The K-1 visa was created to allow international fiancé(e)s of U.S. citizens to legally visit the country to marry their U.S. citizen fiancé(e) and apply for a green card.
At Andres Mejer Law, we consider it a privilege to be entrusted with guiding our clients through the K-1 fiancée visa process safely and efficiently. It gives us great pleasure to know that we played a significant role in assisting a couple in starting their lives together.
With this in mind, we create an appropriate and personalized strategy, pay close attention to detail, ensure legal compliance, and maintain open communication with our clients, USCIS, the National Visa Center, and the U.S. Consulate abroad to ensure that the process is navigated safely and efficiently. We use our extensive K-1 visa knowledge to guide you through the K-1 fiancée visa procedure securely and effectively. In this article, we will give the lowdown on K1-visas to answer your questions, including “How much do fiance visas cost?”
Our immigration attorney pays attention, communicates, responds to issues, and upholds the highest legal, ethical, and professional standards. Our clients may feel confident that their cases will be handled properly, efficiently, and safely with these factors in place.
What is a K-1 Visa?
The K-1 fiancé(e) nonimmigrant visa is for the foreign-citizen fiancé(e) of a U.S. citizen. The K-1 visa allows the foreign fiancé(e) to travel to the United States to marry their American citizen sponsor within 90 days of arrival. The foreign national will next apply to the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), for a change of status to lawful permanent resident (LPR). Because a fiancé(e) visa allows the holder to move to the United States and marry a U.S. citizen shortly after arrival, the fiancé(e) must fulfill some immigrant visa conditions. It is worth noting that the children will be issued K-2 visas if they are eligible children of K-1 visa applicants.
What is a “Fiancé(e)”?
A foreign-citizen fiancé(e) of a U.S. citizen who has been given a nonimmigrant K-1 visa for travel to the United States to get married is the recipient of an accepted Petition for Alien Fiancé(e), Form I-129F. Both the U.S. citizen and the K-1 visa applicant must have been lawfully free to marry when the petition was submitted and must have remained so afterward. The marriage must be legal under the United States state laws in which it will take place.
In general, the foreign fiancé(e) and U.S. citizen sponsor must have met in person within the previous two years. USCIS may allow an exemption to this criterion if meeting the foreign-citizen fiancé(e) directly would be extremely difficult for the U.S. citizen sponsor.
What Are the Requirements for a K-1 Visa?
You and your fiancé(e) must complete the following conditions to acquire a K-1 visa:
- The couple must have met in person within the past two years.
- Both parties must be free to marry, and any former marriages must have been legally ended by death, annulment, or divorce.
- The U.S. citizen must sponsor the foreign citizen by filing a Form I-129F with the United States Citizenship and Immigration Services (USCIS).
- The couple must legally marry within 90 days of the fiancé(e) ‘s entry to the U.S. after receiving the fiancé(e) visa.
It’s crucial to understand that the I-129F form will demand various paperwork, medical examinations, fees, and vaccines. Working with a specialized immigration law firm can assist in guaranteeing that your Form I-129F is accepted and that your fiancé(e) can enter the United States legally.
What Are the Expenses Associated with Obtaining a Fiancé(e) Visa?
Suppose you and your spouse are considering applying for a fiancé(e) visa and obtaining a green card through marriage. In that case, it’s crucial to understand how much it will cost to file a visa application with the government. The prices vary depending on the circumstances of each particular case. Still, they will be determined by the process and procedures you will need to go through to obtain a nonimmigrant visa and petition for permanent residence status for your immigrant spouse.
You should consult with an experienced immigration attorney before proceeding with your application for a fiancé(e) visa. This will allow you to assess whether or not you are eligible and your best options for the upcoming steps.
Visa Application
Filling out Form I-129F Petition for Alien Fiancé(e) and performing a criminal background check on both of you are the first steps in the visa application process. In most cases, this will cost between $2,000 and $4,000, with an additional $500 to $1,000 for each dependent they intend on bringing with them to the United States.
- For the U.S. Citizen. Your immigration lawyer will require an evaluation of your criminal history. The Federal Bureau of Investigation (FBI) will need to do a background check on you if you’ve been arrested in the recent past. Depending on whether any major crimes are discovered, you may be required to reopen those offenses and attempt to amend the outcome through Post Conviction Relief (PCR). A motion for PCR can be expensive, as the severity of the conviction determines the fee.
- For the Foreign Citizen Fiancé(e). A criminal background check will also be required for your fiance. If your immigrant fiancé has made false statements in the past, they may be required to obtain a waiver, which usually costs between $3,000 and $6,000. If they were to be charged with any crimes, they would have to defend their right to receive a green card later. The price will vary depending on the charges they impose.
Financial Affairs
As soon as you’ve completed the petition form and resolved any issues arising from you and your partner’s background checks, you’ll need to apply for a nonimmigrant visa through the Department of State by filing an Online Nonimmigrant Visa Application (DS-160) and an Affidavit of Support in Form I-134. This procedure will cost between $2,000 and $4,000 to complete.
- If You Earn Enough. If your affidavit successfully establishes your ability to support your fiance, they will be required to have an interview at the U.S. consulate or embassy in their country of residence. They will have 120 days to enter the United States once their application has been granted.
- If You Don’t Earn Enough. To continue with the visa application process, you’ll need to either find a means to make more money (for example, by working longer hours or taking a higher-paying job) or locate a shared sponsor to help you out. According to the complexity of your case, including a joint sponsor will cost you anywhere from $500 to $1,000 in fees.
- If You Owe Back Taxes. You may need to pay back taxes or engage in a payment plan with the Internal Revenue Service (IRS) to remain current throughout the visa application process. It is something that an accountant can assist you with.
- If You Owe Child Support. In a similar vein, you may wish to pay it off or sign into a payment plan to bring your account current. A child support modification through the courts can cost anywhere from $3,500 to $7,000. The amount you pay will depend on the specifics of your case.
Green Card Application
The application for your spouse’s green card can be made using Form I-485, Application to Register Permanent Residence after your partner has entered the United States and the two of you have married. In this stage, your partner will transition from a fiancé visa to a lawful permanent resident status. It is important to note that this must be done within 90 days of their arrival in the United States. There would be some requirements if they brought any dependents under the age of 21. You must file Form I-485 for each one of them as an immediate relative and pay the government filing fee for each one of them.
Interview Fees
The final step in obtaining an adjustment of status for your immigrant spouse is to appear for a green card interview at one of the USCIS regional offices nationwide. The average cost for attending the interview with you is approximately $1,500. If you’re lucky, the officer will be able to approve your petition the same day you submit it. If not, they will have 120 days to make a decision.
The expenses outlined above take into account nearly every possibility. Because they have only been in the United States for a short period, it is uncommon for immigrants to be required to file waivers or defend themselves during the green card stage. However, understanding the cost helps you budget for your immigration process fees. The entire process takes 16 to 24 months and costs a total of $6,000 to $9,000 in attorney’s fees and expenses.
What Happens After Receiving a Fiancé(e) Visa?
A K-1 visa isn’t the same as a green card or proof of permanent residency. With a K-1, the foreign citizen fiancé(e) will be eligible to marry their U.S. citizen sponsor in the United States. After the couple marries, the foreign citizen can apply for a green card by adjusting their status.
If the pair does not marry during the 90-day term in the United States, the foreign citizen must leave the country or face being found in breach of immigration law, which might jeopardize future attempts to enter the United States.
Get in Touch With an Experienced Immigration Attorney
Applying for a fiancé(e) visa may be time-consuming and challenging. A large number of documents must be presented on time. Documents that are not presented by their due dates may cause the visa procedure to be delayed. Because of these conditions and time limits, you are strongly advised to contact an immigration attorney before initiating any legal action.
A competent immigration lawyer can help you through this procedure and increase the chances of your application getting approved. Call Andres Mejer Law now to speak with one of our experienced immigration attorneys about getting excellent and reasonable legal help.
