Which is Better: Fiancee visa (K-1) or Marriage Visa (CR-1)?

K-1: Meeting In-Person Rule

If you are a U.S. citizen who decided to move forward with filing a K-1 fiancé(e) visa for your loved one, there are some eligibility requirements for a fiancé(e) K-1 visa that you have to meet. Here we will talk about the “two-year rule.”

A K-1 fiancé(e) visa will allow the person you plan to marry to come to the United States so you can organize your wedding there.

To apply for a fiancé(e) visa, you must be a U.S. citizen, you both fiancé(e) have to be legally eligible to marry, and you must intend to marry your fiancé(e) within 90 days of upon arrival in the United States.

But, if, for example, you met online, there is the part of the requirements that can cause particular problems. I.N.A. 214(d) imposes the rule that the United States Citizenship and Immigration Services enforces. rule states as the U.S. citizen (the “petitioner”) and your overseas fiancé(e) (the “beneficiary”), you need to have met in person sometime within the last two years. Keep a close eye on the calendar.

This waiver will be available only in limited circumstances.

Where Can You Meet?

Many couples may choose to visit the beneficiary’s home country, but this is not necessary. You and your fiancé(e) can meet at any place you want, no matter if this is the home country, or you went traveling together anywhere in the world.

However, it would be best if you were careful suggesting your foreign fiancé(e) to visit you in the United States. This visit bears the potential risk of denying their entry or alleging fraud without proof for lack of nonimmigrant intent.

How To Prove That You Met In Person?

To show that you and your fiancé(e) really met, you must include certain evidence. This usually includes:

• passport stamps- to show that you entered and exited the country where you met
• boarding passes copies, travel itineraries, receipts for plane tickets
• photographs of you and your fiancé(e) together from the trip or the meeting.
  This list is not exhaustive, so be free to include as much of such documentation as you can provide, but bear in mind, that passport stamps carry the most weight so make sure to include it.

If you cannot demonstrate that you two met in person within the appropriate time period, USCIS will deny your application for a fiance K-1 visa at the very beginning of the process. Sometimes, petitioners can get to the interview stage at the U.S. embassy or consulate and after it receives a denial or an administrative processing notice, which will likewise ultimately lead to a denial.

When the Waiver of Meeting Requirement is Available?

Couples are able to get a waiver of the two-year meeting requirement in limited and rare situations.

Under 8 C.F.R. § 214.2(k)(2), waivers are available in cases where complying with the meeting requirement would either:

• result in extreme hardship to the petitioner: Typically, the only time the USCIS will approve an extreme hardship waiver is where the petitioner was absolutely unable to travel anywhere. The reason must be firm such as severe illness or permanent physical disability, so to prove this, you should submit substantial medical documentation.
• violate strict and long-established customs of the foreign culture or social practice (traditionally arranged marriages): since most cultures do allow some level of an in-person meeting between the potential bride and groom, this requirement is also hard to meet.

Besides, hard-to-get characteristics, seeking the waiver will also take much time. The process is long, and even if you have a strong case, USCIS may deny your application, forcing you to appeal and making the process even longer.

How Long Will the I-129F Petition Be Valid?

When U.S. Citizenship and Immigration Services (USCIS) approves Form I-129F, Petition for Alien Fiancé, it is valid for a certain period of time- for four months exactly. This is a different period of validity than the term of the K-1 visa. When you receive a K-1 visa, you cannot use it anytime you want, but within a limited time period as well.

If you’ve missed the deadline for some reason, you don’t have to start all over. There are some steps that you can take to extend the validity period for the I-129F petition. As we stated earlier, this petition is valid for four months from the date USCIS approves it.

Therefore, you must respond to the National Visa Center (NVC) and your local U.S. embassy within the deadlines provided by each and provide additional documents to support the K-1 visa application.

If you are unable to make the necessary arrangements within four months with your fiance, you may be able to request an extension. In this case, a consular officer can decide to extend the petition’s validity if it will expire before visa processing is completed.

What is the Deadline to Enter the United States?

When you receive a K-1 visa from the U.S. embassy or consular office, you have to arrange the petitioner’s trip to the United States to get married. This opportunity can be used only once with the visa, and generally, it is valid for six months from the date of issuance, while some may be issued with a shorter validity period.

Is There a Deadline for Getting Married?

Shortly, yes. Once your fiancé issued with the K-1 enters the United States, you have to get married within 90 days. Within this deadline, the foreign national spouse should file an adjustment of status application (Form I-485).

However, your fiance may file Form I-485 after 90 days, providing he or she has met all other requirements. If you fail to organize a wedding or your fiance changes his or her mind about applying for the green card through adjustment of status, he or she has to depart the United States before the K-1 expires.

Can You Extend The Initial Deadline?

Actually, yes, you can, and the process is straightforward. All you need to do is send the request to the U.S. Embassy to “revalidate” your I-129F.

If you prove that you are actively working on it, the U.S. Embassy may decide to extend your case, and you will be given 4-month increments. If you wonder how you can send such a request, all you should do is email them, schedule an interview, submit a visa fee, etc.

On the other side, if you notify the U.S. Embassy that you intend to get married very soon, you can be given a maximum of 12 months.

If you are approaching the deadline and are unsure about how to try to extend it, you can contact us, and together we can take the necessary steps to ensure that you will not lose this big chance to start your life with the loved one in the United States.

How to File an I-129F for a Foreign Fiance and Get K-1 Visa?

A K-1 fiancé visa is a nonimmigrant visa that allows a foreign fiancé to enter the United States with the purpose of getting married to a U.S. citizen. An approved visa will last for six months after it gets assigned. The couple has a time frame of 90 days from the entry date to perform the wedding and apply for Adjustment of status process, which will give the fiancé a legal permanent residence in the U.S.

Requirements that are set for the U.S. citizen and foreign fiancé to fulfill to be eligible for a K-1 visa are:

• The legal ability for getting married, which means that intended spouses have to be free from previous marriages
• The couple has to meet in person at least one time for two years before applying for a K-1 visa

The K-1 visa petition process begins when the U.S. citizen downloads, completes and files the Form I-129F, Petition for Alien Fiancé(e) with U.S. Citizenship and Immigration Services (USCIS). Paperwork does not require hiring an immigration attorney; however, the couple can hire one to help them run the process. USCIS instructions are available on the website.

There are eight parts of the form:

1. Petitioners information – this is a part where the U.S. petitioner should answer the questions with precise details about names (full legal name from government-issued ID document, nicknames, or any name changes from the past), social security number, dates, mailing address for receiving notices and physical address, employment data for the last five years, parent’s biographic information, marriages from the past if there are, citizenship grounds, previous petitions, underage children, residence information.
2.  Beneficiary information – these questions are almost the same as the previous ones, but they refer to the foreign fiancé information. It is possible to choose one of the available embassies abroad for his or her interview.
3. Other information includes information about the criminal background or requesting a multiple-filer waiver if this petition is not the first one filed.
4. Biographic data – these questions are additional information about the petitioner’s ethnicity, race, etc.
5. Petitioner’s statement, contact, declaration, and signature – in this part, the petitioner has to make sure that the documents are signed and dated.
6. Interpreter’s contact information, certification, and signature – this part is filed if there is a person who helps with the question translation and interpretation.
7. Contact information, declaration, and signature of the person who prepared the petition if it was not the petitioner
8. Additional information – this part serves as an extra space

The filing fees for this form are 535$, but it is recommended to double-check before the payment.
There is also an optional Form G-1145, e-Notification of Application/Petition Acceptance, that can be filled out. If so, it has to be attached to the application’s cover page (on the top).

The I-129F package has to be copied entirely and then mailed to the USCIS Lockbox, which is recommended to do with a request for delivery confirmation. Copies will be sent to the foreign fiancé so that he or she can prepare for the interview.

For more detailed instructions about filing the I-129F form, it is possible to check the Form Filing Tips.

What are Legal Requirements for K-1 Fiance Visa?

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.

Form I-130 Petition for Alien Relatives: The Winning Guide

The first steps on the pathway to obtaining a family-based permanent residence or green card in the United States is Form I-130, Petition for Alien Relative. The Form I-130 is used by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with the beneficiary.

Although the steps that are necessary to be undertaken are fairly consistent, the processing time of I-130 depends on other circumstances. The processing time will mostly vary significantly based on the type of relationship (between petitioner and beneficiary), USCIS caseload, and your ability to file an accurately prepared I-130 petition properly. The following outline describes the necessary steps of the I-130 timeline for most people.

The marriage visa process is more straightforward and less costly, comparing to the fiance K-1 visa. The State Department will assess the marriage-based immigrant case, and after it approves it, it will issue a visa. Visa issued this way will also serve as a temporary green card.

With this visa, you will be able to travel to the United States, and after you get granted the green card, the State Department will mail it to you. If you have been married for less than two years after entry to the United States, you will first be issued a conditional green card. Before receiving a ten-year green card, you will have to file to remove conditions.

When it comes to processing times for Form I-130 Petition for Alien Relative, it also can be slow. As of mid-2020, it took from seven to 22 months on average for USCIS to process this form. Upon approval of the I-130 petition, how long it takes before you can come to the United States will depend on whether you are married to a U.S. citizen or a lawful permanent resident (“LPR”) or green cardholder.

If you are married to a U.S. citizen, you will qualify as an immediate relative. This means that your case would take the length of time it takes the government to process it. Usually, the time you have to wait for in this case takes about two months before transferring the case to the National Visa Center (NVC).

You will then have to wait for several more months before the U.S. embassy is ready to schedule your interview. As you can see, the total average processing time can be up to 24 months.

On the other side, if you are married to a lawful permanent resident, then your priority date is not immediate. Instead, you will be subject to the quota system.

If your lawful permanent resident spouse has lived with you in a foreign country for more than six months, you should consider consulting an attorney to ensure that the government has not deemed his or her green card “abandoned.”

Although a marriage CR-1 visa will not take less than 12 months, it has specific advantages. One of these is that immigrants arrive in the United States with permanent residency once they cross the border.

Upon arrival, they can immediately work, get social security number, driver’s license, and travel outside the United States. The green card should arrive in the mail within a couple of weeks of arrival in the United States, but the stamp in the passport at the border is evidence of green card status (I_551 stamp).

To follow up with the current processing time, you can visit the USCIS official website and see trends in all five field offices or service centers: Nebraska, California, Potomac, Texas, and Vermont.

How to Apply to Adjust Status After You Enter the U.S. on K-1 Visa?

When a foreign fiancé enters the United States based on a K1 nonimmigrant visa, there is a time frame of 90 days to get married to the U.S. citizen who filed a petition for an Alien fiancé. The couple should marry as soon as possible, given that breaking the deadline can lead to the deportation proceedings to the home country of the visa holder.

To get a lawful permanent residence, it is necessary to apply for the adjustment of status. This process includes several stages:

1. Filling out USCIS forms that can be found and downloaded at the website. Usually, the required Forms are:

• I-485, Application to Register Permanent Residence or Adjust Status: During the process of getting a green card, this form is primarily for the fiancé to fill. The fee is 1,225$ and covers the biometric fee too, but it is recommended to check the paying information before the payment. It is possible to pay with a U.S. credit card by using the G-1450, Authorization for Credit Card Transactions form.
• I-864, Affidavit of Support Under Section 213A of the INA or the I-864EZ, Affidavit of Support Under Section 213A of the Act: These forms are used to check if the income criteria are met.
• I-693, Report of Medical Examination and Vaccination Record: If the medical exam done for a K-1 visa is older than one year, it is necessary to check again if the applicant is admissible to the U.S. based on public health standards.
• I-944, Declaration of Self-Sufficiency: The form is used to predict the possibility that the applicant will become a “public charge” after getting permanent residence.
• I-765, Application for Employment Authorization: The form provides the authorization to work in the United States.
• I-131, Application for Travel Document: If the foreign fiancé leaves the U.S. before the interview, the adjustment of status application will get canceled by USCIS. That is why it is necessary to file Form I-131 and receive the “Advance parole”.

2. Preparing and sending additional documents to support the adjustment of status application. These documents include the following:

• Marriage certificate copy, along with other evidence of spouses life together, which is substantial as proof of the bona fide marriage
• Approval notice of K1 fiancé visa petition copy, issued by USCIS
• Passport-style photographs – the number of needed photos is usually two, but some USCIS forms can demand two more
• Copy of birth certificate, with a fully translated English version of the original
• Copy of biographical information from the passport, including I-94 and travel history connected to foreign fiancé entrance to the United States from abroad

After collecting all required documents, and making copies of them, the overall Adjustment of status application should be sent to USCIS at a certain address, under the category “K-1 fiancé(e) (and K-2 dependents)“.

3. Biometrics appointment is usually scheduled before the USCIS adjustment interview, and it involves taking the fingerprints and collecting other data necessary for identification.

4. The next step in the process of getting a permanent residence is the interview at the local USCIS office. The interview is being held by the immigration officer, and both spouses should attend it. The purpose of this interview is to assure the immigration officer based on the filled adjustment of the status package and answers to the interview questions that the marriage is not fraudulent.

If the interview goes well, the conditional permanent residence will be approved. It can be expected to get a green card in the next few weeks, with an expiration date of two years. The conditional permanent residency can be converted to a permanent residence by filing an I-751, Petition to Remove Conditions on Residence form, within 90 days before the green card expires.

What is Processing Time for I-129F?

K-1 or CR1 for Couples: Can You Make a Choice?

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.

90 Days Fiance – Real Advice from Real Attorney

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.