The paperwork for K1 (fiancé) and IR-1/CR-1 (spouse) visas appear very difficult at first glance.  There are many forms to fill out with detailed questions to be answered and supplemental information to be attached.  It looks nearly impossible for the average person to tackle.  That’s why one of the most asked questions related to these visas is “Do I need a lawyer?”.  Fortunately, the answer is fairly simple.

photo credit: david_shankbone

You need a lawyer if…

In certain situations, you should most definitely consult a good immigration attorney.  You speak with a good lawyer if your foreign partner has:

• overstayed their visa to the United States
• earned a ban to the United States for any reason
• a long, violent or sexual criminal history
• any other red flags

“Any other red flags” may include such things as having come to the U.S. as a fiancé or spouse of someone else in the past or having an illness that may prevent him or her from immigrating.  Think like an immigration officer and go over your case with a fine-toothed comb: do you see any red flags?  If anything stands out to you, it is worth consulting a lawyer.  When you speak to a potential lawyer for your case, make sure to ask them about their experiences handling cases like yours.

You might want a lawyer if…

It is what it seems: the paperwork and document collection for the fiancé and spousal visas takes a lot of time.  If you are short on time but not short on money, you may want to hire a lawyer to manage the process for you.  When I was investigating immigration lawyers, I found that most charged between $3,000 and $4,000 for the K1 visa.  Be careful, though: not all lawyers are good lawyers.  Word of mouth is a great way to find an attorney.  Ask people you know if they’ve used any immigration attorneys in the area and what they thought of them.

You shouldn’t use a lawyer if…

There are certainly reasons not to use a lawyer.  The most obvious reason is financial.  The visa fees are high and hiring a lawyer will add thousands of dollars to the cost.  Also, each lawyer handles many immigration cases and can’t focus all of their energy on your case.  If you do your own paperwork, however, you can focus all your energy on it and control every detail.

If you decide to take on the visa process without professional help, you should be following VisaJourney’s guides exactly.

If you’re an American trying to bring your foreign significant other to the United States with a family-based visa, you have two options: the K1 visa (fiancé visa) or the IR-1/CR-1 visa (spouse visa).  Both visas have the same end result: you’ll be married to your significant other and he or she will be living in the United States as a permanent resident (with a “green card”).  They take drastically different routes to get there, though.

K1 Visa Pros

• It’s faster than the IR-1/CR-1 visa.  Processing times are always changing, but the K1 visa is, consistently, a few months faster than the IR-1/CR-1 visa.
• You and your fiancé have a 90-day period once he or she enters the United States to continue getting to know each other before you must get married.  If your fiancé has never visited the United States, this period might make them feel better about moving there.  They would be able to adjust to the United States before getting married and adjusting status (applying for a green card).  Keep in mind, though, that the K1 visa is for people who are serious about getting married.
• You can (and must) get married in the United States.

K1 Visa Cons

• The K1 visa is more expensive than the IR-1/CR-1 visa.  It costs more than $1800 US.  That figure includes the initial filing fee of $340, the interview cost of $350, the medical costs of $100+ and the adjustment of status cost of $1010.
• If you and your fiancé do not get married and file for adjustment of status before the 90-day period is up, your fiancé will have to leave the US.
• Your fiancé will not be able to work in the United States until you get married and file for an Employment Authorization Document (EAD, permission to work).  Your fiancé will most likely have to remain unemployed for months before receiving their green card or EAD.

IR-1/CR-1 Visa Pros

• The IR-1/CR-1 visa is cheaper than the K1.  It costs $925 US.  This includes the initial filing fee of $420 and the fees paid to the National Visa Center of $88 and $404.
• With the IR-1/CR-1 visa, your spouse will receive a green card on arrival.  He or she will be able to starting working immediately.

IR-1/CR-1 Visa Cons

• Unlike with the K-1 visa, there is no time period to continue getting to know your partner.  When my fiancé and I filed for a K1 visa, we didn’t feel 100% ready for marriage.  After going through the visa process and living together for another 4 months, we felt totally ready to get married.  The IR-1/CR-1 visa begins with the marriage.
• The IR-1/CR-1 process takes longer than the K1 process.

If either of these visas seems right for you and your partner, you can find more information at VisaJourney.

If you have arrived at this page, you must have some idea about visas to the United States.  You probably know that they take a long time and require lots and lots of paperwork.  Now, you will learn about the costs of two visas: the K1 fiancé visa and the IR-1/CR-1 spouse visa.  After reading the costs for each visa, you’ll see additional costs that apply to both visas.  All dollar amounts are in USD.

K1 visa costs

• $340 initial filing fee.  This is sent with your I-129F packet.
• $350 fee paid on the day of the interview.
• $1010 fee for adjustment of status.  This fee is paid after you marry your fiancé in the United States and he or she applies for a green card.

IR-1/CR-1 visa costs

• $420 initial filing fee.  This is sent with your I-130 packet.
• $88 processing fee for the Affidavit of Support.
• $404 Immigrant Visa Application fee.

photo credit: AMagill

Additional costs for both types of visas

• Lawyer fees.  If you decide to use a lawyer for the visa process, you’ll have to pay their fees.  The lawyer I consulted charged $3000 to do the paperwork for a K1 visa, but other lawyers charge much more.
• Cost of a medical exam at an embassy-approved clinic.  This can range from as low as $70 to $300 or more.
• Cost of required vaccinations.  Your fiancé or spouse will need to get all vaccinations required by the US for immigration.  These can be performed by any doctor–just make sure to get a receipt/vaccination record.
• Postage fees.  You’ll have to pay to send documents to various parts of the government (USCIS or NVC), to your fiancé or spouse and perhaps to the US Embassy in your fiancé or spouse’s country.
• Passport photos.  You and your fiancé or spouse will need to submit passport photos at various points during the visa process.
• Police clearance forms.  Your fiancé or spouse must obtain police certificates from all countries he or she has resided in for more than 6 months since the age of 16.  These are often costly and take time to obtain.  In Malaysia, for example, it takes 6-10 weeks to obtain a Certificate of Good Conduct (their name for the police certificate).
• Cost of obtaining birth certificate.  If your fiancé or spouse does not have an official birth certificate, he or she will need to obtain one.
• Translation fees.  Documents not in English will need to be translated.
• Copies, copies and more copies!  This seems like a small expensive, but it adds up quickly when you realize how many documents need to be copied.  I made twp copies for myself of every piece of paperwork I submitted to the government.
• A flight to the United States for your partner.  This is the most exciting expense you’ll have.
• Finally, you’ll have to consider all of the costs of moving to another country.  You’ll probably have more expenses than you expect.  Starting preparing now to minimize the damage later.