common and confusing decisions military families face is choosing between:
- a K-1 Fiancé Visa, or
- a CR-1 / IR-1 Spousal Visa
Both are valid. Both lead to permanent residency.
But they work very differently, especially for military families. Let’s dive into which is correct for your situation.
Option 1: K-1 Fiancé Visa
Best if you are not yet married, you live abroad and your service member lives in the USA.
The K-1 visa allows a foreign-born fiancé of a U.S. citizen to enter the United States for the purpose of getting married. After marriage, the foreign-born spouse applies for a green card from inside the U.S.
Basic Requirements
✔ Your partner is a U.S. citizen (green card holders cannot file a K-1 visa)
✔ You’ve met in person within the last 2 years
✔ You are both legally free to marry
✔ You intend to marry within 90 days of entry to the United States
✔ Your relationship is bona fide
Step-by-Step: K-1 Process
Step 1: File Form I-129F (Petition submitted by U.S. Citizen for Foreign Fiancé)
- Filed with USCIS
- Include proof of relationship (photos, messages, travel records)
- Include military ID and orders of service member for expedited review
- Include filling fee
🔗 Form & instructions:
https://www.uscis.gov/i-129f
Step 2: USCIS Review & Approval
- Standard timeline: 5–8 months
- Military cases may be expedited
Step 3: Consular or Embassy Processing
- Case is forwarded to the U.S. embassy or consulate in the foreign-born fiancé’s country
- Foreign-born fiancé completes the following steps:
- Form DS-160 (Online Visa Application)
- Schedule the medical exam with an approved physician
- Gathers required documents, including:
- Passport
- Birth certificate
- Police certificates
- Divorce or death certificates (if applicable)
- Evidence of relationship
- Proof of financial support (Form I-134) (The U.S. citizen must show they can financially support their fiancé. Income requirement: 100% of the federal poverty guidelines for Active Duty military members.)
🔗 Form & instructions:
https://ceac.state.gov/genniv/
Step 4: Visa Interview
- The foreign-born fiancé attends an in-person interview at the U.S. embassy or consulate.
- The officer may ask about:
- How you met
- Your relationship history
- Wedding plans
- Where you will live
- Your American fiancé’s job and family background (memorize those birthdays!)
If approved:
The K-1 visa is placed in your passport! (YAY!)
Step 5: Entry to the U.S.
- Visa valid for one entry
- The fiancé must enter the U.S. before the visa expires
- Must marry within 90 days
- Entry is only for marriage
- The 90-day clock starts the day they arrive
Step 6: Get Married (Within 90 Days!)
You must legally marry within 90 days of entry, so get working on the wedding planning!
If you do not marry within 90 days:
- The foreign-born fiancé must leave the U.S.
- There is no extension or conversion
Step 7: Apply for Green Card
- File Adjustment of Status Form I-485 after marriage
- Apply for work permit (Form I-765) and travel permit (Form I-131)
While your application is pending approval, you as the foreign-born spouse can:
- Stay in the U.S.
- Work and travel once you have approval for those permits
🔗 Adjustment of Status (I-485) From and Instructions:
https://www.uscis.gov/i-485
🔗 Work Permit (I-765) From and Instructions:
https://www.uscis.gov/i-765
🔗 Travel Permit (I-131) From and Instructions:
https://www.uscis.gov/i-131
Pros of the Fiancé Visa
✔ Faster entry to the U.S.
✔ Good for couples not yet married
Cons
✖ Two-step process (visa + green card)
✖ More paperwork and costs long-term
✖ No work authorization is not immediate
Option 2: CR-1 / IR-1 Spousal Visa
Best if you are already married.
A CR-1/IR-1 spousal visa allows a foreign-born spouse of a U.S. citizen or green card holder to enter the U.S. as a permanent resident. It is common to use this route when you decide to get married in the foreign-born spouse’s home country – for example, if you met and married while your American service member was stationed abroad.
- CR-1: marriage is less than 2 years old (conditional green card)
- IR-1: marriage is 2 years or more (10-year green card)
Basic Requirements
✔ Legal marriage
✔ Bona fide relationship
✔ U.S. citizen petitioner
Step-by-Step: CR-1 / IR-1 Spousal Visa Process
Pre Step: Get Married
You must be legally married first! Marriage can take place inside or outside the U.S.
Step 1: File Form I-130
The U.S. citizen or permanent resident files Form I-130 with USCIS.
- Proof of petitioner’s status (citizenship or green card)
- Marriage certificate
- Evidence of a real relationship (photos, messages, shared finances)
- Filing fee
- Include military documentation
🔗 Form & instructions:
https://www.uscis.gov/i-130
Note, if the service member is stationed OCONUS, you may be eligible for direct consular filing which will expedite the process further. Look into whether a USCIS representative visits the base periodically and whether they can assist you.
Step 2: USCIS Approval
Military families may see approval in 1–3 months
Step 3: National Visa Center (NVC)
After approval your case is sent to the National Visa Center.
Submit:
- DS-260 (immigrant visa application)
- I-864 (Affidavit of Support – 100% poverty guideline for military)
- Financial documents
- Filing fee
🔗 NVC process:
https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center.html
Step 4: Consular Interview
The foreign-born spouse completes:
- Medical exam
- Background checks
- Interview at U.S. embassy or consulate in home country
If approved your Immigrant visa is issued! You will receive an I-130 in your passport which will work as a temporary Green Card until your physical one arrives in the mail.
Step 5: Entry to the U.S.
You can now enter the US as a Permanent Resident!
- Your physical Green Card will arrive by mail to your US address
- You are authorized to work and travel immediately
- No adjustment of status is required
Pros of the Spousal Visa
✔ One-step to permanent residency
✔ Immediate work authorization
✔ More stable long-term
Cons
✖ Requires marriage first
✖ Slightly longer time abroad in some cases
Which Option Is Better for Military Families?
In most cases:
- Already married → Spousal visa
- Not married → Fiancé visa
But deployment timelines, PCS orders, and personal circumstances matter. An immigration attorney familiar with military cases can help you choose strategically.
Key Immigration Challenges and Considerations for 2026
As immigration policies continue to evolve, we have compiled key developments affecting immigration cases for foreign-born military spouses and fiancés to keep you informed:
- There are currently no instances of waived or simplified interview requirements – military and civilian applicants alike should expect to be called to the required interviews.
- Although cases involving military families are typically eligible for expedited processing, we are currently observing longer processing times and increased delays across cases. Therefore the typical times noted in this article will likely be longer than usually expected for military connected cases.
A Few Final Tips:
Highlight your Service Member’s Military Status!
Military families can often assume the government will “see” their military status without being told. This is not the case! Immigration officers process thousands of cases every week, if your service member’s military service is not clearly documented, your case may be treated as a standard civilian case. In your application, ensure ensure you include a copy of:
Double check your forms!
Triple check all boxes are signed, names and places spelled correctly and the dates are written in the correct format. You’ll be surprised how many different ways there are to write your birthday…
- Your service members military ID
- Your service members current orders
Include plenty of evidence of your relationship!
Due to special considerations for military families in immigration cases, some may assume that USCIS looks at their case differently and fail to include enough evidence that they are in a bonafide marriage or relationship.
Therefore, it is important to add documents such as:
- A lease in both of your names
- Joint bank account statement,
- Tax document showing that they filed jointly,
- Affidavit of support from the Command, colleagues confirming that they are a couple etc.
- Photographs showing not just the two of them, but the two of them with other people and document that. Mom, dad, friends, in family gatherings etc. children birth certificates etc etc.
Resources for Next Steps
- USCIS Family Immigration:
https://www.uscis.gov/family - Department of State – Immigrant Visas:
https://travel.state.gov - Military OneSource Legal Help:
https://www.militaryonesource.mil - Foreign-Born Military Spouse Network (FMSN):
Community guidance, education, referrals
https://fbmnetwork.com/ - Military OneSource:
www.militaryonesource.mil - American Immigration Lawyers Association (AILA):
www.aila.org - USCIS Military Help Line: 877-CIS-4MIL
How FMSN Can Help
The Foreign-Born Military Spouse Network (FMSN) provides:
- Education and plain-language guidance
- Trusted referrals to military-informed legal support
- Community spaces where spouses can ask questions safely
📩 Need help understanding your immigration options?
If you are looking for more information on immigration Law and Visa Processes for foreign-born military spouses (and fiances!), watch our full conversation with Immigration Attorney Nadezda Roife here.
Disclaimer: Last Updated – January 2026 | The information in this guide is for educational purposes only and does not constitute legal advice. Immigration laws and policies change frequently. Consult with a qualified immigration attorney for guidance specific to your situation.