This week’s #MythMonday asked:
Myth or Fact? A Fiancée Visa (K-1 Visa) is the fastest way for my partner to get a green card.
The short answer: NO. It’s a myth.
Why It’s a Myth?
It’s so easy to watch a show like “90 Day Fiancée” and think, “Wow only 90 days to get a Green Card?” The truth is it takes a whole lot longer than 90 days to get a Green Card in ANY circumstance. The 90 days is the time you have to get married after your partner arrives in the US. Planning a wedding in 3 months is… challenging to say the least. Most couples end up getting married by going to the court house and then having a larger ceremony at a later date.
BUT, that’s not exactly why it’s not faster than a marriage based petition. Take a look at the graphic below to get a better understanding of the process. (Click on it for a larger view)
As you can see the K-1 process is much longer and much more involved than the Marriage Based process. Both processes will reunite you with your loved one in about the same amount of time. However, with the marriage based process your loved one will have their Green Card when they arrive into the US. They will just have to wait for the actual card in the mail. On the other hand, the fiancée visa is going to require an completely new process to get to a green card.
It’s not only more time but significantly more costly. The application fees alone are about $800 more. This doesn’t include travel to the US, the required medical exam, or attorney fees. Oh, and don’t forget the wedding itself. We all know a wedding can cost tens of thousands of dollars depending on how big you want it to be.
So, why would anyone get a Fiancée Visa?
In many circumstances, it doesn’t make sense to go the K-1 visa route. Even so, there are many reasons that you might have to take the K-1 visa route. Take for example a same-sex marriage. You might not be able to get married before coming to the US, if your fiancée lives in a country where same-sex marriage is not legal. In this case, you would either have to get married in a third country where it is legal or get a K-1 visa and marry in the US. Another example is that it might be too expensive or dangerous to travel to your fiancée’s home country to get married. Speaking with an attorney – not just any immigration attorney – a highly skilled, experienced immigration attorney that really cares more about doing what’s best for you, rather than how much they will collect in attorney’s fees.
We Can Help You Bring Your Fiancée to the United States!
At Lacroix Ramos, we ALWAYS tell the client the whole truth about their options for legalizing their status. We will not take money from a client that we know does not have a viable and genuine option for getting legal status. Even if that means we lose the sale and don’t get your money. If you need to know what options are available, call us at (914) 719-7570 and schedule a free 15 minute phone consultation with an attorney. You can also complete an intake form here, and we will call you to arrange a consultation. If we believe you have options, we will invite you to a full consultation where we can explain everything to you and your loved ones. If you do not have any viable options, we will tell you that also.