When to cut out the Middleman?
Angelica Rice • June 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.
On January 14, 2026, the Trump administration announced a freeze on immigrant visa issuance for nationals of 75 countries . The administration states that this “visa freeze” is intended to review security protocols, “reduce risks,” and control immigration flows. However, the immediate reality is that this change in policy has temporarily suspended visa processing and restricted travel for applicants from numerous countries across the globe. While the legal landscape surrounding these suspensions is highly fluid and subject to change, it is important to consider how this “visa freeze” might impact your current status or immigration plans. The scope of the restrictions varies drastically depending on your country of origin and specific visa category. Most notably, a nationality-based travel ban restricts visa issuance for 19 countries : Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. Beyond this targeted ban, a broader freeze affects applicants from a designated list of up to 75 countries, leading to indefinite delays for many visa petitions. However, it is important to note that immigrant visa applications first need to be processed through USCIS, which has not paused processing applications from the 75 countries. Thus, it is important to contact an attorney to understand at what point in the process this visa freeze may affect your case. While Brazil is included in the list of 75 countries, at the time of this publication, the freeze does not include non-immigrant visas for Brazil . Non-immigrant visas are granted to foreign nationals seeking to enter the United States on a temporary basis for specific purposes, such as tourism, studying, or temporary work. This means that Brazilian applicants can still safely pursue non-immigrant employment options, such as O visas for individuals with extraordinary ability or P visas for internationally recognized athletes, without being subjected to the current travel bans or suspensions. This alert is for informational purposes only and does not constitute legal advice. There are many changes and uncertainties, so please consult with a qualified attorney at Santos Lloyd Law Firm, P.C. to understand how these evolving policies might affect your specific case
Recent data in 2026 shows a sharp increase in Requests for Evidence across employment-based visa categories such as EB-1, EB-2 NIW, O, and H-1B. Requests for Evidence (RFEs) are no longer reserved for borderline cases; even robust petitions for high-level talent are facing unprecedented scrutiny. The expansion of the USCIS Vetting Center means automated tools are cross-referencing every petition, triggering RFEs for even the smallest inconsistencies. For EB-2 NIW petitions, adjudicators are increasingly questioning the "National Importance" of a candidate’s endeavor. Even for those with impressive credentials, USCIS now demands evidence of how their work specifically benefits the U.S. on a prospective basis. For O-1A and O-1B visas, officers are applying narrower interpretations of "distinction" and "extraordinary ability," often mischaracterizing evidence already present in the record. Additionally, a troubling 2026 trend is the correlation between Premium Processing and RFEs . For discretionary categories like EB-1A and EB-2 NIW, Premium Processing has increasingly become a "fast track" to a poorly reasoned RFE. Reports indicate that adjudicators, pressured by 15-business-day timelines, may be relying on AI-assisted vetting tools that trigger automated RFEs with general and boilerplate language, rather than a thorough review and analysis of supporting documents and evidence filed. With USCIS employing more rigorous AI-driven vetting and a narrower interpretation of visa criteria, the margin for error has disappeared . As such, ensure you consult with an experienced immigration attorney before filing a petition. ' If you have any questions, please schedule a consultation with one of our experienced attorneys, and we will be more than happy to assist you.
In recent weeks, the U.S. government has moved to terminate Temporary Protected Status (TPS) for multiple countries, sparking a wave of last-minute litigation and creating significant uncertainty for beneficiaries. This shift is having a profound impact on those who rely on TPS for lawful presence and work authorization in the United States. Across the country, federal courts have intervened to pause or block scheduled TPS terminations for several countries, including Burma (Myanmar), Ethiopia, Haiti, South Sudan, and Syria. In response to these court orders, USCIS has updated its webpages to indicate that TPS status and related Employment Authorization Documents (EADs) are extended for these populations. However, USCIS is intentionally not providing specific new end dates for EAD validity while the litigation remains in flux. The Department of Homeland Security (DHS) has prominently noted that it "vehemently disagrees" with these court orders and is actively working with the Department of Justice on next steps. This legal landscape remains highly unpredictable and varies drastically depending on the country of origin. For example, on February 9, 2026, the 9th Circuit Court of Appeals granted a stay allowing the government to proceed with the termination of TPS for Nicaragua, Honduras, and Nepal while the underlying legal challenges continue. Because of this ruling, the automatic extension of work authorization for these individuals has ended, and employers are now required to reverify the work authorization of affected employees, who must present alternative valid documentation to continue their employment. These rapid changes and the lack of clear end dates are causing complications beyond the workplace. Because driver's licenses often track the length of an individual's authorized stay, many DMVs are currently declining to issue or renew driver's licenses for impacted TPS populations. For employers, managing internal communications, avoiding onboarding errors, and navigating Form I-9 compliance has become increasingly complex. It is more important than ever to be well-prepared and proactive in monitoring these rapid changes. At Santos Lloyd Law Firm, P.C., our immigration attorneys are ready to guide you through this evolving process and ensure you are informed, and supported. Please contact us if you have questions or need assistance.
