Understanding the difference between a fiancé visa or spousal visa (marriage green card) allows applicants to make the right decision for their circumstance. This second article of a four-part series will discuss the fiancé visa (a.k.a., K1 visa) and its eligibility requirements, status consequences, and costs to evaluate the best option for your situation.
Overview
As a brief summary, the K1 visa allows U.S Citizens to bring their fiancé to the U.S. to get married within a 90-day window. Afterwards, the fiancé can apply for adjustment of status to become a legal permanent resident (green-card holder). The process can take anywhere from 10 months to 18 months, though this is a fluid timeframe. This can be a faster route, but depending on consular delays due to the pandemic, it may take about the same amount of time as a spousal visa and costs $2025 (this does not include attorney’s fees).
Eligibility Requirements in a Nutshell
- Must be engaged to a U.S citizen whose income is at least 100% of the federal poverty line. If not, you must submit Form I-864 with your application. Note: Fiancés of green card holders are ineligible to apply for a K1 visa.
- Must prove an intent to marry within 90 days. This can be proven with evidence of plans to get married in the U.S., such as wedding invitations or venue reservations.
- Must prove that your engagement is legitimate (or bona fide). Evidence can include emails, text messages, pictures, etc.
- Must not be married to anyone else. If you were previously married, you will need to provide the name of your previous spouse, the date the marriage ended, and proof, such as a divorce decree.
- Must have met your fiancé at least once in the past two years. There are two exceptions to the two-year requirement: if you can prove that (1) meeting was not possible for religious or cultural reasons, or (2) meeting would result in extreme hardship to you.
How Much are the Government Filing Fees?
The government filing fees for the K1 visa include:
- $535 for filing the I-129F Petition to Establish Relationship and Intent to Marry;
- $265 for consular processing at the U.S Consulate in your fiancé’s country; and
- $1225 for filing Form I-485 Application to Register Permanent Residence or Adjust Status After Marriage.
This brings the total to $2025. The USCIS publishes its fee schedule online for these and its other fees as well.
Can I Work or Travel Under a K1 Visa?
Under a K1 visa you cannot legally work upon entry, and it may take six months or more to receive employment authorization. You also won’t be able to get a driver’s license.
If you wish to travel internationally after entry to the U.S., under a K1 visa, are you only allowed single-entry to the U.S. Once you begin the adjustment of status process, you cannot leave the U.S without abandoning the application. You can apply for “advanced parole” to receive permission to leave, but this can take up to 6 months and is only granted in extreme circumstances.
You May Want to Consider a K1 Fiancé Visa if:
- You want to be with your fiancé in the United States as soon as possible. If there are no consular delays, you could be with your fiancé up to 3 months sooner than with a spouse visa (10 months after filing). But depending on your U.S. consulate office and whether there are delays due to the pandemic or otherwise, there may be little to no difference in the timing, which could mean a timeline of 13-17 months.
- You want to hold your wedding in the United States. Perhaps this makes more sense for you given where you and your fiancé’s family and friends are, or it may be difficult for your U.S citizen fiancé to travel to your country for the wedding.
- You are less concerned about cost, and more concerned about timing. The fiancé visa costs about $1000 more than the spouse visa, but the time spent apart from your fiancé may be shorter depending on consular delays.
- You are able to wait six months or more to work legally.
- You do not anticipate any reason to travel internationally throughout the process. K1 fiancé visa holders are not eligible to leave the U.S. until your status has been adjusted to a green-card holder.
Stay Tuned for More
Our next article will provide the pros and cons between the marriage visa and the K1 visa to help you make a more informed decision as to which route is best for you.
Atty. Sophia Akbar handles immigration matters and civil rights matters at Amal Law Group. Click here to learn more about Atty. Akbar. You can contact Atty. Akbar directly at 312-772-4064.
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.
