Immigration Attorneys For K-1 Fiancé and Marriage Based Visas

Marriage is a widely celebrated union between couples across the U.S. and abroad. In 2019 alone, California welcomed over 6,000 fiancé visas, according to Boundless. Couples are still getting married at record numbers. That’s why it’s crucial to determine if you’d like your spouse to become a lawful permanent resident to join you in the U.S.

This is a joyous time for you both. This article lists the difference between the two to help narrow your decision. You can always reach out to our law offices of immigration in Los Angeles should you have questions.

The K-1 Fiancé Visa

K-1 is a non-immigrant visa granted to individuals that intend to enter the country and marry a U.S. citizen. Unlike other visas, the number of admissions is usually smaller compared to tourist or student visas.

Here’s what you should know:

• To sponsor your fiancé, you must be a U.S. citizen.
• Before you’re able to get married, you and your fiancé need to meet eligibility requirements.
• Two vital requirements include proving financial eligibility (meeting 100% of the federal poverty guidelines) and presenting evidence you were divorced (if applicable).
• For U.S. citizens to bring their future spouse to live with them, they also need to submit I-129F Petition.
• It often takes 5-7 months from the date you submit I-129F to hear back about the K-1 visa.
• The filing fee for this petition is $535 and an additional $265 for foreign nationals to submit their visa application via DS-160.
• Once your fiancé receives the visa, you and your fiancé can get married within 90 days of arrival.
• After the wedding, your newlywed spouse must file for a green card – there is a $1,140 filing fee and an $85 fingerprint fee.

The K-1 visa is typically favored over marriage visas because it’s faster, easier, and more convenient. We strongly encourage you to consult with an attorney for immigrant families in Los Angeles if you have questions, as this can be a complex process.

Note: Immigration officials require you to demonstrate that your relationship is real. You can provide photos, provide written testimonials, or additional evidence. An attorney for K-1 visa applicants would also encourage you to share wedding plans to solidify your chances.

Marriage Visas

Last year the USCIS received fewer petitions for Alien Relatives (Form I-130). This is an opportunity for you, the U.S. citizen, to get married outside of the U.S. You can then sponsor them for a marriage-based visa when they are ready to relocate.

Here’s what you should know:

• As the sponsor, you must submit Petition I-130 with the $535 filing fee.
• Once approved, your spouse must submit a green card application, which entails a DS-260, a $445 filing fee, and a forthcoming visa interview at an Embassy or Consulate within their country.
• After approval, your spouse will receive a visa stamp (USCIS: $220 immigrant fee) to travel to the U.S. They can become a permanent resident upon arrival and qualify for employment.
• It can take 2-3 weeks to receive the green card.

Unlike the K-1 visa, it can take 10-13 months and a total expense of $1,200. A green card attorney in LA can provide you with alternatives if this is too costly or you need more insight into the process.

Which Process Is Right for Me?

Only you and your fiancé or spouse can make that decision! Most clients that refer to our Los Angeles immigration law firm choose based on their financial situation, ability to marry, among other factors.

If you have a smaller window to get married and plan on joining unions in the U.S., you might benefit from the K-1 visa.

Couples hoping to get married in their national country and take their time applying for permanent residency might benefit more from a marriage-based visa.

Either way, there’s a lot at stake for you and your partner. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.

About Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue stalling your citizenship, we are here to help.

COVID-19 has drastically impacted citizenship in the U.S. In the past year, we have adjusted and acted accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients.