A Comprehensive Guide to the Costs of Bringing Your Foreign Fiancé(e) to the U.S.

The K-1 visa, often referred to as the fiancé(e) visa, enables a U.S. citizen to bring their foreign citizen fiancé to the United States with the intention of marrying within 90 days of their arrival.

This guide provides a comprehensive overview of the costs involved in obtaining a K-1 visa, including government fees, legal expenses, and other potential costs you may encounter throughout the process.

Overview of K-1 Visa Costs

You love your fiancee, and you want him/her to be with you here in the U.S. as soon as possible. But first, it’s important to ask: How much does a K-1 visa cost for a foreign citizen fiancé? This is the million dollar question for many couples planning to bring their foreign born fiancé to the US.

The total cost of obtaining a K-1 visa can vary significantly depending on several factors, including whether you hire an immigration lawyers, how many documents need to be translated, and other situational expenses. Below is a detailed breakdown of the essential fees and other costs often associated with the K-1 visa process.

1. Government Fees

Filing Fee for Form I-129F (Petition for Alien Fiancé(e))

  • Cost: $675
  • Purpose: This fee is paid to U.S. Citizenship and Immigration Services (USCIS) when filing the initial petition to establish the relationship between the U.S. citizen sponsor and the foreign fiancé(e).

Fee for Form DS-160 (Online Nonimmigrant Visa Application)

  • Cost: $265
  • Purpose: After USCIS approves the Form I-129F, the foreign citizen fiancé must submit Form DS-160 online as part of the visa application process. This fee is paid directly to the U.S. Embassy or Consulate where the visa interview will be conducted.

Adjustment of Status Fee (Form I-485)

  • Cost: $1,440 to $2,590
  • Purpose: After marriage, the K-1 visa holder must apply for permanent resident status (green card) through Form I-485. This green card application fee includes the cost of the fingerprinting and photographing required for background checks and, if desired, applications I-765 work authorization ($520) and I-131 advance parole ($630).

Medical Examination Fee

  • Cost: $300 to $500
  • Purpose: A medical examination by an authorized panel physician is required as part of the visa application process. The cost varies depending on the location and the physician’s rates.

2. Legal and Professional Fees

Immigration Attorney Fees

  • Cost: $4,000 to $7,000 usually charged in stages, and varies by case complexity and attorney.
  • Purpose: While not mandatory, many applicants choose to hire an immigration attorney for legal representation to navigate the complex K-1 visa process, reduce the risk of errors, and ensure timely submission of all required documents.

Certified Translation Services

  • Cost: $20 to $40 per page
  • Purpose: Any documents not in English must be translated and certified. This includes birth certificates, divorce decrees, and other legal documents.

3. Other Associated Costs

Vaccination Fees

  • Cost: Varies
  • Purpose: The foreign fiancé(e) may need to update vaccinations to meet U.S. immigration medical exam requirements. Costs vary depending on the required vaccinations and the provider.

Document Retrieval and Certification Fees

  • Cost: Varies
  • Purpose: Applicants may need to obtain certified copies of documents such as birth certificates, death certificates of previous spouses, or divorce decrees, which may involve additional costs.

Travel Expenses for Visa Interview

  • Cost: Varies
  • Purpose: The foreign citizen fiancé will need to travel to the nearest U.S. Embassy or Consulate for the visa interview, which may involve significant travel costs, especially if they live far from the embassy.

Photograph Fees

  • Cost: $10 to $20
  • Purpose: Applicants are required to submit two recent 2-inch-by-2-inch passport-style photographs with their visa application.

Shipping and Mailing Costs

  • Cost: Varies
  • Purpose: Sending documents to USCIS, the National Visa Center, or the U.S. Embassy may involve shipping fees, particularly if expedited services are required.

4. Potential Additional Costs

K-2 Visa for Dependent Children

  • Cost: Additional medical exam fees and embassy fees
  • Purpose: If the foreign fiancé(e) has unmarried dependent children under 21, they will need K-2 visas to enter the U.S. There is no additional USCIS fee for a K-2 visa but there will be an extra embassy fee and medical exam cost for each child. There will also be additional cost for submitting separate I-485 applications for the children.

Waiver Process for Ineligibilities

  • Cost: Varies
  • Purpose: If the foreign fiancé(e) has any past issues (such as immigration violations or criminal history) that render them ineligible for the K-1 visa, they may need to apply for a waiver, which can add significant costs and delays.

K-1 Visa Costs Changed

K-1 Visa and Green Card Costs Increased on April 1, 2024

On April 1, 2024, USCIS increased the cost of the filing fees for almost all visa categories, including K-1 visas.

  • Form I-129F (Petition for Alien Fiancé(e)) increased from $535 to $675, a 26% increase.
  • Form I-485 (Adjustment of Status, with biometrics) increased from $1140 to $1440, a 26% increase.
  • Form I-765 (Temporary Work Authorization) and I-131 (Advance Parole/Travel Document) are no longer “free” and automatically included in the price of the I-485. USCIS now charges separately for each form: I-765 ($520) and I-131 ($630). Both are optional and not required to be submitted with the I-485.

Income Requirements for Fiancé Visa

The U.S. citizen sponsor must show the ability to support their minor children, foreign citizen fiancé, and themselves while in the U.S. This includes meeting the financial requirements necessary for the visa.

Proving financial support is crucial to meet the income requirements for the K-1 visa. Income must be above the federal poverty line, based on the sponsor’s total income from all sources for the current year and based on family size.

Meeting these requirements is critical as failure to do so can result in visa denial.

Before You Begin: Do Your Homework

To minimize problems and maximize your return on investment, it is highly recommended to at least consult with an experienced immigration lawyer to help you think through the process, the costs, the timeline and to identify any potential red flags or problems that might pop up during the process.

Consulting with an immigration lawyer can also help you navigate the complexities of immigration services, including the official procedures involved in obtaining U.S. visas through U.S. Citizenship and Immigration Services (USCIS).

You don’t have to hire the immigration lawyer to represent you throughout the process but the cost of a consultation with an an immigration law expert, especially one who has been doing this type of work for decades, is worth it. It may save you a lot of money and headache in the long run.

How to Reduce Costs?

  1. Online Filing Discount: USCIS offers a $50 discount for online filing.
  2. Plan Ahead for Medical Exam and Vaccination Costs: Know the typical costs for medical exams and vaccinations so you can budget and not get surprised. Review the list of available doctors, call around and find the best price.
  3. Use Certified Translation Services Wisely: Compare prices and make sure the service is certified.
  4. Budget for Travel and Shipping Costs: Include travel and shipping costs in your overall budget. By planning for these expenses early you can manage your finances better throughout the process.

K-1 Visa vs Marriage-Based Immigrant Visa: A Detailed Comparison

When deciding between a K-1 fiancé visa and a marriage-based immigrant visa, couples should consider several factors, especially if low-income:

Income Requirements:

  • K-1 Visa: The U.S. petitioner must show income or assets above 100% of the federal poverty guidelines during the visa application process. However, once married, the foreign-born fiancé must apply for a green card (Adjustment of Status), at which point the petitioner must meet the higher 125% threshold.
  • Marriage-Based Visa/Green Card: The U.S. petitioner must show income or assets above 125% of the federal poverty guidelines.

Joint Sponsorship:

  • K-1 Visa: Joint sponsorship (using Form I-134) is not legally binding and is less likely to be accepted by U.S. consulates, making it risky for low-income petitioners.
  • Marriage-Based Visa: Joint sponsorship (using Form I-864) is a legally binding commitment and is more likely to be accepted, providing more security for low-income couples.

Cost Comparison:

  • K-1 Visa to Adjustment of Status/Green Card (I-129F, Embassy, I-485): Total government fees start at $2,380 and will increase to $3530 if filing for the optional work permit and optional advance parole after marriage. The downside is that the fiancé(e) does not enter the U.S. with a green card, does not have work authorization upon arrival in the U.S., and will not be able to travel outside the U.S. for an indeterminate amount of time, while the adjustment of status application, unless the advance parole document is approved (which typically takes 6 to 12 months).
  • Marriage-Based Visa/Green Card (I-130/NVC/Embassy): Total government fees are SIGNIFICANTLY lower: $1,355. The downside is that it typically will take a lot longer for bring the spouse to the U.S. when compared to fiancé(e). K-1 visas take about 12 months, door to door, while marriage-based visas typically take 18 to 24 months, door to door.
  • Marriage Based Green Card for Spouse Already in U.S. (I-130/I-485): The total government fees is minimally $2115 and increases to $3,265 if filing for optional work authorization and advance parole applications, the total government fee for the adjustment of status package, not including medical, is $3,265.

Medical Exam Considerations:

  • K-1 Visa: Requires an initial medical exam in the foreign country. Typically, there is no need for another medical exam in the U.S. during the Adjustment of Status process. However, a supplemental exam may sometimes be necessary if the initial medical exam does not meet U.S. requirements, such as COVID-19 vaccination status, which is a requirement for the I-485, but not for the K-1.
  • Marriage-Based Visa/Adjustment of Status: Only one medical exam is typically required.

Timing and Wedding Preferences:

  • K-1 Visa: Couples may prefer the K-1 visa to marry in the U.S., in the presence of U.S. family and friends. Many couples opt for a quick civil ceremony at the courthouse, upon the fiancé(e)’s arrival and later plan a more elaborate celebration, so that the adjustment of status application (and possibly work and travel permits) can be filed as soon as possible.
  • Marriage-Based Visa: This option allows for marriage in the foreign partner’s home country, followed by a larger celebration in the U.S. after the immigration process is complete

Low-Income Couples

For low-income couples the marriage based visa may be a more financially feasible and secure route to immigration:

Lower Upfront Costs: The marriage based, visa category has lower government fees and no need for a second medical exam.

Easier Income Proof: Meeting the 125% poverty guideline once with the option to use a joint sponsor can make the process easier.

Flexibility in Wedding Plans: Couples can get married in the foreign born spouse’s country with a small ceremony and then have a bigger celebration in the U.S. after immigration.

As mentioned above the downside is the processing time: 18-24 months.

K-1/Marriage Visa Alternatives

Welcome Your Foreign Fiancé(e) or Spouse to the U.S. on a Dual Intent Work Visa: A Fast Track to Reunification

For U.S. citizens and permanent residents, the K-1 fiancé(e) visa or CR-1/IR-1 marriage visa process can be lengthy and costly, often taking years. However, an alternative exists: bringing your partner to the U.S. on a dual intent visa like the H-1B or L-1. This route can be faster and less expensive, but it’s crucial to meet specific requirements.

The employer will not pay for the marriage green card but if they agree to hire you in the U.S. on H1B or L1 they will pay all the government and legal fees.

This is the fastest and lowest cost option to reunite the couple in the U.S.!

What Are Dual Intent Visas?

Dual intent visas allow foreign nationals to work temporarily in the U.S. while also becoming legal permanent resident and having the option to apply for a green card. Unlike tourist visas, these visas do not require proof of intent to leave the U.S. The H-1B visa (for skilled workers) and L-1 visa (for intracompany transferees) are two key examples

Eligibility Criteria for H-1B and L-1 Visas

Benefits of the Work Visa Route

H-1B Visa:

  • Job Offer: Must have a job offer in a specialty occupation from a U.S. employer.
  • Educational Requirements: Must hold at least a bachelor’s degree or equivalent in a related field.
  • Wage Requirements: The employer must offer the prevailing market wage for the position.
  • Visa Cap: Subject to an annual cap of 85,000 visas, allocated through a lottery system. The employer must first enter into the H1B lottery on behalf of the beneficiary. The lottery occurs in March every year and if chosen the earliest start date for work would be October 1st (can arrive in the U.S. 30 days prior).
  • Cap-Exempt Employers: Certain employers, like universities, non-profit organizations affiliated with institutions of higher education, non-profit or government research organizations, can hire H1B workers at any time without being constrained by the cap.

For more on which employers qualify as cap-exempt, see:

Job-Hunting Tools for H-1B Employers:

L-1 Visa:

  • Employment: Must have worked for the company abroad for at least one continuous year within the past three years.
  • Position: The role must be as an executive, manager, or in a position requiring specialized knowledge.
  • Company Relationship: The U.S. employer must have a qualifying relationship (parent, subsidiary, affiliate) with the foreign company.

Benefits of a Dual Intent Visa

  • Immediate Work Authorization: Your fiancé(e) or spouse can start working upon arrival.
  • Travel Flexibility: They can travel internationally without waiting for advance parole. Please see an immigration lawyer to discuss the details of travel while the I-485 is pending.
  • Speed: The H-1B visa process takes 3-6 months and premium processing is available for an additional fee which can get it done in as little as 15 days. The L-1 process is also very fast if the employer has an approved blanket petition which makes the process even simpler.

Transition to a Marriage-Based Green Card

Once your fiancé(e) or spouse is in the U.S. on an H-1B or L-1 visa, you can pursue a marriage-based green card. This involves filing Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status.

After the I-485 is approved, your spouse gains lawful permanent resident status, allowing them to live and work indefinitely in the U.S.

To file the I-130, the petitioner must be a U.S. citizen or a U.S. permanent resident. If the petitioner is a U.S. citizen, the I-485 can be filed concurrently. If the petitioner is a permanent resident, the beneficiary can file the I-485 when the visa priority date is current.

One major advantage is that your spouse can stay in the U.S. during the green card process, avoiding the long separation often associated with traditional visa applications.

Considerations and Challenges

While the dual intent visa route is faster, not all foreign fiancé(e)s or spouses will qualify for an H-1B or L-1 visa, as these have specific requirements.

The H-1B visa has an annual cap, so not all applicants are selected in the lottery. The L-1 visa, while not capped, requires a qualifying relationship between the U.S. and foreign offices of the sponsoring company and specific employment criteria.

Consulting with an immigration lawyer is essential to determine eligibility for immigration benefits and navigate the process effectively.

Questions for K-1 Fiancé Visa Process

How much does K-1 visa cost?

The primary government fees include a $675 filing fee for Form I-129F, a $265 fee initial filing amount for Form DS-160, and $1,440 to $2,590 for adjusting status to permanent resident status after marriage.

What happens during the K-1 visa interview?

The K-1 visa interview is conducted by a consular officer at a U.S. Embassy or Consulate. The visa applicant must bring all required documents, including their birth certificate, police certificates, evidence of financial support, and proof of the bona fide relationship with the U.S. citizen sponsor k visa interview. The consular officer will ask questions to verify the authenticity of the relationship and ensure the applicant meets all visa requirements.

What are the implications of submitting fraudulent documents during the K-1 visa process?

Submitting fraudulent documents during the K-1 visa process can have severe consequences, including the denial of the visa, a permanent ban on entering the U.S., and potential legal action by government agencies. It’s essential for visa applicants to provide accurate and truthful information and consult with immigration attorneys if there are any concerns about document authenticity.

Can a foreign national fiancé(e) apply for a work visa instead of a K-1 visa?

Yes, in some cases, a foreign- citizen spouse or fiancé(e) may be eligible to come to the U.S. on a dual intent work visa, such as the H-1B or L-1 visa. These visas allow the individual to work in the U.S. while also pursuing permanent residence. This option can be faster than the traditional K-1 visa process but requires the foreign national to have a job offer from a U.S. employer and meet specific eligibility criteria.

What should K visa applicants know about the waiver process?

If a K visa applicant is found ineligible for the visa due to past immigration violations, criminal history, or health-related issues, they may need to apply for a waiver. This process can add significant costs and delays to the visa application. It’s essential to consult with an immigration attorney to understand the waiver requirements and improve the chances of approval.

What travel expenses should we consider during the K-1 visa process?

Travel expenses during visa processing can include plane tickets for the foreign fiancé(e) to attend interview at the U.S. Embassy or Consulate. Additional travel costs might be incurred if the foreign fiancé(e) needs to travel within their country for document retrieval or medical examinations. After obtaining the K-1 visa, plane tickets will also be required for the foreign fiancé(e) to travel to the U.S.

How do previous marriages affect the K-1 visa process?

If either the U.S. citizen fiancé or the foreign fiancé(e) has had previous marriages, they must provide legal proof that they are legally free to marry. This typically includes submitting divorce decrees or death certificates of previous spouses during the visa application process. Failure to provide these documents can result in delays or denial of the visa application.

What should we do if we face extreme hardship during the K-1 visa process?

If either the U.S. citizen fiancé or the foreign fiancé(e) faces extreme hardship that could affect their ability to meet the visa requirements, they may need to consult with an immigration attorney. The attorney can advise on possible waivers or legal strategies to address the hardship and continue the visa process.

Take Control of the K-1 Visa Process: Plan Ahead and Avoid Costly Surprises

K-1 visa process, and its alternatives, involves several steps and costs. By understanding these expenses upfront, you can better plan your budget and avoid unexpected challenges along the way.

Don’t go through this complex journey alone. Herman Legal Group is here to provide expert guidance and comprehensive services, ensuring you successfully bring your fiancé to the United States. Contact us today to take the first step towards securing your future together.

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