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The real advantage of the K1 Fiance Visa is the relatively quick processing time for acquiring the visa. From start to finish, it takes about 6-7 months. By contrast the CR1 Marriage Visa takes 12- 13 months to obtain. The process of acquiring a K1 Fiance Visa begins with the filing of the I-129f Petition for an Alien Fiance with USCIS. If all goes well, you should have your initial approval in about 4 months. Then the application is sent directly to the US Embassy closest to where your fiancé is living. In about 30 days, the US Embassy will contact your fiancé and provide him or her with their instructions for continued processing. Once all US Embassy forms have been submitted, the Embassy will schedule the Fiance Visa interview. Most interviews are schedule within 30 days of completing the Embassy requirements. The process of working with the US Embassy takes about 2-3 months in total. Once approved, the Visa will be delivered to your fiancé in about 10 working days.

If you have questions about the K1 Fiance Visa or would like to discuss the benefits of a CR1 Marriage visa, please feel free to call me toll free at 1-888-515-3529.

Attorney Jeffrey C Pettys

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Yes. Once your fiancé arrives in the United States on a K1 Fiance Visa, he or she can immediately apply for permission to work by filing form I-765, Application for Work Authorization. If your fiancé applies for work authorization upon his or her arrival and before getting married, the permission to work would be good for about 90 days.

The better approach is for the fiancé to get married first and then apply for his or her Legal Permanent Residency and work authorization at the same time. Waiting to marry first and then filing for your work authorization along with your application for Legal Permanent Residency will give you permanent permission to work, so long as you remain a Legal Permanent Resident and/or Citizen of the United States. Plus, if you file for your work authorization along with your request for legal permanent residency, USCIS will waive the $380 filing fee normally charged to file form I-765, Application for Work Authorization. That’s a big savings.

If you have any questions about obtaining permission to work while in the United States on a K1 Fiancé Visa, you are welcome to call me anytime toll free at 1-888-515-3529.

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Spring is a busy time of the year for our office. In part because it coincides with graduation. And for this reason, I get lots of calls and questions from foreign students earning their degrees at US Universities, who have fallen in love with a US citizen and wish to get married and stay and work in the US. The good news is that in most cases, the student can get married, stay and apply for an Adjustment of Status to become a US Legal Permanent Resident.

Students typically enter the United Sates on either a J-1 Exchange Visa or an F-1 Student Visa. There are a few alternative procedures that a student can choose from depending on the type of visa originally granted to the student.

F-1 Visa

F-1 Visas are issued to students who wish to enter the United States to study at the high school level, college, conservatories and language schools. F-1 Visas are generally valid for the time period of study, including a brief grace period after the completion of the student’s course of study. Students on an F1 Visa can marry while in school and apply for their Legal Permanent Residency. Once issued, the student can live and work in the US without issue.

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USCIS requires a passport style photo for each K1 Fiancé and/or CR1 Marriage Visa application. The processing of your application may be delayed if you do not submit the proper type and size photo. Therefore, its important that the photo that you submit meets the visa requirements.
I recommend that you use a professional passport picture service, but in the event that you try and do the photos yourself, the photos must meet the following basic requirements:
  • The passport photos must be in color
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Many of my clients who travel overseas to spend time with their fiancés or spouses while waiting on a K1 Fiance or CR1 Marriage Visa, become fathers. After all of the excitement, the question becomes…….What do I need to do so my child can travel to the US with my fiancé or spouse?

The child of a US citizen born overseas only needs a US Passport to travel to the US. To obtain a US passport for the child, the couple must first file a Consular Report of Birth Abroad (CRBA) with the nearest US Embassy and follow all the required instructions.

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Only a US citizen can petition a fiancé for a K1 Fiance Visa. As you may expect, the Petitioner will have to demonstrate that he or she is a US citizen to obtain a Fiancé Visa. You can submit the following documents to prove your US Citizenship:
Copy of your Birth Certificate
Copy of your Certificate of Naturalization
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In all the excited of getting your approval from USCIS for your K1 Fiance Visa, many of you may wish to schedule your Embassy interview at the earliest date. This is understandable. However, you should not try and schedule your interview until you have received your K1 Fiance Visa instructions from the Embassy and you have completed each step required by the US Embassy. Further, I would not schedule your Embassy interview until after you have received the Petitioner’s I-134 Affidavit of Support and all of the supporting financial documents.
At the Embassy interview, you will be required to submit an original signed I-134 Affidavit of Support and the Petitioner’s supporting financial documents. This means that the Petitioner must mail these items directly to you before the interview. Unfortunately, there are times when the mail gets lost or delayed and you don’t want to show up to the interview without these forms and documents, nor do you want to try and re-schedule your interview. Be patient and wait until you have everything in hand first, and then schedule your interview.
If you have any questions about the K1 Fiance Visa, you are welcome to call me toll free anytime at 1-888-515-3529.
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Merry Christmas and Happy Holidays to all the great people and families that I have met throughout the years.

Every year I meet new people who are looking for Immigration help. All of my clients have meet someone special and were in need of a K1 Fiance Visa, CR1 Marriage Visa or help applying for an Adjustment of Status to become a Legal Permanent Resident of the United States. The best part of my job is getting to know my clients and sometimes, staying friends after the work is done. I try and follow the families that I have worked with to see how they are doing once the process has been completed and everyone is settled. I always look forward to the new pictures and updates that I receive every year. I especially like to hear about how my families have grown and how any children are doing after arriving in the United States. Its a big adventure for everyone and sometimes a big adjustment. I am always available to talk and consult with. And, you are always welcome to send me new pictures and updates. If you like, we can include your pictures in our new family Facebook page. Just email me your pictures and any news at pettysjeff@gmail.com. To see our new firm Facebook page, click the Facebook link on our web page.

Again, happy holidays to everyone. I wish you a great holiday season and a safe and prosperous new year!

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Whether you are filing for a K1 Fiance Visa or a CR1 Marriage Visa, you will be required to file an Affidavit of Support and prove that you meet the income/asset requirements of a petitioner.
For a Fiance Visa, you will be required to file Form I-134 Affidavit of Support. Whereas, for a Marriage visa and when you apply for Permanent Residency, you must file Form I-864 Affidavit of Support. Regardless, each form requires nearly the same supporting financial proof.
The first document that you will need to provide is a copy of your most recent tax return. If you have not filed your most recent tax return, you will need to file it, or show Immigration that you got an extension or that you are not required to file by law. In most cases, the petitioner has to show a copy of the most recent tax year tax return. You will also need to provide a copy of a W2 or 1099 to support the income listed on your tax return.

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A CR1 Marriage Visa is used for spouses and relatives of a US Citizen or Legal permanent Resident. To obtain a CR1 Marriage Visa, the US Citizen must file form I-130 Petition for Alien Relative. The current edition is dated 12/19/2012. Some previous editions are still accepted. File your forms and documents with USCIS at the address that corresponds to the state of the petitioners home residence. You will find this information on the form instructions or by visiting www.uscis.com. The current filing fee is $420.00. Your check must be made payable to The US Department of Homeland Security.

If you have questions about the CR1 Marriage Visa, you are welcome to call me anytime toll free at 1-888-515-3529.

Attorney Jeff Pettys

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Ohio Office
 1900 Polaris Pkwy #450-018
Columbus, OH 43240
Toll Free: 888-515-3529
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 10940 Wilshire Blvd #1600
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Toll Free: 888-515-3529

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