United States Fiance Visas and Adjustment of Status

United States Fiance Visas and Adjustment of Status

The purpose of this article is to enlighten readers about the pros and cons of processing a US K-1 fiance visa versus an Immigrant spouse visa. For American Citizens who have an alien fiancee the K-1 visa is a commonly utilized travel document for bringing the foreign loved one to the United States. To a certain extent, the fiance visa is merely an entry document as the K-1 visa beneficiary must legally marry the K-1 visa petitioner within ninety (90) days of admission to the USA and petition for adjustment of status. Adjustment of status can be costly in terms of both time and resources. Therefore, having an understanding of the K-1 visa process as well as immigrant spouse visas can provide a solid platform from which to make an informed decision regarding all of ones American Immigration options. When discussing the K-1 fiance visa and the adjustment of status process it is prudent if prospective American petitioners understand the travel documents commonly referred to as Immigrant spouse visas. The officially designated categories of immigrant spouse visas for spouses of American Citizens are the CR-1 visa and the IR-1 visa. These are officially referred to as immediate relative visas and those entering the United States for the first time on either a CR-1 visa or an IR-1 visa are accorded lawful permanent residence upon lawful admission to the USA. Those thinking about bringing their loved one to the USA should take note of this fact as the K-1 visa does not permit the K-1 visa holder to enter the United States in lawful permanent resident status. To a certain extent, the Immigrant spouse visas are a more reasonably priced immigration option in terms of resources as the alien spouse coming to the USA in lawful permanent resident status is not required to adjust their status after admission. Currently, the official fee which must be paid in order to apply for adjustment of status is over one thousand (1,000) United States dollars. Again, those individuals entering the U.S. in IR-1 or CR-1 visa status are not obligated to apply for adjustment of status and therefore would not need to pay the I-485 filing fee. CR-1 visa holders will enter the USA in Conditional Lawful Permanent Resident status if they have been married less than 2 years to their American spouse at the time of admission to the USA. Those in Conditional Lawful Permanent Resident status must, at some point, petition to have the conditionality of their residence removed. Even though Immigrant visas may prove to be a less costly travel document, it should be noted that it currently takes more time to actually obtain an Immigrant visa as opposed to a K1 fiance visa. It is commonly felt that at the time of this writing it takes about eleven (11) months to process an Immigrant visa. Meanwhile, it takes approximately six (6) or seven (7) months to process an American K-1 fiance visa. Thus, when forming a strategy with regard to immigration bi-national couples ought to take these timing estimates into account especially if a couple has not yet legally gotten married.

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