by

I think there are a few important factors to consider when choosing an Attorney to help you file for a K1 Fiance Visa.

What your really looking for when you chose to hire an Attorney is piece of mind. The forms for filing a K1 Fiance Visa are all online with instructions. With the proper amount of time and focus, I think most people can fill out the forms themselves and file their petition. Certainly its helpful to understand the process and what needs to be done after the initial petition is approved by USCIS, but even the next set of forms required by The US State Department and Embassy can be learned online. The time for processing is determined by USCIS and the US State Department, not counsel. So when asking yourself whether you want to use an Attorney to help you or not, I think it comes down to what’s the value of your piece of mind. Hiring experienced counsel will take the stress out of the process, remove the time required to learn the process, and the fear that you will feel trying to do it yourself without making a mistake.  Hiring counsel will give you the assurance that all will be done correctly and when its supposed to be done and that the visa will be issued as expected.

Choose an Attorney who will talk with you up front to understand your circumstances and hear first hand whether you have met the basic requirements of a K1 Fiance Visa. You should not have to pay to ask questions to determine if you qualify or if the lawyer will take your case.

Continue reading →

by

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.

Continue reading →

by

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
Continue reading →

by

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.

Continue reading →

by

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
Continue reading →

by

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

Continue reading →

by

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.

Continue reading →

by

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.

Continue reading →

by

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

Continue reading →

by

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.
Continue reading →
Business Consumer Alliance Expertise Badge 10 best 2020 Client Satisfaction The National Advocates - Top 100 Member
The National Advocates - Top 100 Lawyers
Proud Member - Business - Consumer - Alliance
Best of the Best Attorneys
Contact Information
Ohio Office
 1900 Polaris Pkwy #450-018
Columbus, OH 43240
Toll Free: 888-515-3529
Los Angeles Office
 10940 Wilshire Blvd #1600
Los Angeles, CA 90024
Toll Free: 888-515-3529

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2014 – 2026, Law Offices of Jeffrey C. Pettys
JUSTIA Law Firm Blog Design