Trump Fiancee Visa K 1, Marriage Visa CR 1: Will They Be Delayed or Denied in 2025?

By Richard T. Herman, Esq.

Donald Trump is back in the White House and big changes in U.S. immigration policy are already happening. One of the areas that will be affected is the processing of marriage-visas (CR-1) and Fiancee Visas (K-1).

Drawing from past trends and expert forecasts, couples planning to apply for a marriage visa in 2025 should be prepared for delays and more scrutiny, similar to what was experienced during the previous Trump administration. The Trump administration’s focus on “extreme vetting” and “American workers” over family reunification makes preparation crucial.

Couples applying for K-1 and CR-1 visas will likely face longer wait times. These visas are already complex with multiple agencies involved. Under stricter policies, processing times will get even longer, more time apart for couples.

Looking back to the first Trump administration we can conclude:

Understanding the Trump Factor in Immigration

The Trump administration’s policies have significantly reshaped the immigration landscape, particularly for those seeking K1 and CR1 visas. Understanding the Trump factor in immigration is essential for navigating the complex and ever-changing immigration process.

The administration’s emphasis on enforcement and border security has led to increased scrutiny and delays in processing immigration applications. Policies aimed at reducing family-based immigration have also had a notable impact on the processing of K1 and CR1 visas.

During Trump’s first term, the administration implemented measures that increased the difficulty of obtaining these visas. This included more rigorous background checks, additional documentation requirements, and a higher rate of Requests for Evidence (RFEs). These changes were part of a broader strategy to prioritize American workers and enhance national security, often at the expense of family reunification.

As we look ahead to 2025, it’s likely that similar policies will be reinstated or even expanded. Applicants should be prepared for a more challenging immigration process, with longer wait times and more stringent requirements. Staying informed about these changes and understanding their potential impact is crucial for anyone navigating the immigration process under the Trump administration.

Trump’s Immigration Policies

Trump’s immigration policy is about reducing immigration, including marriage-based immigration. These changes are part of a broader immigration reform aimed at prioritizing American workers and reducing overall immigration numbers.

The Trump administration has taken many steps to reduce the number of immigrants entering the US, including tighter visa requirements and more visa application scrutiny. A directive from President Trump emphasized not to take shortcuts in the enforcement and administration of these laws, to administer immigration laws effectively.

The administration’s “America First” policy puts American citizens first, not immigrants.

Marriage-Based Immigration

Trump’s policies have had a big impact on marriage-based immigration, including K-1 visas and CR-1 visas.
He’s made these visas harder with more documentation and more immigration officer scrutiny.
Processing times for these visas have gotten longer, causing delays and uncertainty for applicants.
Issuance of green cards to those outside the U.S. has decreased, affecting family reunifications and employment-based immigration.

K-1 Fiancé(e) Visas

Trump has made K-1 fiancé(e) visas harder with more documentation and more scrutiny of applicants. Understanding the visa application process is crucial for navigating these additional challenges. Processing times for K-1 visas have also gotten longer, causing delays and uncertainty for applicants. K-1 visa denial rate has also increased, up to 30% of applications being denied.

The Immigration Process

Overview of the Immigration Process for K1 and CR1 Visas

The immigration process for K1 and CR1 visas involves several critical steps, each requiring careful attention to detail. For K1 visas, the process begins with the U.S. citizen petitioner filing Form I-129F, Petition for Alien Fiancé(e), with the U.S. Citizenship and Immigration Services (USCIS).

Once approved, the petition is sent to the National Visa Center (NVC) and then to the U.S. embassy or consulate in the fiancé(e)’s home country for further processing, including an interview.

For CR1 visas, the U.S. citizen or lawful permanent resident spouse must file Form I-130, Petition for Alien Relative. After USCIS approval, the case is forwarded to the NVC, which requires additional documentation and fees before scheduling an interview at the U.S. embassy or consulate.

Both processes are complex and time-consuming, often involving multiple agencies and extensive documentation. The Trump administration’s policies have added additional hurdles, such as stricter financial requirements and more comprehensive reviews. Applicants must ensure they meet all necessary requirements and follow the correct procedures to avoid delays and potential denials.

Anticipating Potential Delays in 2025

While exact changes are uncertain, experts predict marriage visa processing times will increase significantly in 2025, similar to Trump’s previous administration. Several factors could contribute to these delays:

Reintroduction of “Extreme Vetting”: More background checks and documentation requirements.
Resource Diversion: A focus on immigration enforcement or employment-based immigration might divert resources from family reunification.
Mandatory Interviews: Policies requiring in-person interviews for all spousal visa applications might be reinstated, adding to processing times.

Tip: Check official government websites and trusted immigration news sources regularly.

Understanding the Impact of “Extreme Vetting” on K-1 Fiancé(e) and CR-1 Marriage Visas

“Extreme vetting” was a hallmark of Trump’s first term and caused significant slowdowns in immigration processing, including spousal visas. These measures have had a profound impact on legal immigration, making it more challenging for applicants to navigate the system. It involved:

Thorough Background Checks: Applicants faced detailed reviews of their personal, financial and travel histories.
Increased Requests for Evidence (RFEs): More applications were flagged for additional documentation.
Longer Processing Times: The scrutiny took longer.

Tip: Make sure all documents are complete and accurate. Even minor discrepancies will cause further delays.

New Visa Screening Measures Will Increase Processing Times

New directives from the U.S. government will tighten visa screening processes, resulting in longer wait times for applicants at U.S. embassies and consulates worldwide. These measures come from an executive order issued on January 20, 2025 by President Trump titled “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats.” These changes will also impact current visa holders, who may face additional scrutiny and restrictions.

Key Points of the Executive Order

Enhanced Vetting Procedures: The executive order instructs federal agencies, including the U.S. Department of State, to reinstate and expand rigorous vetting and screening protocols for foreign nationals seeking visas or any immigration benefits.* High-Risk Countries: Extra scrutiny for applicants from countries deemed high-risk.
Reports:
- Within 60 days, the Secretary of State, U.S. Attorney General, Secretary of Homeland Security and Director of National Intelligence will submit a report to the President. The report will list countries with insufficient vetting.
- Countries on this list may face partial or full ban on visa issuance for their nationals.
Policy Changes:

Within 30 days, the same agencies will review and amend existing regulations, policies and procedures related to inadmissibility grounds. This is to strengthen national security and the U.S. constitutional framework.

What to Expect

Longer Wait Times: With increased scrutiny, visa applicants should expect longer processing times. The additional layers of vetting will slow down the clearance process at U.S. embassies and consulates.
Travel Ban: No travel ban yet, but the order starts the process within 60 days to reimpose a travel ban. This could restrict entry for nationals from high-risk countries.
Visa Denial Based on Subjective Criteria: The order allows denial of visas or entry to the U.S. based on political views, religious beliefs or cultural backgrounds. This is a significant change in visa policy and will likely face legal challenges.
Deportation of Foreign Nationals: Homeland Security can remove nationals from high-risk countries even if they are lawfully present in the U.S., unless removal would interfere with an ongoing investigation of serious crimes or national security interests.

Next Steps

Vetting Methods: Unknown. Applicants will face more comprehensive background checks and security screenings.
Legal and Diplomatic Ramifications: Will face legal challenges from civil rights groups and strain diplomatic relations with affected countries.
What to Do:
- Plan for Delays: Submit applications well in advance and expect longer processing times.
- Stay Informed: Monitor U.S. embassy and government sources for policy changes.
- Get Legal Advice: Especially if applying from or connected to countries that may be affected by the new rules.

The executive order signals a harder line on U.S. immigration with national security as the priority. While the details will unfold in the coming months, applicants should prepare for longer wait times and new restrictions based on nationality or background.

Other Challenges for Marriage Green Card Applicants Under Trump

The legal path for marriage-based green cards is protected but Trump’s administration can introduce indirect barriers through policy changes and increased bureaucratic scrutiny. These changes are part of a broader immigration reform aimed at tightening immigration controls.

1. Public Charge Rule in Immigration Law

Trump’s first term expanded the Public Charge Rule to review applicants’ financial stability. Though repealed by Biden in 2021, Trump’s campaign suggests it may be reinstated.

Consequences:

Low-income families will struggle to qualify.
Applicants with public benefits history will face additional hurdles.

2. Stricter Financial Self-Sufficiency

Trump’s administration introduced Form I-944 to assess applicants’ financial independence. If re-introduced, applicants will need to provide:

Proof of income above 125% of federal poverty level.
Documentation of assets and liabilities.
Credit scores and health insurance proof.

Joint sponsors will also face more scrutiny, with detailed checks on income, tax history and potential public benefits use.

3. Longer Processing Times

Expect delays due to:

Mandatory Interviews: Trump’s first term required in-person interviews for most applicants, a rule relaxed under Biden but likely to return.
Higher RFE (Request for Evidence) Rates: Applicants will need to submit more documentation to prove marriage.
Resource Constraints: Increased scrutiny across all visa types will slow down processing for all.

Practical Steps for Couples Affected by Visa Delays

Despite the challenges, there are steps couples can take to navigate the process smoother:

1. Apply Early: Timely Submission

Apply Early: Applying as soon as possible gives you a head start before new policies take effect.
Organize Documents: Early submission allows more time to gather and verify documents.

Tip: Consult with an immigration attorney to create a personalized application timeline.

2. Prepare a Strong Application

Ensure your application is thorough and well-documented with:

Financial Evidence: Proof that the petitioner meets or exceeds income requirements.

Proof of a Genuine Relationship: Provide:
- Photos together
- Travel records
- Communication logs (texts, emails, call histories)
- Affidavits from family and friends

Thorough Documentation

Comprehensive Record: Keep detailed evidence of your relationship, including photos, travel itineraries, communication logs and joint financial documents.
Consistency is Key: Ensure all documentation tells a cohesive story of your relationship.

Bulk up Financial Evidence:

Max out your Adjusted Gross Income on your 2024 tax return.
Minimize deductions to meet financial eligibility requirements.

Prepare for RFEs:

Check documentation twice to make sure you meet all requirements.
Load up applications with strong evidence of bona fide relationships so the USCIS reviewing officer can assess your eligibility without additional documentation.

Tip: Double-check for errors and inconsistencies before submitting your application.

3. Schedule Interviews ASAP

If an interview is pending, schedule it now

Expedite Interviews:

If you have a pending USCIS or consular interview, schedule it now to avoid delays from new policies.

4. Get Professional Guidance: The Role of an Immigration Attorney

Expert Guidance: Immigration law is complex and ever-changing. An experienced attorney can ensure your application is complete and prepared for scrutiny. This is especially important for current visa holders who may face new challenges under changing policies.

Interview Prep: Attorneys can help you prepare for mandatory interviews and advocate for you if issues arise.

An experienced immigration attorney can:

Guide you through complex application requirements
Anticipate and address potential challenges
Advocate for your case

Tip: Choose an attorney with a track record of handling marriage-based visa cases.

Family Based Immigration

To help you prepare for Trump 2.0, here’s a chart to guide you.

Family Immigration

To guide your strategy in preparing for Trump 2.0, the following chart will provide some key guidance.

Family-Based Immigration

Policy Area	Trump’s First Term	Biden Administration	Second Trump Term Expectations
Public Charge Rule	Introduced strict financial proof	Reversed rule	Likely reinstatement, reflecting President Trump’s last term policies
Adjustment Interviews	Mandatory for all cases	Waived for low-risk cases	Universal reinstatement
Sponsor Income Requirements	Increased income thresholds	Restored previous thresholds	Likely Higher financial requirements
Form I-944	Required detailed financial proof	Eliminated	Likely reinstatement
K-1 Fiancé Visas	Slower processing and increased RFEs	Stabilized	Potential additional scrutiny

Frequently Asked Questions

Many questions arise for all dual citizens in the nation. Here are some helpful answers to all these frequently asked questions considering real-world issues.

What are Marriage-Based Visas?

i. K-1 Fiancé(e) Visa: For foreign-citizen fiancé(e)s of U.S. citizens.
ii. CR-1/IR-1 Spousal Visas: For foreign-citizen spouses. The CR-1 visa is for couples married less than two years, while the IR-1 is for those married longer.

What is “Extreme Vetting”?

“Extreme Vetting” means more scrutiny in immigration applications. This may include:
i. Social Media Review: Applicants may be asked to share social media accounts.
ii. Extended Background Checks: Requests for up to 15 years of personal, employment and travel history.
iii. Ideological Testing: Proposals to test applicants’ beliefs and affiliations.

What are RFEs and how can I avoid them?

i. Requests for Evidence (RFEs): Issued when an application lacks required documents.
ii. Avoiding RFEs: Double check your application to make sure it’s complete and thorough, including proof of identity, continuous presence and a valid marriage.

What if I have an Unexecuted Final Removal Order?

i. Parole in Place: Individuals with final removal orders may be considered for parole in place on a case-by-case basis.
ii. Factors to Consider for Motion to Reopen: Lack of proper notice, age at the time of the order, ineffective counsel or extenuating personal circumstances.

Will the new administration affect my pending K-1 visa application?

Yes. Applications filed before policy changes but still pending could be affected by stricter rules. Stay informed.

Will income requirements for sponsoring a fiancé change?

Possibly. The last administration emphasized economic factors in immigration decisions. While nothing is confirmed, stay informed.

What evidence will I need to prove a genuine relationship?

Lots. Shared financial responsibilities (e.g. joint bank accounts)
i. Joint leases or property ownership
ii. Evidence of regular communication
iii. Travel itineraries for visits
iv. Detailed records of your relationship’s history

Bottom Line: Preparation is key. Gather all documentation, meet financial requirements and stay informed and you’ll be fine.

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Work with an Experienced Immigration Attorney

We’re a Cleveland, Ohio based law firm with over 30 years of immigration experience. Contact an immigration attorney at Herman Legal Group: 216-696-6170,

Staying Informed and Prepared in the Face of Changing Immigration Policies

In the face of changing immigration policies, staying informed and prepared is essential for successfully navigating the immigration process. The Trump administration’s policies have introduced new challenges, making it more important than ever for applicants to stay up-to-date with the latest developments.

Understanding the specific requirements and potential obstacles under the Trump administration can help applicants better prepare their cases. This includes gathering comprehensive documentation, meeting financial requirements, and being ready for more thorough background checks and interviews.

Preparation is key to increasing the chances of success. Applicants should be proactive in strengthening their applications, addressing potential issues, and seeking professional guidance when necessary. By staying informed and prepared, applicants can navigate the complex immigration process more effectively, even in the face of changing policies.