Bringing Your Spouse From India: K-1, CR-1 and the Marriage Green Card

If your partner is in India, there is a well-defined path to bring them to the US, but which one depends on whether you are already married and whether you are a US citizen or a green-card holder. Getting the route right saves months. Here is the map. This is general information, not legal advice.

First question: married or engaged?

• If you are engaged and your partner is abroad, the K-1 fiance visa lets them enter the US to marry you within 90 days, after which they adjust to a green card
• If you are already married and your spouse is abroad, they immigrate on a marriage-based immigrant visa (often called CR-1 or IR-1) through consular processing
• If you are married and your spouse is already in the US in some status, they may be able to adjust status from within the country

Second question: citizen or green-card holder?

This decides the wait.

• A US citizen's spouse is an immediate relative with no annual cap, so there is no visa-number wait, only processing time
• A green-card holder's spouse falls in the F2A category, which can carry a wait depending on demand

The K-1 path in brief

The US-citizen partner files a fiance petition, the case moves to the consulate in India for the visa, your partner enters the US, you marry within 90 days, and then they file to adjust to a green card. K-1 is only for US citizens, not green-card holders.

The spouse-visa (CR-1/IR-1) path in brief

You file the immigrant petition for your spouse, it is processed and sent to the consulate in India, and your spouse enters the US as a permanent resident (or close to it). Many prefer this route because the spouse arrives already authorised to live and work.

Which should you choose?

• Not yet married and want them here sooner to marry in the US: K-1 (citizens only)
• Already married, or you want your spouse to arrive as a resident ready to work: CR-1/IR-1
• Green-card holder: the marriage-based immigrant route, keeping the F2A wait in mind, or consider it once you naturalise

The bottom line

Match the route to your status and your marital situation, and expect to prove the relationship is genuine at every step. Processing times and fees change often, so confirm the current process at uscis.gov and travel.state.gov, and consider an attorney for a smooth filing.