Visas, Green Cards and Falling in Love

By: Atty. Maryam Khan

You’ve found your soulmate, you’re here and she’s there…what does immigration law say about bringing you two together to live in the U.S.? Here’s a primer on the two types of visas, implications of the green card, pros/cons, and the associated USCIS filing fees.

Fiancé Visa

A fiancé visa, also known as K-1 Visa, allows a person to bring their fiancé to the United States. This usually takes five to seven months, but the pandemic has changed the timeline to over ten months in some places. Most attorneys agree, however, that this process is currently taking anywhere between 8 to 24 months..

While this is a faster way to get your love into the U.S., it takes longer for them to get their green card since the process will not start until they have arrived into the U.S., married their U.S. citizen spouse, and then filed for the green card. There are some requirements for the fiancé visa such as marriage within 90 days of entering the U.S. and proof of engagement and meeting between the parties, unless religious or customary standards prohibit it.

Pros – allows a fiancé to enter the U.S. faster than when waiting for the spouse visa
Cons – the green card application only starts after the marriage and filing of the petition, which is several months, if not a year after the fiancé visa application. The fiancé visa is also a non-immigrant visa and one cannot work in the US without first applying for the work permit.

Spouse Visa

Officially called the Petition for Alien Relative, the spouse visa is an immigrant visa which allows the foreign spouse to enter the U.S. and establish permanent residency (green card status). The process is between 14 to 38 months. Upon arrival to the United States the spouse will receive a conditional green card (if married less than two years), which is good for two years and must be renewed on the basis of said marriage.

The foreign spouse is allowed to work right away and will be eligible to travel out of the United States for brief periods of time.

Pros – upon approval, spouse will enter with a green card and a right to work
Cons – takes the intended longer to enter the U.S. than on a fiancé visa.

USCIS Filing Fees

Below are the government filing fees as of publication of this blog post. These fees can – and do – change, so it’s always good to confirm the fees at the USCIS official website to know the current fees.

Fiancé Visa Government Fees

$675 Form I-129F Petition for fiancé visa
$265 Form DS-160 – Department of State processing fee
$200 Medical Exam – approximate cost
$1,440 Form I-485-Adjustment of Status, including biometrics fee

Spouse Visa Government Fees

$675 Form I-130 Petition for Alien Relative
$325 DS-260 Processing fee
– In addition –
$1,440 Form I-485 -Adjustment of Status, including with biometric fees
$260 Form I-765- Employment Authorization
$630 Form I-130 Application for travel document
$200 Medical exam – approximate cost

Check out our three-part posts for a more detailed explanation on the differences between these two visas:

About the Author: Atty. Maryam Khan was admitted into the practice of law in 2005 and was a founding partner of Amal Law Group, LLC. While early on she practiced family law and residential real estate law, she now focuses 100% of her time on immigration matters. Click here to contact Atty. Khan, or email her at maryamk@amallaw.com or call her direct line at (312) 488-9393.

Disclaimer: The above is provided for informational purposes only and is not intended to serve as legal advice. Seek legal advice only from a licensed attorney. For any legal questions, click here to contact us.