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You can get married and apply for an Adjustment of Status to become a Legal Permanent Resident while on a Visitors Visa so long as you did not intend to do so when you entered the US on your Visitors Visa. It all comes down to what your true intent was when you entered the US. If you intended to get married and adjust your status when you entered the US on a Visitors visa, then doing so would be an act of Visa Fraud. However, if your true intent when you entered the US was to simply visit for a period of time and return home, but while you were here you either met somebody and fell in love or the relationship that you were already involved in developed to the point where you wanted to get married, then you could get married and adjust your status while in the US on your Visitors Visa.

Even if your intent was to simply visit, never get married within the first 90 days of your arrival. Getting married within the first 90 days of your arrival on a Visitors Visa, creates a presumption that you intended to get married and adjust your status on your Visitors Visa all along.  This presumption can be difficult to overcome. So always wait to get married until after you have been here for more than 90 days.

You can expect to be questioned about your intent at your interview. The hearing officer may ask questions to help the government determine what your true intent was when you entered the US.   Did you have a round trip ticket when you entered the US? Did you give up your living arrangements before arriving the the US? Were you employed at the time you entered the US? If your not returning to your home after entering the US, what arrangements, if any, did you take so you can stay in the US? For example, if you were employed when you entered the US and subsequently quit your job because you decided to get married and stay in the US, did you send a resignation letter and when was your letter dated? Same for your living arrangements.

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Both the K1 Fiance Visa and CR1 Marriage Visa are good options for couples who wish to marry and live together in The United States. Which one is best for you depends on your personal circumstances. Here is a quick summary of the basic differences between the two:

K1 Fiance Visa

  • Faster processing times. Typically 10-14 months to obtain the Visa
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CR1 and IR1 Marriage Visa processing times remain long. Currently, most CR1 Marriage Visa applications are getting their initial USCIS approvals in about 12-14 months on average. Of course, this does not mean that the visa will be issued this quickly. Once approved by USCIS, every application must then be sent to the NVC where additional forms and documents must be summitted and reviewed. This NVC phase takes another 6-12 months. So the estimated time to obtain a CR1 Marriage Visa or an IR1 Marriage Visa remains about 2 years on average. Keep in mind that the long wait times are offset by the value of getting an Immigrant Visa, which basically means that the visa comes with Legal Permanent Residency or a Green card.

You are welcome to call me anytime to discuss the K1 Fiance Visa and how my office may be able to assist you. You can reach me toll free at 1-888-515-35209.

Attorney Jeff Pettys

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The process for obtaining a K1 Fiance Visa for same sex couples is the same as for anyone else. Our office works with many same sex couples who wish to get married and live together and we are pleased to do so.

The proof requirements for a K1 Fiance Visa are the same for same sex couples as for anyone else, but sometimes due to privacy issues and local cultural norms, obtaining good proof can be a little bit more challenging. Pictures are always the best form of proof that a couple have met and are in love. I always ask my clients to take many pictures together and pictures including local attractions and pictures with family and friends. Sometimes, this isn’t easy to do if the relationship is somewhat secret or when there are local acceptance issues leading to privacy concerns. In such cases, look for opportunities to take your pictures in private and at paces well known like restaurants and hotels.

Another good form of proof for loving couples are letters and Affidavits from family and friends. Its always nice to be able to submit a letter or Affidavit from a family member or a close personal friend who supports your relationship and is willing to attest to their knowledge of your relationship and your love for one another.

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USCIS requires that a couple applying for a K1 Fiance Visa demonstrate that they have met in person within a 2 year period preceding the filing of their K1 Fiance Visa application and proof of a genuine relationship.

At a minimum, you should be prepared to submit evidence that you have met in person, which includes travel receipts (airfare, hotels,meals), Passport stamps coming and going from the country you have met in as well as pictures together.  All of this evidence is important, but none more than good pictures. You should try to take several pictures together, pictures in places with local monuments and attractions, as well as pictures including family and friends. The issue most concerning to USCIS is fraud. So for K1 Fiance Visa applications,  its important to show that your relationship is not a secret and that it has been shared with and hopefully supported by family and friends.

Genuine couples also talk frequently. So when apart, its important to keep some sort of record of your communications.  You can make copies of these records and submit with your application and bring to your eventual interview to show the hearing officer at the Embassy. Such proof is especially important for same sex couples who may not have pictures with friends and family due to privacy concerns.

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K1 Fiance Visa processing times continue to improve. Currently, most K1 Fiance Visa applications are getting their initial USCIS approvals in about 6-8 months on average. Of course, this does not mean the visa will be issued this quickly. Every application must then be sent to the US Embassy closest to where the Beneficiary (person getting the visa) is living and working. This as I call it is the Embassy Phase. The Embassy Phase is typically taking on average about another 2-4 months to complete and to obtain your visa. Unfortunately, there are still some Embassy locations that are taking longer.

You are welcome to call me anytime to discuss the K1 Fiance Visa and how my office may be able to assist you. You can reach me toll free at 1-888-515-35209.

Attorney Jeff Pettys

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The filing fees for various Family Based Visas have increased as of April, 1, 2024.

The new USCIS filing fees are as follows:

The USCIS filing fee for a K1 Fiance Visa, form I-129 is now $675.
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Recently we received some good news from the US Embassy in Manila, Philippines. They are processing K1 Fiance Visas!
Its not back to normal yet, but cases are being processed and happy couples are getting their visas. As best as I can tell at this time, the Embassy is prioritizing interviews based on the following criteria:
  • K1/K2 cases where the K2 child will age out (turn 21 years of age) before December 31, 2021.
  • K2 cases where the child who is a follow to join who will age out (turn 21 years of age) before December 31, 2021.
  • K2 cases where the child who is a follow to join will lose follow to join eligibility (normally one year, but now one year plus 180 days) from the time the K1 visa was issued.
  • K1 applicants who are waiting to travel to the US with their US citizen child.
  • Petitioner is an active duty military member with Pending Deployment Orders, Pending Permanent Change of Station Orders or other logistical issues and/or considerations.
  • Petitioner with documented medical issues who cannot travel back to the US without the assistance of their K1 Fiance
I have also been advised that if your case shows “expired” on the Consular Electronic Application Center and you haven’t had your interview, contact the Embassy by email at visainformation@state.gov. Let them know that you still wish to pursue your case and provide an explanation as to why you didn’t take action and the Embassy staff will take corrective action to reopen the case.
The resumption of visa services is done on a post by post basis depending on local health conditions. As conditions improve, so will the visa processing services.  Stay patient, keep up on current changes and keep a record of any follow up trips and communications with your fiance. When the time comes, it will be important to show the Embassy that you have stayed in touch with one another and are still in love and wish to get married.
If you have any questions and would like to speak with me about your interest in a K1 Fiance Visa, please feel free to call me at 1-888-515-3529. You are always welcome to call me.
Attorney Jeffrey C Pettys

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Today, many Immigration clients search for and hire an Attorney from the internet. In my case, I would say that many if not most of my clients don’t ever meet me in person. They live or work all over the United States and around the world. Use of the internet has made the process of searching for and hiring an attorney so much easier and efficient, but in some unfortunate cases, it could lead to Fraud. Of course, I hope that everyone who contacts my office for a Fiance Visa, Marriage Visa or Family Based Green Card, ultimately chooses my law practice, but if not me, then I want you to find somebody else that is also honest and will do a good job for you.
There are some simple steps that you can take to make sure you are hiring a reputable and honest Lawyer:
1. Call and discuss your case with the Lawyer who will be doing the work. If you can’t speak to the Attorney, without charge, move on.
2. Make sure the Attorney you choose has an office address.
3. Check for length of service and years of practice on the internet. Google or the Attorney’s website should identify the number of years of practice and length of presence on the internet.
4. Check for your Attorney’s Bar Number and Good standing.  This can be done by asking for your lawyer’s Bar Number and contacting the State that he or she is licensed in. Immigration Attorneys only need to be licensed in one state to practice throughout the county. So check with the Attorney’s state of license. My Bar number is on my Home page and there is a link directly to The Ohio Supreme Court. I welcome checks.
5. Be wary of service providers who claim they can speed up the Governmental approval process. Once done correctly and filed, the Attorney does not have special influence over USCIS or the State Department during the approval process.
6. Your lawyer should never guarantee a result. Making a guarantee that your Fiance Visa, Marriage Visa or Adjustment of Status will be approved is in my opinion, unethical. Sharing past successes or promoting a general success rate is fine.
7. Memberships in Immigration organizations or being recognized for good service in your area of practice is always a good thing to look for.
These simple steps can be very helpful when choosing an Attorney for assistance with your application for a  K1 Fiance Visa, a CR1 or IR1 Marriage Visa or Adjusting Status to obtain a family based Green Card. 
You are always welcome to call me if you have any questions or would like to discuss your Immigration matter. I can be reached toll free at 1-888-515-3529.
Attorney Jeff Pettys
1-888-515-3529

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Covid continues to impact the processing times for spouses who are in the US and apply for an Adjustment Of Status to Legal Permanent Residency. Processing times for Adjusting Status (AOS) have always varied depending on your location in the United States and the USCIS Service Center assigned to review your case. Covid has caused delays in the overall processing times for AOS applications, but the work has continued and Legal Permanent Residency continues to be granted for spouses of US Citizens without too much interruption or delay. At this time, I think you can reasonably expect it to take anywhere from 3-6 months to obtain your Work Authorization and another 6-12 months to obtain your Green Card.
My advice is to file as soon as you get married and get the process underway. Once filed, you have Temporary Protective Status (TPS) which allows you to remain in the US while your application is pending. You may also wish to file for an Advance Parole so you can leave the US and return while your application is pending as well.
If you have any questions about adjusting your status as a spouse of a US Citizen to become a Legal Permanent Resident of the US or wish to discuss your matter with me, you are always welcome to call me toll free at 1-888-515-3529.
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Ohio Office
 1900 Polaris Pkwy #450-018
Columbus, OH 43240
Toll Free: 888-515-3529
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