3 Mistakes to Avoid When Applying for a K-1 Fiancé Visa in the United States 

 

Applying for a K-1 fiancé visa can be overwhelming, especially when dealing with the complexities of marriage immigration law, green cards, and adjustment of status processes. Additionally, a mistake on your application can cost you a lot of time and money. That’s why hiring an immigration lawyer is beneficial.

 

If you’re looking a an award-winning California Immigration Lawyer with 35+ years of success, contact the Feldman Feldman Immigration Law Firm today at 1-619-299-9600 for a consultation regarding your immigration options.

 

Understanding Marriage Immigration Law

 

The U.S. Citizenship and Immigration Services (USCIS) adjudicates marriage-based adjustment of status applications (green cards) by considering the workload of the Field Office or Service Center processing the I-130/485 applications. USCIS provides processing times on their website, indicating how long it took to process 80% of cases in the past 6 months. However, these times should be used as a reference, not an absolute measure of your case’s duration.

 

Local USCIS Field Office Processing

 

It’s crucial to consider the processing time of your local USCIS Field Office. This office will eventually schedule an in-person interview to verify the legitimacy of your marriage and fulfill other green card requirements.

 

Service Centers Processing Form I-130 Petition for Alien Relative

 

Currently, six Service Centers process the Form I-130 Petition for Alien Relatives. These include:

• • California Service Center (CSC)
  • Nebraska Service Center (NSC)
  • Potomac Service Center (PSC)
  • Vermont Service Center (VSC)
  • National Benefits Center (NBC)

 

Determining Your Service Center

 

You can determine which Service Center is processing your I-130 petition by looking at the first three letters of your receipt number. USCIS sends your I-130/485 receipt notices approximately 2-4 weeks after filing your applications.

 

Average Processing Times for Form I-130 and Form I-485

 

Form I-130, Petition for Alien Relative

 

For U.S. Citizens filing Form I-130 for a spouse, USCIS is currently taking about 15 to 18 months on average to process these petitions as of May 2023, although historically they have been much faster.

 

For green card holders filing Form I-130 for a spouse within the United States, the reported processing time is approximately 25 to 28 months on average as of May 2023. Again, historically the processing times we have seen are much faster.

 

Form I-485, Application to Register Permanent Residence or Adjust Status

 

On average, the processing time for Form I-485 is around 20 to 22 months for all field offices. However, actual processing times can vary based on factors such as the service center handling your application, your local field office, and the complexity of your case. The San Diego field office is currently one of the faster processing locations. 

 

Work and Travel Permits for Adjustment of Status Applicants

 

Adjustment of status applicants can file Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, along with their Form I-485, without any additional filing fee.

 

Choosing Between K-1 Fiancé Visa and Marriage-Based Green Card

 

Given the current processing times, couples may consider whether to pursue a K-1 fiancé visa or a marriage-based green card. Deciding which approach is best depends on a variety of factors, such as:

• • Is the couple already married
  • Is the foreign national in the U.S.
  • Where does the couple want to get married.
  • Can the foreign national travel to the United States
  • Employment considerations for both spouses

 

An immigration attorney can talk through the different options, and help decide whether a K-1 fiancé visa, marriage based adjustment of status (in the U.S.), or consular processing of a marriage based green card is best.

Processing Times for K-1 Fiancé Visa

 

As of 2023, the processing time for a K-1 fiancé visa is nearly the same as that of a spousal visa, both taking close to a 2-year waiting period.

 

Expedited Processing for Marriage-Based Visas

 

In certain cases, applicants may be eligible for expedited processing of their marriage-based visa. To request expedited processing, applicants should review their local U.S. Consulate or Embassy’s webpage for instructions and consult with an experienced immigration attorney.

 

What Happens if You Get Married While Your I-129F Petition for Alien Fiancé is Processing?

 

If you marry your fiancé before receiving approval and issuance of your K-1 fiancé visa, your case will be considered terminated. In such situations, you will need to file a new application called Form I-130, Petition for Alien Relative, to bring your foreign spouse to the United States.

 

Choosing Between Fiancé Visa and Spousal Visa

 

The better option depends on your individual circumstances and goals. The fiancé visa is suitable for those who want to initiate their immigration process as soon as possible, while the spousal visa offers a more streamlined process.

 

Finding the Best Attorney in California for your K-1 Fiancé Visa Needs

 

Always start with a consultation to understand the process and any fees. Your immigration lawyer should take the time to explain what options are available and best for your individual circumstances, and what you should expect in the process.

 

In conclusion, seek legal advice from an immigration law firm dedicated to helping you achieve the best outcome. Contact Feldman & Feldman now at 1-619-299-9600 for a consultation regarding your immigration & visa options.