Spouses of U.S. citizens who obtained a K-3 visa can enter the United States in a nonimmigrant visa category, and at the same time, they wait to be able to apply for lawful permanent residence status. This is why it is usually used as one of the strategies to quicken the process of obtaining the CR-1.
To apply for this type of visa, K-3 visa, as for any other categories, there are certain requirements that you have to meet. Firstly, you have to be legally married to a U.S. citizen. This means that you can provide a marriage certificate as proof.
Then, you have to possess a family-based I-130 immigration petition filed by your spouse, who is a U.S. citizen. So, the petitioner does not submit this form by the beneficiary on the petitioner’s behalf. A third requirement is a fact that you seek to enter the United States to await your green card petition’s approval and subsequent lawful permanent resident status.
In 2019, the USCIS only issued a total of five K-3 visas, illustrating how rare it is for couples to choose this option. Still, it has certain benefits why so many people choose it.
Compared to marriage-based immigration visas, the K3 visas generally have shorter waiting periods. On average, it takes about 6 to 9 months, which is similar to the period that it takes USCIS to approve the marriage green card application.
If you are issued with the K-3 visa, you can apply for a work permit. You can do this by submitting Form I-765 and engage in employment when the EAD has been issued. As a K-3 visa holder, you may accept employment in the United States by obtaining an Employment Authorization Document. This step is crucial as you may not begin any employment in the United States until the EAD is issued.
If you have children who are under 21 years old, they can also accompany you to the United States. Your children will not use the K-3 visa, but they will be on the K-4 dependent visa and named in your visa petition. They may also be eligible to get employed during their stay in the U.S.
So, how can you apply?
As we mentioned earlier, your spouse, who is a U.S. citizen, has to file an I-130 form on your behalf. Afterward, he or she will receive Form I-797, Notice of Action.
This form indicates the USCIS has received the Form I-130 and that your spouse should file a Form I-129F on your behalf. It is important here not to forget to attach a copy of this Form I-797 with this package.
Upon approval, USCIS will forward the Form I-129F to the National Visa Center (NVC). The next step in processing forwarding application to the appropriate American Consulate so that you can apply for the K3 visa
While you wait for the approval of Form I-130, you can remain in the United States. Moreover, you will be able to apply for lawful permanent residence status (adjustment of status) instead of having to wait outside the United States as the law previously required. Are you looking for the best paying casino websites? Check out https://fancasinos.org/best-payout-online-casino/ and find the highest payout casinos. These websites give a big RTP, and they accept people from all countries, so being an immigrant won’t be a problem.
ACR1 visa or IR1 spousal visa allows a foreign spouse married to a U.S. citizen or permanent resident to live and work in the United States.
CR1 spousal visa is issued only to those married couples, same or different sex, whose marriage lasts less than two years, and that is why it is called the “conditional resident.” On the contrary, the IR1 visa is issued for couples who are married longer than two years. The purpose of the CR1 petition is to grant the foreign spouse a conditional permanent residence in the United States.
The U.S. citizen can initiate a visa by submitting the Form I-130, Petition for Alien Relative. The U.S. citizen as a petitioner has to have U.S. citizenship or to be a permanent resident. He also has to be lawfully married to a foreign spouse, and his income has to meet the proposed visa criteria. The alien spouse has to be 18 years old.
The petition should get mailed to the specified address with U.S. Citizenship and Immigration Services. After the approval, USCIS will transfer the petition to the National Visa Center (NCV), where the case number gets assigned.
At the same time, it is necessary to fill the online Form DS-261, Choice of Address and agent, and to pay around 1200$ for the petition fees plus additional medical exam fees of 200$ if the examination is needed. Along with the forms I-130 and Form DS-260, Immigrant Visa and Alien Registration Application, it is necessary to submit additional documents.
Documents can refer to U.S. citizenship evidence such as a birth certificate or a U.S. passport, and proof of bona fide marriage, like marriage certificate, joint bank account statements, etc. Other documents such as proof of medical exam, passport-style photos, and a Form I-864 as Affidavit of support are needed. Optional document Form G-1145 can also be filed to transfer communication with USCIS about petition acceptance from physical mail to mobile phone or email.
If the petition is complete, NVC will appoint the interview and forward the petition with all the supportive documents from the case to the U.S. Embassy or Consulate, where the interview will be held.
The Appointment letter will get mailed about one month earlier, leaving the time for the foreign spouse to collect all the necessary documents and get prepared for it. Instructions for obtaining a medical examination will be addressed in the letter too.
The petitioner will also get the Appointment letter, but it does not have to attend the interview. During the interview, the spouse will be questioned by the consular officer about the relationship and marriage with the petitioner, with the purpose of determining that the marriage is not fraudulent.
The USCIS can send the Request for evidence, in which case additional documents will have to be submitted. Processing time can vary from case to case, but the estimated time for granting the visa can be from 7 to 10 months.
It is possible that even though the marriage is real, the visa petition gets denied, meaning that profound preparation and fulfilled eligibility requirements are a must.
You want the K-1 nonimmigrant visa for your fiance, but have no idea what the requirements are.
The Herman Legal Group will make it easier for you! We have over 25 years of experience with immigration law. Let’s take you step-by-step through the K-1 nonimmigrant visa below:
What is the K-1 Fiance Visa?
The K1 nonimmigrant visa allows a foreign fiancé to do the following:
- Enter the United States, and;
- Get married within the next 90 days with their partner, the U.S citizen and sponsor.
If the couple plans to live in the United States after getting married, the foreign spouse should apply for adjustment of status to get a permanent residence.
If you or your spouse wants to be a permanent resident, a marriage green card is the option you want to take. You can read more about the marriage green card here.
Required Documents for a K-1 Visa (US Sponsor)
There are two sets of required documents you want to prepare: one for the US sponsor, and one for the foreign fiancé.
#1 Birth Certificate
Your birth certificate must be issued by a civil authority, such as civil registrar or vital statistics office. It will show your identification, age, and birth place.
#2 US Passport
The passport must not be expired. It must be issued for a ten-year period for those over 18, and over a five-year period for those under 18.
#3 Consular Officer Statement
This original statement from the consular officer will verify that you are a US citizen.
#4 Certificate of Naturalization or Citizenship
Your certificate must be issued by the USCIS. In the case that you were born abroad, you will need a U.S. Department of State Form FS -240 (“Report of Birth Abroad of a United States Citizen”).
Required Documents for a K-1 Visa (Foreign Fiancé or Partner)
#1 Birth Certificate
Again, the birth certificate must be issued by a government agency.
#2 Passport
The foreign passport must not be expired and must be issued within a period of ten years for immigration services.
#3 Police Certificates
If this is requested by the embassy, feel free to include it in your visa petition.
#4 Military Certificates, If Applicable
Military service must have certificates as well.
#5 Medical Examination Documents
Prove that you are of good health and fit to travel with a medical exam.
#6 Passport-Style Photos
Bring two (2) colored passport-style photos to your initial fiancé visa petition.
Remember original documents are not required for immigrant visa applicants. Make sure to bring multiple photocopied versions of your documents.
You may bring the original documents, but do not submit them.
Required Documents for The Couple
If there are individual requirements for the citizen sponsor and the alien fiancé, there are requirements needed from both:
#1 Evidence of Terminated Previous Marriages
For a couple to be legally free to marry, previous marriages must be legally terminated. You can submit any of the following to prove termination:
- Copy of a divorce certificate,
- Copy of annulment order, or;
- Copy of death certificates in the case of a deceased spouse
#2 Evidence of Relationship
Photos, receipts, letters, and any other records of communication proving that the citizen sponsor and the alien fiancé are in a relationship.
#3 Form I-34 for the Income Requirements
There are income requirements to financially support a foreign partner.
First, you must exceed 100 percent of the Federal Poverty Guidelines. The U.S citizen must be able to prove that they have the ability for the visa applicant’s financial support.
Salaries, interest income, and benefits all count as earnings for a U.S citizen. There are distinctions, however, whether they can be counted as stable earnings or not.
#4 Required Fees
A $535 I-129F filing fee is needed. There may also be an embassy fee that both of you must pay. You have to pay $325 to the U.S. State Department, and once married, it’s $1,225 for I-485 Form.
Once you fill out blank immigration forms, you can apply for future adjustment of status. It may be around $2500.
We advise getting guidance about immigration services with an immigration attorney, especially here at Herman Legal Group. We can assure that our counsel would be worth it.
Legal Requirements for a K-1 Visa
There are three fundamental legal requirements that are crucial to have the eligibility to apply for a fiancé visa:
1. Intention of Marriage
It’s best if you and your spouse have made concrete and detailed wedding plans, including how the wedding is going to look and where it is going to happen.
Planning the wedding is used as proof of their bona fide intentions and a need to apply for the fiancé visa.
It can be hard to make plans when the intended spouses do not know when the fiancé visa is going to be approved, so it is better to arrange flexible wedding plans with different services.
In contrast to the CR1 spousal visa, a fiancé visa does not allow the petitioner to be a green card holder, but only a U.S. citizen.
U.S. citizenship can come from the fact that a spouse citizen was born in the United States or its territories, acquired it in a process called naturalization, or has acquired or derived it based on a family member.
2. Meeting in Person
Before petitioning for the fiancé visa, the couple should make sure to meet at least one time within two previous years.
During these visits, prepare for the K-1 fiancé visa and visa application by doing the following:
- Take photos with your fiancé. Include their family, friends, and other loved ones. Make sure the photos come with date and time stamps.
- Keep receipts of dates and vacation stays. This will show that you and your U.S citizen fiancé have spent time together.
- Keep communication records. Letters, text messages, and phone calls will come in handy by the time you’re at your K-Visa interview.
- Ask for written statements. K-Visa applicants will need all the evidence they can get. If you can get statements from the family and friends of the fiancé about your relationship, you have more of a chance to get approved.
There are some obstacles lately. Tradition and customs can get in the way, or medical conditions that make travel an extreme hardship.
Also, due to the COVID-19 pandemic, a lot of state borders are closed, and therefore, it is not safe or possible to travel from one state to another.
Provide documents that prove these difficulties. Have a medical exam if medical issues are stopping you from meeting your foreign citizen fiancé.
3. Legal Ability to Get Married
This requirement is put before the intended spouses who have already been married, do not meet the age criteria, or are blood relatives.
The spouse citizen or the foreign spouse who was already married once has to provide evidence that the previous marriage has legally ended by submitting any of the following:
- Copy of a divorce certificate
- Copy of annulment order
- Copy of a death certificate in the case of a deceased spouse
According to U.S. law, if the marriage ended outside of the United States, it is possible to recognize the proving document if:
1.) That document is recognized in a foreign country, and;
2.) If the foreign spouse or his ex-partner had residence the divorce happened.
Age requirements, meanwhile, vary from the state to any government agency. However, most states require that you have to be 18 years of age before you can legally marry.
Rules about getting married to a blood relative are not the same in different states within the United States, and some of them are stricter than the others.
In the process of petitioning for a fiancé visa and bringing the foreign spouse to the United States, both partners can be subjected to different background checks.
Only when all the requirements get fulfilled will the U.S. citizen successfully apply the Form I-129F with USCIS.
Frequently Asked Questions: The K-1 Visa
Is the K-1 Visa Permanent?
The K1 visa is just temporary. By all means, it is not obligatory to stay within the United States permanently after getting married, so if there is no intention to stay, the foreign fiancé can enter the United States based on a tourist visa instead.
How Does The K-1 Visa Differ From the Marriage Visa and Green Card?
The K-1 visa is temporary and is a nonimmigrant visa.
The marriage or spousal visa, however, is for those who want to be lawful permanent residents alongside their U.S citizen spouses.
However, the CR-1 visa stands for “conditional resident” as they are for couples married for less than two years.
One married for more than two years, you can apply for another visa and start on the consular processing to become a green card holder.
With a K-1 nonimmigrant visa, the visa applicant can enter the United States with the citizen fiancé and remain there for 90 days.
After marriage, you can then apply to become a permanent resident.
Are There Income Requirements for the K-1 Visa?
Yes, there are income requirements for the visa application.
You need the recent year’s tax return to prove you can financially support your partner. If you can’t meet the income requirements, some countries allow joint sponsorship to meet minimum earnings.
Your fiancé (e) can work after they arrive in the U.S, but you have to get them an Employment Authorization Document first.
How To Apply for a K-1 Visa
#1 File the Form (I-129F)
File the form with the U.S. Citizenship and Immigration Services. Follow the written instructions.
Include the required documents we listed above, as well as the evidence of the relationship.
For K-visas, you have to pay a filing fee. Just be ready to pay the fees. You will also need the Form I-94 from the Department of Homeland Security for departure-arrival.
#2 Notice of Action for the K-1 Fiancé Visa
After you file everything needed to the consular officers, the notice of action will come.
Wait for a few months – around three to four – and you’ll get an approval notice that can allow both the U.S citizen sponsor and foreign partner to move forward.
#3 Background and Security Check
The National Visa Center will receive your application to become a U.S citizen fiancé. Then, a background check will be done on your fiancé (e).
After some screening, a security check for the K-1 fiancé visa will be done within two weeks.
#4 Interview and Visa Approval
Then, an invitation to an interview and medical exam will be done. Your fiancé(e) will need to attend the interview with the needed documents we have listed above.
After you’ve finished the medical exam and interview, you can wait for the approval. A K-1 visa stamp will be given. Then, you have the opportunity to get married within ninety days.
Once the visa expires, the U.S citizen fiancé can apply to become for legal, lawful permanent resident status.
You’ll have to adjust your status and then apply to the Citizenship and Immigration Services for a green card.
There are other ways you and your fiancé (e) can get into the U.S, such as a tourist visa. However, once the tourist visa expires, you’ll have to apply for a marriage visa still.
How The Herman Legal Group Can Help
Do you want to register permanent residence as the foreign fiance? Maybe you’re the U.S citizen spouse that acts as the citizen sponsor.
You may be worried about your prior marriages, or the possibility of visa fraud.
You might want to know about immigration benefits, how to go about meeting with a consular officer, or what the visa waiver program is.
As a law firm, let us bring you peace of mind and the right guidance to getting your application, visa interview, and visa approval.
Be a legal permanent resident with us! We’re available for clients nationwide and around the world.
Book a consultation with us today. Contact us here and start on your journey to United States citizenship – either for you or your partner.
In Conclusion
We hope we made the visa application process easier for you! Get started on your online nonimmigrant visa application today.
During the application process of getting a CR1 visa, one of the most stressful periods is the waiting time to determine if the spouse visa is approved since it affects the future of both U.S. citizens and a foreign spouse. The chance for success increases if the spouses have submitted the correct documents.
However, sometimes immigration or consular officers can decide that there is a lack of information or evidence, or some other ineligibility of the applicant, which will, unfortunately, lead to a visa denial.
Main Reasons For Getting Visa Denied are:
- Lack of required documents
- Submitting documents that are not translated into English
- Lack of evidence or fraudulent evidence
- Forms that are not signed
- Legal obstacles such as the divorce process of the previous marriage
- U.S. citizen income does not meet the criteria
- Big age differences, cultural differences, inability to communicate in English, etc.
It is possible to receive a NOIR (Notice of intent to revoke) or NOID (notice of intent to deny) from USCIS, which implies that there is a possibility of visa denial and that it is necessary to provide additional information or documents.
The applicant will have 30-60 days to add missing documents and submit evidence, although it is recommended to respond as soon as possible, in order to accelerate the case proceedings. However, sometimes this will not be enough to avoid a CR1 visa to be denied.
What Can be Done if the Application is Denied?
The denial can be declared right after finishing the interview, as a consequence of failing to provide the required documents. The applicant can also be informed by getting the notice of denial, which will contain the reason for denial.
There are two options to go forward. They are formed based on the reason for visa denial in the specific case, so knowing the reason will help the applicant decide what to do next. After evaluating the problem, it is possible to:
1. Appeal the denial decision through Form EOIR-29 within 30 days of getting the decision. The appeal fee is 110$. When the appeal gets filed, it will be reviewed again by the same officer that has brought the denial decision, and then by a different immigration authority. This process can last long, and more, these outcomes can often be unsatisfactory.
2. Reapply for the I-130 visa, or file the visa request based on another alien category class. It is necessary to take action and respond within the same 30 days deadline. This procedure seems easier than the first one, and spouses usually opt for it.
If the applicant fails to respond within the deadline, it will lead to the case closure. The cancellation consequences are long-lasting since that will represent a warning sign for the immigration officer whenever this foreign spouse submits a new petition.
When the petition gets filed, the recommendation is to invest equal attention in preparing the I-130 form and all additional documents and evidence of bona fide marriage. The petitioner should make sure that all the requirements are met.
If you’re loved one is a U.S. citizen or a lawful permanent resident, and you aim to get to the United States as quickly as possible to get married, then you should consider the fiancé(e) visa.
It is likely the fastest option to realize such an idea. If your goal is to get a green card as soon as possible, then a marriage-based visa will be a better option because the green card is quicker.
Under the Trump administration, processing times for K-1 visas have slowed significantly. For instance, in mid-2020, the average processing time just to finish the first step, to get the approval of USCIS approval of the Form I-129F Petition for Alien Fiancé(e), was between three and 22 months.
This time laps mostly depends on which Service Center is handling the petition.
So, why this process takes this long?
When you send in your initial petition, you will first receive a notice of action (NOA). With this document, the USCIS notifies you that it has started the approval process.
Upon receiving such information, you will have to wait for a few months before consular processing begins. Within this step, you have to be cautious and always double-check your application.
Make sure that you have included all the required documentation before this stage because otherwise, this can delay the approval process for several additional months.
Sometimes, even you have done everything that you can to prepare your application package, the USCIS approval process can take more than ten months, so you would probably like to avoid such a situation and to be guilty of the long wait.
After petition approval, it will take a few months for the case to transfer to the National Visa Center (NVC), and then several more months until the U.S. embassy schedules the interview. This process is relatively short, and it is called consular processing. You can expect that the wait will be a total of ten to 24 months.
During the visa interview, the officer will ask you questions about your relationship, including work and family history, as well as your plans for entering the U.S. Also, the officer will try to find out whether your marriage is fraudulent.
You have to be self-confident when answering questions about your relationship. It is essential to answer all of these questions truthfully. If all goes well, you will receive a K-1 visa stamp in your passport. This may happen on the day of your interview or shortly after that, it’s time to enter the United States.
On the USCIS official website, you can find an estimate of the usual processing time by choosing the type of application and the processing area.
For example: as of November 2020, a Form I-129F filed through the Vermont service center has an estimated processing time between 18.5 Months to 24 Months.
This delay is partially caused by COVID-19 PANDEMIC, so you can’t count on that processing time is going to be fixed.
When you arrive in the United States, you have to get married within 90 days. Then, you have to begin adjusting the status process, which can take up to 18 months or sometimes even longer. In mid- 2020, although you’re supposed to be issued a work permit while you wait, the waiting time for it has been taking between three and nine months.
So, even though you arrived in the United States relatively quickly with a fiancé(e) K-1 visa, you must still be aware that it can be a long wait for an actual green card. Furthermore, you will first receive a conditional green card. Before its expiration, which is two years, you will have to file to remove conditions to receive permanent lawful permanent resident status.
The U.S. citizen can choose between different options on how to petition for a visa for the foreign fiancé or spouse who lives outside of the United Nations. The decision depends on the individual needs and possibilities of the couple in a particular case. The right thing to do when there is a dilemma is to hire an immigration attorney, which will help in choosing the right strategy.
The most common options are the K-1 fiancé (nonimmigrant) visa and CR-1 marriage-based (immigrant) visa. Before answering the question can a couple make a choice, it is necessary to analyze both options.
K-1 visa
K-1 visa authorizes the foreign fiancé to enter the United States, intending to get married to a U.S. citizen who has sponsored the petition within 90 days from the entry date. This type of visa sets the following steps: citizen spouses can file the petition via Form I-129F with the U.S. Citizenship and Immigration Services (USCIS). After approving it, USCIS sent it further to the National Visa Center (NVC) for proceedings.
The foreign fiancé has to apply for the visa at the local U.S. Consulate, and he also applies for admission at the port of entry. When the foreign fiancé enters the U.S., the couple has to get married within 90 days. After the wedding, the process of adjusting the status starts by filing the Form I-485.
CR-1 visa
CR-1 visa is intended for spouses who are married for less than two years. It allows the foreign spouse of an American citizen or a lawful permanent resident to enter the United States and apply for the green card.
This process involves the following steps: The citizen spouse files the CR-1 petition by filing the I-130 form with USCIS. If the petition gets approved, it is forwarded to NVC, the fees are being paid, and the visa application at U.S. Embassy abroad has to be submitted. Eventually, the U.S. Embassy schedules the interview for the foreign spouse. When the visa gets approved, it lasts for six months.
In comparing steps between these two visas, the K-1 visa process is conceivably faster, with processing timelines from 5-10 months, from the date of petitioning to the date of admission, while the CR-1 visa usually takes from 10-16 months.
Therefore, if time is the most important factor, the couple will choose to file a fiancé visa. Process description also indicates that if the petitioner is just a legal permanent resident, only a CR-1 visa is open.
It is essential to consider what place the couple wants to have the wedding – so if the couple wants to get married abroad, a K-1 visa is not an option. However, if marriage for a U.S. citizen in that foreign country might need a month or two to process, and it is not possible for him to stay there that long or travel back and forth, it is necessary to do the K-1 visa.
A particular requirement stands for a K-1 visa. The couple has to meet face to face within two years before filing the petition or provide the evidence to submit a waiver. This requirement does not apply to CR-1 visas.
However, a marriage visa requests a valid marriage certificate. In a situation where the couple has met at least once in the past two years but is stranded now in different countries and not likely able to see each other (and marry) due to COVID restrictions, a K-1 visa should be filed immediately.
Based on a thorough visa analysis of all their advantages and disadvantages, the couple will have a clear vision of which visa will be most suitable for them. However, there are many cases and real-life situations when the couple cannot make a choice, given that eligibility exists for only one type of visa.
Introduction
If you want to marry a U.S. citizen, you may consider applying for either a fiancé(e) (K-1) visa or a marriage-based CR-1 visa. These visas may seem similar but have very different requirements. Moreover, those will allow you to do different things on differing timelines.
Intending to apply for one of those two visas, you will probably come across plenty of information that will make you even more confused on which one to choose to be in the United States with your beloved one as soon as possible.
Whether you apply for a fiancé(e) visa (K-1) or a marriage-based visa will depend on a set of circumstances related to you and your future spouse. What is useful to consider when choosing which option suits you better is how much it will cost to get this type of visa, how long you will have to wait, whether you have any children, and many other circumstances that you will take into account before making a decision and start the process.
Follow this article to learn everything about opportunities that a fiancé(e) (K-1) visa and a marriage-based visa offer.
What is a K-1 Visa?
The fiancé(e) (K-1) visa is a type of fiances visas and temporary nonimmigrant visa, which will allow you to come to the United States for only a limited time. If you wish to permanently stay in the United States, you’ll have to get married and submit more applications to adjust your status to an immigrant.
To be eligible to apply for this type of fiance visa, you will need to meet certain requirements: to be a U.S. citizen, legally eligible to marry, have physically met with your fiancé(e) within two years, and meet some income requirement that we will mention later in the text.
Follow this step-by-step guide to learn how to apply for a K-1 visa.
What is a Marriage-Based CR-1 Visa?
A CR-1 visa is an immigrant visa that aliens married to U.S. citizens or permanent residents obtain because they want to live in the United States along with their spouses. The “CR” stands for “conditional resident” because this visa is only provided to couples who are married for less than two years. If spouses have been married for longer than two years, the Department of State will issue the IR-1 visa. Learn how to apply for a CR-1 visa.
Now let’s make an overview and compare K-1 and CR-1 visas.
Eligibility Requirements
To qualify for a fiancé(e) K-1 visa, you must intend to marry a particular U.S. citizen. Whatsmore, you have to do it within 90 days of your arrival in the United States, and this date is not extendable. Of course, it implies that you must be legally eligible to marry and have an intention to establish a bona fide marriage. Also, this visa requires that intended spouses have met each other within the past two years.
What is important to note, a K-1 visa is available only if your spouse is already a U.S. citizen because a lawful permanent resident (“LPR”) or green card holder cannot file for this type of visa. Learn are legal requirements for a K-1 visa.
So, in a comparison of K-1 and CR-1, you and your spouse need to prove a bona fide relationship at USCIS and Embassy for both of them. However, if the Embassy does not believe it is a real relationship, they can either ask for more information or, more likely, send the case back to the USCIS.
This will effectively terminate the K-1 case because the I-129F approval duration is only four months from the original USCIS approval date.
In contrast, if the I-130 is denied and sent back to the USCIS, there is no termination date on it, and the petitioner will have an opportunity to respond to the embassy’s concerns.
What can be overwhelming is that it can pass a lot of time until you get the letter from USCIS. In some cases, it will likely take about one year for the notice of intent to be denied indicating that the embassy is not happy with the material you provided. Many people simply re-file the I-130 and include new evidence that is likely to counter the embassy objections.
So, to sum up: to qualify for a marriage-based visa, you must demonstrate that your marriage with a U.S. citizen or lawful permanent resident is legal, legitimate, and not established to receive an immigration benefit, as well as that both of you don’t have other marriage, but are married only to each other.
Compared to a fiancé(e) visa, a marriage visa is available to spouses of both U.S. citizens and lawful permanent residents, but with different processing times. Processing time for K-1 was between three and 22 months in mid-2020 while the processing time for CR-1 was at least 12 months and could be up to 18 months.
Certain criminal convictions or other factors can make you inadmissible and prevent you from entering the United States on either visa. These reasons can be membership in a terrorist organization or even certain diseases. Also, some people enter the United States on a tourist visa and then get married, although it is not recommended and can be justified only in specific cases.
There are two reasons why CR-1 takes longer than K-1. One reason is that there are two steps to undertake to get the K-1 (USCIS and Embassy), while there are three steps to the CR-1 (USCIS, National Visa Center, Embassy). The second reason is that the USCIS step can be significantly longer for the I-130 compared to the K-1. It depends on which USCIS service center adjudicates the I-130. They vary a lot.
But do not get frustrated by this information cause there are some tips that you can get from a legal immigration expert and quicken the CR-1 process.
One strategy to quicken the CR-1 process is to pursue a K-3 visa. A K-3 visa is similar to a fiancé(e) visa for married couples — it requires the same form as the K-1: the I-129F. In this case, you can file a petition for a K-3 visa after the I-130 petition is filed, and USCIS issues a receipt. This visa has certain benefits (Link to Article 11) and is intended to help reunite married couples if the I-130 takes too long to adjudicate stateside.
It can take a long time for the I-130 stateside, depending on which USCIS service center handles the case. USCIS can route the I-130 to any of the service centers, and process times vary widely. Some of the service centers take about 5 to 7 months, and others may take 12 months. If the I-130 ends up at one of the slow service centers, we would highly recommend you to file a K-3 petition immediately.
The K-3 petition may take 5 to 7 months stateside. It is then routed to the Embassy for consular processing. However, if the I-130 is approved at any time before the K-3 visa interview at the embassy, the K-3 will not be issued, and the CR1 visa case will proceed as normal. If the spouse enters on the K-3, he can file for adjustment of status once in the United States.
Costs
If costs are an essential consideration for you, you might find a marriage-based visa CR-1 more approachable than a fiancé(e) K-1 visa.
Filing fees for the fiancé(e) visa process in the late of 2020 were $535 for Form I-129F, filed with USCIS. When it comes to applying for the K visa, the fee is $265, which you have to pay to the consulate.
Besides, you need to provide $1,225 for Form I-485 and adjust the status packet filed with USCIS and medical exam fees, about $100 up to $300. If you add to this biometrics fee price, the total cost you have to set aside is around $2,025.
USCIS intends to charge these fees, so make sure to check the exact amount the latest before you decide.
On the other side, for a marriage CR-1 visa, the total fees were $1,200 in 2020. This includes $535 for filing the Form I-130 with the USCIS, $325 to the U.S. State Department to apply, $120 for Form I-864 Affidavit of Support to the State Department, and, after your case is approved, a $220 fee to USCIS to receive the green card.
An overview of the fees: K-1 vs. CR-1
Fees for K-1:
- USCIS -$535 for the Form I-129F
- Embassy: About $600 (medical plus DS-160 fees)
- $325 to the U.S. State Department
- Once in the U.S. and married: $1,225 for I-485 Form
- Typical Lawyer fees for K-1: $3,000
- And for adjustment of status: $2500
Fees for CR-1:
- USCIS: $535 for the Form I-130
- NVC: $120 for Form I-864 Affidavit of Support to the State Department
- Visa application fee: to Department of State (National Visa Center), about mid-way through process $325
- Medical exams: immediately before consulate interview 350-400
- Once in the U.S. and married: $1,225 for I-485 Form
- Typical lawyer fees for CR1: $4000
Demonstrating financials
The CR-1 requires an I-864 Affidavit of Support to meet 125% when the NVC is reviewing. Meanwhile, the K-1 visa requires 100% but preferred 125%. Here, we can see the benefit of the fiance K-1 visa because you get more flexibility with the percentage.
However, the most significant leverage the CR visa offers is to “combine income” with other household members. This means that if you have trouble meeting minimum income, it can comply with the spousal procedures and make it easier to meet the requirement.
I-130 applicants hand over the I-864 affidavit of Support to the NVC, while Fiance visa applicants submit the I-134 form at the visa interview. This means if you are going to submit the I-134, you will have more time to develop a potential solution.
What is Approval Statistics for K-1 and CR-1?
The spousal visa is considered more “secure” because it’s got higher approval rates. This relates to both the CR1 visa interview and the USCIS adjudication. According to the USCIS Reports, statistically, 90% of the I-130 petitions are approved, but this number includes more than just spouses. Or, as the same statistics show, about 75% of the I-129F are approved.
During the U.S. Embassy visa interview, the CR-1 also enjoys a higher approval rating but has in mind no published data to confirm these specific numbers. But considering the USDHS statistics table, experience, and other sources, the spouses’ approval rating goes as far as 99%.
On the other side, the K-1 visa statistics show a bit less of approval percentage: around 80% of applicants.
What Options LGBT Couples Can Use?
LGBT couples can use both options, either the I-130 or I-129F. Still, there are two essential points to note, depending on whether the host country recognizes these type of marriages:
- If the country they are coming from allows same-sex marriage, then for both fiances K-1 visa or the CR1 are viable.
- If the host country doesn’t recognize same-sex marriage, you may use only the fiance K-1 visa there discreetly or go to a different third country to get married and then apply for a marriage-based visa. In either case, you can use both visa options.
If you fear persecution in your country of origin, then some safety concerns may be necessary. With fiance visas, the process can be done without obstructions, so it is proper in these cases.
Nevertheless, you can still get married in a third country and, after that, apply for the CR1 alternative.
Getting Married in the United States or Abroad
Sometimes your only choice is to use the fiance visa. In some countries, marriage to foreigners is similar to bending over backward. There can be several rules and regulations to follow, creating certain obstacles on your visa pathway.
That is why you should evaluate the required procedures for marriage in your partner’s country, what steps you need to take, whether there are any other formalities or a residency period, etc. This information will help you decide which K-1 or CR-1 visa you can choose.
Which Visa Requires More Documents to Prepare?
Both K-1 and CR-1 visas require the same amount of paperwork.
Still, the I-130 is slightly more burdensome because you can submit the Green Card application (I-485) along with the form. The NVC is also tasked with collecting and evaluating your paperwork.
On the other side, fiance visa petitioners only submit Permanent Residency paperwork after entering the United States and getting married but not with the I-129F. There will also be no dealing directly with the NVC.
However, the K-1 visa will get heavy on paperwork during the final stages. Before taking the interview in the Embassy, you will have to prepare a certain amount of documents.
Meaning, neither procedure is more or less complicated, and as we mentioned earlier, both K-1 and CR-1 visas require you to prove bona fide marriage, and we will tell you more about it in the next part of the article. So, it’s up to personal preferences that you will find more convenient in other stages of the process.
Evidence of Bona Fide Relationship
As we already learned, both the I-130 and I-129F require front loading relationship evidence upfront. Now, you probably wonder what ways of proving that your relationship is established in good faith. When it comes to a spousal visa, it’s quite more comfortable to do this because the only evidence you truly need is a valid marriage certificate.
Meanwhile, in the fiance visa, providing evidence of a relationship can be a bit more complicated. Within the I-129F package, you should attach your photos from the holidays or any other occasions proving that you are a couple, letters you sent to each other showing you maintained the contact while we’re apart, and any other evidence you find firm enough to convince the USCIS officer that your relationship is bona fide.
If you think you will not be able to provide satisfactory evidence because you don’t possess such photos, for example, then maybe this visa is not suitable for you.
But, can you really choose which one, K-1 fiance visa or CR-1 marriage-based visa, you will apply for? This is the threshold issue, particularly this year in the COVID-19 era, whether couples can choose between the K-1 and CR-1.
Downsides
In the end, let’s look at some of the drawbacks that each of these visas has. If you are still uncertain on which pathway to take, you might want to consider the following notes.
If your fiance(e) obtains the K-1 visa, they will not have the work authorization or social security number. Moreover, they will lack permission to travel outside the United States for at least 90 to 120 days after the entry and files for the adjustment of status. For this reason, many couples have their I-485 adjustment application ready to go, even before the fiances arrive in the United States.
This way, when they come to the United States, they can immediately get married and then file the I-485. I-485 will also include work authorization, advance parole, etc. In this case, the couple will then likely be interviewed for the green card. The interview can take place sometime within the next 6 to 12 months, depending on the local USCIS office processing time.
Note that in some cities, it could be over 15 months. For some people, particularly those who do not have access to the United States to visit their loved ones, the K-1 usually provides a quicker time frame to reunite in the United States.
However, some people will endure a long separation and choose to apply for a CR-1 because they want to hit the ground running upon immigrating to the United States and be able to work immediately upon arrival.
Also, some might want to be able to travel internationally right after entering the United States. This is especially important for those having elderly parents abroad that they want to visit anytime, or real estate in the other country.
Usually, the reason people will choose a marriage-based CR-1 visa over K-1 is an extra year that you have to wait to get a green card if you take the fiance visa pathway.
It’s really about balance. Each couple and their needs are different. Your situation is unique, and you might find it hard to make a choice at the end of gathering all available information. An outstanding immigration lawyer can help you out with assessing circumstances and advise on what option fits you better so you can soon be together and start building your life in the United States.
With over 25 years of experience in immigration matters and with a reliable team of immigration experts well versed in twelve languages, Herman Legal Group can be your first choice, and the rest is on us to provide you with exceptional legal aid and ensure you achieve your goals.
Dear Jath,
I am a New Jersey native living in Ethiopia with my baby daddy in an apartment that has no bathroom or kitchen. My boyfriend, a personal trainer and club dancer, has another child with his American ex-wife. They met in a club and got married in a traditional Ethiopian ceremony in 2016, with plans for him to follow her to the US. When he applied for a tourist visa at the US embassy in Addis Ababa, he was denied. He re-applied to be there for the birth of his child and was denied again. He applied again, armed with a letter of recommendation from a senator, but was denied a third time. Can he come to the US as my fiance?
Ariela and Biniyam
Only US citizens can bring K-1 fiances home. You should meet in person at least once within the last two years. Then you file your intent to marry with USCIS. About half a year to a year or more later, your fiance applies to an interview at an embassy or consulate.
With an approved K-1 visa, your fiance can enter the US in K-1 non-immigrant status. After that, you have 90 days to marry and file another application for their adjustment of status to lawful permanent resident (commonly known as an LPR or green card holder).
AOS typically takes half a year to a year, depending on your local USCIS field office. A K-1 becomes an LPR on the date their green card application is approved. K-1s can only adjust status through their original petitioner. If your relationship fails, they must leave the US.
Even if they marry a different city, they must still leave and reapply for a new petition to return.
His previous marriage complicates matters. The US government considers any marriage valid if it is legal in the jurisdiction where it takes place. It must be a real marriage for love, not for papers.
A consular adjudicator is legally obligated to presume that anyone applying for a non-immigrant visa has immigrant intent, and it is your burden to prove otherwise. Applying for a tourist visa was a mistake.
With an American spouse and child, there are obvious reasons he’d want to stay and adjust status. She should have petitioned him as her spouse instead of having him apply as a visitor.
Multiple unsuccessful visa applications hurt. The US keeps records of your immigration history – including previous travel, the statuses you were admitted, denied, or paroled in, and notes from past interviews. Without a significant change in your circumstances, each denial increases the chances of further denial, with no refunds.
Contrary to popular legend, letters from politicians, religious leaders, employers, or other authorities are like show money in your bank, land titles, jewelry, or designer clothing – they won’t hurt you, but they’re not going to outweigh other factors.
The adjudicator might take about 30 seconds to approve or deny. There is no right to counsel, almost no way to appeal, and they don’t have to look beyond your application form. His prior unsuccessful marriage to US citizen matters, as do previous visa denials and violations of immigration or criminal law.
Dear Jath,
I am a dental student from Syria. My wife is a US citizen studying healthcare management in Columbus. Can I get a spousal visa? If we apply, but want to live together until my visa is approved, can she live with me outside the US while my application is being reviewed?
Avery and Omar
Unfortunately, almost all Syrian nationals are currently banned from the US under the third version of Trump’s travel ban against mainly Muslim-majority countries. After years of litigation that mostly favored the challengers, the Supreme Court decided 5-4 that the President has the discretion to suspend foreigners from entry, and does not need to explain his reasoning.
You can apply for a waiver of the ban based on undue hardship to you and your US citizen spouse. However, such waivers often take years of invasive checks and administrative delays and are notoriously hard to win.
Nobody likes to be separated, but spousal visas generally take a year or more even in normal times. The US citizen spouse can visit, but remember the point of a CR-1 spouse visa is to reunite you in the US. Ideally, she needs a job and residence where you plan to live, which are difficult to find remotely.
Although the process takes longer than the K-1, a CR-1 becomes a legal immigrant the moment CBP stamps your passport. Even without a physical green card, you have rights that a fiance doesn’t, including the ability to work, travel, and to permanently reside in the US.
Dear Jath,
I just met the love of my life in Thailand. I recently got divorced after 20 years of marriage, then suffered a stroke. On top of that, I lost my job, my home, an election for school board, and went broke. While in Thailand trying to put my life back together, I was sitting in a bar one evening and heard the voice of an angel singing.
Buying her a drink led to dinner. 10 days later, I told Annie I would love to marry her. Respecting her cultural traditions, I asked Annie’s dad to bless our marriage. He wants me to pay him her dowry, which comes out to about $15,000 in cash, plus two water buffalo and $6,000 in gold.
Love is priceless, and my friend Chris is willing to lend me the money. How can I bring Annie back to Kentucky with me?
David
Congratulations, Dave! Hope you’ve been filing taxes because recent tax returns or transcripts are the main way the government determines whether you have enough income to sponsor your future spouse for permanent residency. USCIS considers poverty guidelines set by HHS every year and compares them to the adjusted gross income you declare to the IRS.
Unless you’re active-duty military, a petitioner from the US mainland must earn at least 125% of the poverty guidelines for the number of people in your household plus the immigrant(s) you are sponsoring.
The poverty line is slightly higher for Hawaiians and Alaskans. Currently, for just you and Annie, you’d need to prove you make at least $21,550 a year to successfully complete the I-864 affidavit of support. Claiming your children as dependents raises your household size and required income.
If you don’t make enough, your friend Chris can step in as a joint sponsor. There is no requirement that the joint sponsor is your family member or even friend. They just have to be a US citizen or LPR domiciled in the US.
A joint sponsor must show enough income to meet the I-864p requirement for their household plus 1 for the immigrant beneficiary (but not you, the petitioner), without adding your income to theirs.
A common misconception about the affidavit of support is that the sponsor must give the immigrant a minimum income to live on. This is not true. The affidavit of support binds the primary and/or joint sponsor to repay the government if the sponsored immigrant improperly receives means-tested benefits such as food stamps, Medicaid, or CHIP.
This obligation lasts until the immigrant files taxes for 10 years, naturalizes to US citizenship, or dies. As it is difficult to even for eligible citizens or LPRs to get benefits, these situations are rare.
Dear Jath,
I was so humiliated! I’m a model from Brazil with an American fiance. At our K-1 interview, the officer asked me if I’d ever worked as a prostitute! My beloved Michael and I were very offended! Why would they ask that and what should I do?
Juliana
Aside from telltale signs such as huge age gaps or not speaking a common language, consular and border officers ask questions to probe for grounds of inadmissibility. Don’t be shocked by questions asking if you were ever a religious persecutor, Nazi, terrorist, Communist, or genocidal murderer. These are standard questions straight from the law. Remain calm, answer only the questions asked, and always tell the truth. Lying to the government can make you permanently inadmissible to the US.
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Jath Shao is an attorney that drives, flies, and Zooms to wherever his clients need him. Jath also writes about identity, immigration, culture, and politics for Rappler.