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When to cut out the Middleman?
Angelica Rice • Jun 10, 2022
Applying for a K1 Visa v. Going Straight to the Marriage green card Process
Picture this: your significant other finally proposed to you and you are excited, not only for wedding planning but to star t your green card process! One thing to decide before you pop the champagne and start vetting wedding vendors, do I apply for a K1 visa and then start the green card process or do I start the marriage green card process right away? Most people aren’t sure how to answer this question. So when do you apply for a K1 visa versus simply starting the marriage green card process? Keep reading to find out.
K1 Visas
A K1 visa is a visa that allows United States Citizens to bring their foreign resident fiancés to the United States, so that they can get married on United States soil and begin their lives together as soon as possible. Some of the key takeaways about a K1 visa are:
- They are only available for United States Citizens and their fiancés, Lawful Permanent Residents (i.e. Marriage green card Holders) are not eligible for K1 visas
- The foreign resident fiancé comes to the United States while the couple is engaged, before they are married, and the couple gets married in the United States within 90 days of the K1 visa holders arrival
- The K1 visa involves an extra step, that once the couple marries in the United States, the K1 visa holder needs to apply to adjust their status to that of a Lawful Permanent Resident, which requires an additional application and additional processing time before they have green card status
- You cannot work in the United States with a K1 visa unless you apply for and are granted an I-765 work permit after you enter the United States
- K1 visa process is usually faster than the Marriage green card process, however the K1 process ends up being more costly
Marriage Green Card Process
Couples usually opt to go straight for the Marriage Green Card process, and forego the K1 visa, when they have already married abroad or when the timeline for the foreign resident spouse coming to the United States is not urgent. When choosing this process, Lawful Permanent Residents or United States Citizens and their foreign resident spouses, file an I-130 application while the foreign spouse is still abroad, then once approved the foreign spouse attends an interview at the consulate in their home country, obtains an Immigrant Visa, and then obtains green card status once they use that visa to enter the United States. Some of the key take aways about the I-130 + Immigrant Visa (Marriage Green Card) process are:
- They are available to United States Citizens or Lawful Permanent Residents and their foreign resident spouses
- The foreign spouse needs to wait in their home country for the visa to be approved before they can come to the United States and be with their USC or LPR spouse
- This process is done once the couple is already married and if the couple married outside the United States, this cannot be done while the couple is only engaged
- Upon entering the United States with your Immigrant Visa and obtain your green card, you can freely work in the United States and do not need to file a separate application for a work permit
- This process usually takes longer than the K1 visa process, however it ends up being cheaper than the K1 visa process
Both a Marriage Green Card and K-1 visa accomplish an important goal - they allow you and your spouse to live together as a married couple in the U.S. The application type that makes the most sense for you depends on your situation and priorities, mainly on your preferences for wedding location (United States or abroad), timeline/urgency for being able to live together, need/ability for the foreign spouse/fiancé to work, and financial budget for the overall process.
To find out more information about each process and get help to determine which process is right for you, please contact one of our experienced attorneys.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
The U.S. Constitution protects all immigrants, including undocumented immigrants while participating in protests in the U.S. Here is a list of some of the rights covered in the U.S. constitution to consider when you are participating in protests: Right to free speech. The First Amendment prohibits the government from restricting your right to free speech. People have the right to participate in protests, marches, and demonstrations. Right to be free from retaliation. The First Amendment prohibits the government from retaliating against you for exercising your rights such as your right to free speech. Right to remain silent. The Fifth Amendment protects you from self-incrimination and provides the right to remain silent. Right against unreasonable search and seizure. The Fourth Amendment protects you against unreasonable searches and seizures. Right to speak to a lawyer. If you are arrested or detained, you have the right to speak to a lawyer. Keep in mind, if you are undocumented and you are participating in protests, you are at higher risk of being detained by immigration officials if they are present at the protest. If you are undocumented make sure you have a plan in place if you are arrested or detained by law enforcement or immigration officials. It is important to take precautions and if you are arrested or detained you should contact an attorney immediately. If you have questions, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
The latest policy alert, PA-2024-05, issued by the U.S. Citizenship and Immigration Services (USCIS) on March 21, 2024, brings revisions to the USCIS Policy Manual, specifically focusing on expediting requests. These updates aim to simplify and elucidate the process for applicants, particularly those facing emergencies or urgent humanitarian needs. The primary goal is to make it easier for applicants to understand how to request expedited processing for their various submissions, including applications, petitions, appeals, or motions, especially in cases concerning government interests or urgent situations. While USCIS has historically permitted immigration benefit seekers to request expedited application processing in specific circumstances, the process has frequently been perceived as unclear, with decisions made arbitrarily on a case-by-case basis. The recent update seeks to rectify this by providing clarity and uniformity to the process and establishing explicit criteria and documentation standards. In order to request expedited processing, applicants need to adhere to a more defined procedure. This involves submitting thorough documentation and illustrating the urgency or government relevance of their case. The recent update also explains how USCIS reviews these requests, offering applicants a better grasp of the process. The update introduces special measures for speeding up the processing of Form I-131 (Application for Travel Document) in emergency situations. This acknowledges the urgent need for certain applicants to travel. The policy also acknowledges that expedited requests may be evaluated if there is evident USCIS error, aiming to uphold fairness and accountability within the processing system. These changes aim to make the expedited request process more transparent and understandable for applicants and their representatives. In summary, USCIS's revision regarding expedited requests signifies a notable advancement in rendering the immigration process more transparent and attentive to applicants' requirements. By comprehending these updated guidelines, applicants and their representatives can more effectively navigate the expedited request procedure, ensuring that urgent cases receive due consideration. If you believe you qualify for expedited processing under the recent USCIS policy updates, feel free to contact our office, and we will be more than happy to assist you. FONT : https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5
As of April 1, 2024, USCIS has instituted an inflation adjustment to immigration application filing fees . These fee increases apply to a majority of the different application types, including family-based, non-immigrant, and immigrant petitions. As a part of these fee increases, USCIS has also instituted a new program designed to provide funding to the United States’ Asylum Program, in order to better address the massive backlog of pending asylum claims currently waiting to be adjudicated. Unfortunately, these changes have led to confusion among petitioners for when they are required to pay the Asylum Program Fee, and when they may qualify for a 50% or complete exemption from the fee. The Asylum Program Fee is required to be submitted by employers in all I-129 and I-140 petitions filed on or after April 1, 2024. The Asylum Program Fee is $600, however, certain exemptions apply . Small employers , defined as having 25 or fewer total employees, qualify for a reduction of the Asylum Program Fee, but are still required to submit a reduced fee of $300. Individual petitioners, or self-petitions, such as in the case of an EB-2 National Interest Waiver, are considered small employers for the purpose of the Asylum Program Fee and are also required to submit the reduced $300 fee. Non-profit organizations are exempted from the Asylum Program fee and are not required to submit any additional funds with the ordinary I-129 or I-140 filing fee. In addition, non-profits qualify for a 50% reduction of the ordinary filing fee in certain types of applications, bringing the overall filing fee burden down substantially for non-profit organizations. With these changes to USCIS’ filing fee schedule, USCIS is hoping for significant improvements to efficiency and processing for pending asylum applicants. If you or your petitioning organization need any assistance in preparing an application for an immigration benefit, including ensuring proper compliance with the new fee requirements, our office is ready and waiting to help!