Articles Posted in CR1 Marriage Visa

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I like Chat GPT and the various other AI services. Like with the advent of email and the internet, it’s another good step forward for humanity. I am not afraid of AI. I use it and will continue to use it when it directly helps me provide better service for my clients. But AI and Chat GPT don’t know more than I do when it comes to applying for a Fiance Visa, or a Marriage Visa or helping someone Adjust Status to become a Legal Permanent Resident. I have long provided the same detailed and useful information on my web page that you will get from Chat GPT, but without the possible mistakes or misunderstandings.  And because I offer unlimited free consultations, you’re better off calling me than using AI. I will answer your questions, provide you with options, discuss possible outcomes, share with you potential problems, disclose any anticipated changes to the law, provide definitive prices for my services, and otherwise give you accurate answers based on my many years of experience.  Consulting with me is faster and more accurate than AI.  Falling in love is a human process with nuances that only a human can fully understand, appreciate and discuss.  And if you find yourself comfortable talking with me about your relationship, then you will have likely found your lawyer. I am guessing you didn’t use Chat GPT to find or fall in love with your fiance or spouse, so maybe you shouldn’t rely on it to help you be together for a lifetime.
I am always happy to speak with anyone about their matter and provide answers to their question without a fee. Don’t type, call!
Attorney Jeff Pettys
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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 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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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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As best as I can tell, with the various Embassy and USCIS office closures, I expect processing times for K1 Fiance Visas, Marriage Visas, Adjustment of Status to Legal Permanent Residency and other Family Immigration matters to increase by at least a few months.  At this time, some Embassy interviews have been canceled, but those interviews will be rescheduled as soon as possible. For those who have visas issued, but cant travel to the US because of a travel ban, that too will pass.
Our office is still working every day to help our clients and we are continuing to work on and file all Visa applications. As always, you are welcome to call me with questions. You can reach me toll free at 888-515-3529.
Stay safe and healthy for your loved ones and family.
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Many of my clients who file for a K1 Fiance Visa, also wish to have a wedding in their fiance’s home country before using the K1 Fiance Visa and traveling to the US. Its understandable that your fiancé would like his or her family to participate in this joyous occasion, but technically, this cannot not be done. The reason you cannot get married before using the fiancé visa is because once legally married, your fiance is no longer a fiancé, but now a spouse. The K1 Fiance Visa can only be used by a fiance. However, there may be a compromise that you might consider. Instead of a wedding, have an engagement ceremony. Your engagement ceremony can look and feel a lot like a wedding, it just can be a legal marriage. Your family can attend, celebrate your expected union and be a part of your great moment.
So you don’t make any mistakes, I recommend that you determine what legal steps you would normally have to take to become legally married in the country of your finace and make sure you don’t follow those requirements. For example, if a marriage license is required to get legally married in your fiance’s country, don’t apply for one. If becoming legally married requires ceratin paperwork to be filed after the ceremony, don’t fill out the paperwork and ceratinly dont file it. Remember, to qualify for a Fiance Visa, you cannot be married.

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To begin with, a prenuptial agreement is a contract made between a couple getting married which typically sets forth how they will divide assets, property and income in the event the marriage breaks up. Many couples elect to enter into a prenuptial agreement before getting married.
The I-864 Affidavit of Support is a contract between the Sponsor of an Immigrant Visa and the US Government that requires the sponsor promise to provide whatever amount of financial support is needed to insure that the immigrant is financially taken care of by the Sponsor and that the Immigrant will not require government support.  It is required for all CR1 Marriage Visas and when applying for an Adjustment of Status to become a Legal Permanent Resident of the US. Pursuant to the terms of the I-864 Affidavit of Support, if the sponsor fails to support the immigrant as required and the immigrant incurs debt or seeks financial assistance from the government, the sponsor can be held liable for the debt or the government’s assistance. In other wards, the government can sue the sponsor for reimbursement of any funds or expenses it incurs on behalf of the Immigrant.
The existence of a pre nuptial agreement does not affect or invalidate the terms of the I-864 Affidavit of Support. This is because the I-864 Affidavit is an agreement between the Sponsor and the US Government. It is seperate and distinct agreement from any contract the parties to a marriage may have entered into on their own.
In fact, the I-864 remains in affect until one of these factors occurs:
  • The Immigrant is no longer a Legal Permanent Resident and has departed the US;
  • The immigrant becomes a US Citizen;
  • The Immigrant has worked for 40 quarters (10 years) of coverage under the Social Security Act.
  • The Immigrant Dies

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The application for a K1 Fiance Visa and/or CR1 and IR1 Marriage Visa requires the Petitioner (US Citizen) to prove that he or she has the income to support the application. In the case of a Fiance visa, the Petitioner must file an Affidavit of Support using form I-134. For a CR1 or IR1 Marriage Visa, the form is an I-864 Affidavit of Support.

Unfortunately, in the case of a Fiance Visa, you cannot use the foreign fiancés (also known as the beneficiary) income to help meet the financial requirements of a Fiance Visa application. For this visa, only the Petitioner or a close family relative of either party, acting as a co sponsor, can be used to provide evidence of income to meet the Fiance Visa application requirements.

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There are various sources of income and assets that can be used to meet the requirements of an I-864 Affidavit of Support for a CR1 Marriage Visa or Adjustment of Status to LPR.
The easiest and most commonly used source is income. The I-864 Affidavit of Support requires the petitioner to earn at least 125% above the Federal Poverty Guideline for your family size.  When your income meets or exceeds the required amount, you qualify. There is no need to provide any further sources of income or assets. However, when the petitioners income does not meet the required level, you will need to provide other sources of income and/or assets to make up any differences.  In lieu of the petitioners income, you may also submit evidence of:
  • Sponsor’s assets
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