Technically speaking, when applying for a K1 Fiance Visa, USCIS requires the US Citizen Petitioner to show income equal to 100% of the US Poverty Guidelines for your size family. This may technically be correct, but you will need to show income of at least 125% of the US Poverty Guidelines in order to successfully obtain your fiance’s Legal Residency after getting married. For this reason, I strongly suggest that you think twice about applying for a K1 Fiance Visa unless you earn the higher income requirement of 125% unless you have sufficient liquid assets to compensate for the lack of income or a co sponsor who does meet the requirements. Nothing could be more tragic than waiting for the K1 Fiance Visa to be approved, moving to the US, getting married and then not being able to secure Legal Residency for your spouse because you don’t earn enough money to qualify for a Green Card.
Summarizing the process for Adjusting Status as a Student to become a Legal Permanent Resident of the US
Every year students who come to the US to study on either a J1 or F1 Student Visa meet someone, fall in love and then wish to get married and live in the United States. The process of applying for legal residency based on marriage to a US Citizen is called and Adjustment of Status. This adjustment allows a student, once married to a US Citizen, to live and work in the United States as a Legal Permanent Resident of the United States.
There are a few basic requirements that a student must meet to successfully apply for an Adjustment of Status. These requirements are:
- Valid legal entry into The United States (with an approved student visa) and attendance in school as originally contemplated
Getting Married And Adjusting Status On A Visitors Visa
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.
K1 Fiance Visa or CR1 Marriage Visa, Which One Is best For Me?
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:
- Faster processing times. Typically 10-14 months to obtain the Visa
Current Processing Times for CR1 and IR1 Marriage Visas
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
K1 Fiance Visas For Same Sex Couples
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.
Pictures And Proof of Relationship for a K1 Fiance Visa
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.
K1 Fiance Visa Processing Times Are Improving
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
Filing Fees for Family Based Visas and Applications for Adjustment of Status have increased as of April 1, 2024
The filing fees for various Family Based Visas have increased as of April, 1, 2024.
Some Good News From Manila for K1 Fiance Visa Applicants
- 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
