FAQ

No, you do not necessarily need a lawyer to apply for a green card through marriage.

However, having legal support can be beneficial. A lawyer can review your application to ensure your information is correct and your evidence is strong, which can lessen the chances of your green card application being denied.

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Why Choose Fengey Over a Lawyer

On average, you can expect legal fees to range from a few thousand dollars to several thousand dollars for marriage green card cases.

For 2024, entry-level lawyers typically charge a starting rate of around $2,000 for marriage-based green card services.

More experienced lawyers can charge up to $8,000. These include legal support, document preparation, representation during interviews, and ongoing guidance.

Top-tier law firms and lawyers can charge between $8,000 to $15,000, or even more. These costs are often justified by the firm’s standing, comprehensive legal assistance, tailored service, and representation in intricate matters.

The cost of engaging a lawyer for a U.S. green card via marriage can vary significantly based on various factors. These include the intricacy of your case, the attorney’s level of experience and specialization, your location, and the specific services required.

USCIS denied around 24% of K1 fiancé visa applications in 2023, with 13,833 out of 56,494 applications denied. The denial rate in the fourth quarter of FY 2023 was notably higher compared to the 19% denial rate in 2022.

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Tips to increase your chances of K-1 Approval

Yes, you can marry your fiancé while your I-129F petition is pending. However, getting married before the approval of the I-129F would mean you then need to file a spousal visa application (CR-1) rather than the fiancé visa (K-1) petition. If you plan on getting married while your I-129F petition is still in progress, it’s best to seek advice from an immigration attorney.

Learn more about the eligibility requirements, processing time, and costs of Form I-129F (Petition for Alien Fiancé)

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Yes, you can get married before your K-1 visa is approved.

However, you should note that the K-1 visa is specifically designed for unmarried couples who plan to marry within 90 days of the foreign partner entering the United States.

If you get married before the K-1 visa is approved, you need to switch to applying for the spousal visa (CR-1) rather than the fiancé visa (K-1) petition.

It’s essential to follow USCIS guidelines and get guidance from an immigration attorney if you plan on getting married while your I-129F petition is still in progress, or if you have any questions about your visa status.

Overall, sponsors are obliged to support their partners financially until they achieve U.S. citizenship or fulfill specific work requirements under the Social Security Act.

The financial responsibility for a K-1 visa petitioner begins during the initial sponsorship process, where they must show the financial means to support their fiancé(e) while the K-1 visa application is pending.

Sufficient financial support should be provided by the U.S. citizen sponsor to the K-1 applicant to prevent reliance on public benefits.

If you entered the U.S. legally on a temporary visa (such as a tourist, work, or student visa) and then married a U.S. citizen, you may be eligible to apply for a green card in the U.S. This process is called Adjustment of Status. However, the length of your overstay matters:

Overstay less than 180 days: You may still qualify to adjust your status without having to leave the country.

Overstay more than 180 days: You will likely need to return to your home country and apply for a green card through a U.S. consulate.

• Overstaying for nearly 6 months to 1 year can lead to a 3-year ban from the U.S.
• Overstaying for more than 1 year can lead to a 10-year ban from the U.S.

To adjust your status to a marriage green card, you have to prove your relationship is real and that you didn’t enter the U.S. intending to marry a U.S. citizen.

IMPORTANT: ‍

If you entered the U.S. illegally, you are not eligible for Adjustment of Status. You must apply for a green card through a U.S. consulate abroad.

If you entered the U.S. on a K-1 fiancé visa sponsored by a different U.S. citizen than the one you intend to marry now, you are not eligible to remain in the U.S. and adjust your status.

Yes, even after obtaining a green card through marriage, there are still circumstances under which you could be deported.

While a marriage-based green card is a significant step toward secure legal residency in the United States, it doesn’t offer absolute protection against deportation.

Being aware of the following conditions can help you maintain your status:

• Genuine Relationship: Ensure that your marriage is genuine and not solely for the purpose of immigration benefits to avoid risks of deportation.
• Self-Sufficiency: Minimize dependency on public assistance as much as possible, as this can be a factor in deportation decisions.
• Adherence to Laws: Stay connected to communities or activities that promote safety and legality, avoiding any associations that might be seen as threats to national security.
• Compliance with Immigration Laws: Keep on top of your obligations such as maintaining continuous residence, working only with proper authorization, and adhering to the terms of your visa.
• Avoiding Criminal Activity: Stay clear of any criminal activities; serious crimes can lead to deportation proceedings.

Remember, staying informed and proactive about your rights and responsibilities as a green card holder is key to securing your future in the United States.

To sponsor a K-1 visa, the U.S. citizen must have an annual income meeting of at least 100% of the Federal Poverty Guidelines for their household size.

Note that the income threshold does vary, depending on factors such as the number of dependents in your household.

If you fail to meet this income requirement, you can enlist a joint sponsor to help fulfill the income level required.

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A Complete Guide to K-1 Visas

Typically, a K-1 fiancé(e) visa allows for quicker entry into the United States, whereas a marriage-based visa (also called a spouse visa) accelerates the green card process.

In 2024, the processing time for a K-1 visa application (Form I-129F) is 8-11 months and the processing time for a CR-1 spousal green card is 14.5 months.

Nonetheless, the CR1 visa may be a more economical choice for a foreign spouse seeking a green card. Once approved, it allows the foreign spouse to enter the U.S. already possessing a green card. In contrast, couples who marry in the U.S. under a K-1 visa must subsequently file for an adjustment of status to obtain a marriage-based green card.

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The differences between a CR1 marriage visa and a fiancé visa

Yes, if you have submitted an Affidavit of Support.

Marrying an immigrant is a wonderful step, and there are some important responsibilities to understand when marrying an immigrant. One of these is the Affidavit of Support, a legal agreement where you pledge to financially support your spouse. This helps ensure they have the resources to succeed and can integrate without depending on public assistance programs.

Typically, this obligation continues until your spouse becomes a U.S. citizen, accrues 40 qualifying work quarters in the U.S. (roughly 10 years), permanently departs the country, or passes away.

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Everything you need to know about the Affidavit of Support (USCIS Form I-864)

The 2-year rule for the K-1 visa means you need to prove that you and your fiancé(e) have met in person at some point within the last two years.

This is to ensure your relationship is real before you start the visa application process.

You can use various documents like flight tickets, photos together, hotel bookings, or any other tangible proof of being physically together to meet this requirement. Keep in mind that exceptions may apply, such as cases of extreme hardship or situations where meeting in person would go against specific religious, cultural, or social norms.

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‍K-1 visa requirements, explained

Depending on your specific situation, hiring a lawyer for your K-1 visa application can provide numerous benefits, including:

1. Legal Expertise – Immigration lawyers provide legal expertise and specialized knowledge of K-1 visa requirements and possible legal challenges involved in acquiring one.
2. Personalized Guidance – Immigration attorneys can give tailored legal advice based on your unique circumstances, improving your chances of visa approval.  
3. Document Preparation –  Lawyers can help you prepare and complete your entire K-1 visa application, including all government forms and supporting documents. This minimizes your risk of delays or denials due to errors.
4. Peace of Mind – Consulting a lawyer can bring peace of mind and confidence that your K-1 application is as strong as possible and you are setting yourself up for success.

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The K-1 Visa Process

Typically, the sponsoring spouse’s financial obligation lasts until their immigrant spouse obtains U.S. citizenship or accumulates 40 qualifying quarters of work in the U.S. (approximately 10 years) based on the Social Security Act guidelines.

If any of the categories below apply to your situation, you may not be eligible to sponsor an immigrant in the United States:

1. Those with a criminal history including:

• Aggravated assault or battery
• Child abuse or neglect
• Domestic violence
• Drug trafficking or distribution
• Fraud or financial crimes
• Human trafficking
• Theft, fraud, or dishonesty
• Sexual offenses
• Terrorism-related offenses

2. Those who are not a lawful permanent resident or citizen of the United States

3. Previous sponsors of immigrants who later became public charges

Always tell the immigration officer the truth when asked. Even so, it is best to avoid having to say any of the following:

• “I’m not familiar with U.S. immigration laws.”
• “Actually, I have applied for asylum in another country.”
• “I don’t have travel insurance.”
• “I don’t know where I’ll be staying.”
• “I’m not sure about the details of my visa application.”
• “I’ve been denied a visa before.”
• “I’m still figuring out my immigration status.”
• “I don’t have proof of medical examinations or vaccination proof.”
• “I don’t know how to comply with visa conditions during my stay.”
• “Do I look like a terrorist to you?”
• “Can I engage in business activities beyond those allowed by my visa?”
• “I have plans of volunteer work even without authorization.”
• “I plan to travel to restricted areas.”
• “Can you tell me more about the consequences of violating visa rules?”
• “I intend to take each day as it comes and engage in freelance or independent work with or without authorization.”
• “Is the immigration process really this slow?”
• “I don’t have a return ticket yet.”
• “I plan to join election campaigns and root for my chosen candidate in the country.”
• “I want to engage in demonstrations and rallies for various causes.”

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All About U.S. visa interviews

If, for any reason, your plans change and you are unable to marry within the 90-day period allowed on a K-1 visa, here is what will happen:

1. Expiration of Visa – Your visa is valid for a 90-day time frame so that you can get married within that period. If you don’t get married, your visa will expire, and you may need to leave the United States.
2. Change in Legal Status – If you don’t get married within 90 days, your legal status changes as your visa expires. You will have no reason to stay in the country.

What are the next steps?

You may ask for an extension of your K-1 visa if you have valid reasons for the delay. Examples of valid reasons include unforeseen circumstances such as medical or family emergencies, or travel constraints stemming from natural calamities. Other valid reasons include legal concerns such as ongoing divorce proceedings or unresolved immigration issues.

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Get a Better Understanding of the K-1 Visa Process