How much does the marriage visa process cost?  Most applicants know (or can guess) some of the costs – but most do not know all of the costs.  The following is meant to provide an exhaustive list of the marriage visa process costs for individuals who are adjusting status while in the United States.

Marriage Visa Costs If Inside the United States

Often, if a couple marries and the foreign national spouse is in the United States, it is possible to “adjust status” to a green card holder without leaving the United States.  If eligible, the process costs include:

Government Filing Fees

Marriage Visa Petition: $420

Adjustment of Status Application: $985

Biometrics Interview: $85

Employment Authorization Petition: $0

Advance Parole Petition: $0

Total Government Fees: $1490

The government requires this entire amount be paid when the application is submitted.

Medical Examination Fee

Almost all Marriage Visa applicants seeking adjustment must complete a medical examination from a USCIS approved medical physician.  Physician costs vary, but it generally costs around $200 t0 $300.

Total Medical Examination Fees: $200-300 (varies)

Marriage Visa Legal Fees

Legal fees vary from attorney to attorney.  However,  I believe most attorneys offer their marriage visa services on a flat fee basis.  Gafner Law Firm has fixed legal fees.

The services provided by each attorney will also vary – each provides assistance to a certain point in the process.  Some  or another.   And some provide most assistance than others.

Most important when dealing with a marriage visa attorney is to make sure he or she is:

• Able and willing to do the process quickly,
• Competent in spotting issues and handling Marriage Visa petitions, and
• Willing to answer questions and offer explanations to you in a quick and efficient manner.

For more information, please contact this New York City Marriage Visa attorney.

Put differently, the Department of State has determined that it takes (almost) a third less time, effort and money for it to process K-1 visas.

All applicants paying for the K-1 visa fee after April 13, 2012 will be charged the lower fee.  To learn more about consular processing for K-1 visa applicants, please contact a K-1 visa lawyer.

It is a good question – and an important one.  Before starting the fiancee visa process, please take the time to  step back and make sure you understand the costs of the entire process .

The following is meant to provide a detailed discussion of the costs involved in the process.  For the most clarity, please use this discussion in conjunction with the K-1 fiance visa process flow chart previously provided.

If you have any questions, please do not hesitate to contact this K-1 fiance visa attorney.

K-1 Fiancee Visa Process Costs

The K-1 visa process has multiple steps.  If you are confused by the steps below, please review the K-1 visa flow chart.

Initial Stage: K-1 Visa Petition to USCIS

The initial step in the process is for a petition to be submitted to the immigration agency in the United States (USCIS).  At this stage, the costs include:

Government Filing Fees

$340 – fiancee visa filing fee to the USCIS.

 Legal Fees

It is important to retain an attorney at the beginning of the process.  A mistake made at the beginning of the process can result in a delay or even denial at the end of the process (many months in the future).  If there is a mistake and you have to start over, you have to pay all of the government and other fees over again.

Legal fees vary from attorney to attorney, however I believe that most attorneys charge a flat legal fee and that most are relatively comparable in terms of cost.  However, when choosing an attorney, make sure you know:

• How quickly the attorney will be able to submit the petition.
• Whether the attorney will assist with just the initial petition, or the entire process (and what does his or her quoted legal fees cover)
• Whether there are other charges commonly incurred by applicants besides the flat fee (such as copying fees or mailing fees)
• Whether the attorney will respond to client questions and inquiries during the process (and will there be a charge associated with that response), and
• Whether the attorney commonly handles these types of cases.

Consulate Stage: Interview at U.S. Consulate

After the K-1 visa petition is approved by the USCIS, it is sent to the U.S. Consulate in the beneficiary’s country of residency.  At this stage, the beneficiary will need to attend a consulate interview before receiving the K-1 visa.  Costs include:

Medical Examination Fee

A fiance visa beneficiary must have a medical examination completed by a U.S. Government approved medical physician before receiving the K-1 visa.  Although the cost charged by the physicians vary, it generally costs around $200 t0 $300 – but check around – there may be better deals out their for immigration required medical examinations.  Unfortunately, in many countries there are not too many physicians who are certified to complete the required form.

Total Medical Examination Fees: $200-300 (varies)

Department of State’s K-1 Visa Application Fee

The Department of State charges a K-1 visa application fee of $240.  This fee will be paid before the Consulate Interview is held (or even scheduled).  The consulate will provide details about how the fee is paid once it has received the petition from USCIS.

All K-1 visa applicants must pay this fee.

Total: $240

Government’s Reciprocity Visa Fee

Once the K-1 visa petition is approved by the U.S. Consulate, beneficiaries from certain countries are required to pay a “visa issuance fee.”  Whether an applicant needs to pay this fee depends on which country the beneficiary is from and whether or not the U.S. government has a reciprocity agreement with that country.  To see if a particular countries has a reciprocity agreement with the US (or if the beneficiary needs to pay a K-1 visa issuance fee) please visit the DOS Reciprocity webpage.

Most applicants do not need to pay this fee, but if they do, the fee often a couple hundred dollars (it  varies from country to country).

 Total: $0 to a couple Hundred Dollars

Final Stage: Adjustment of Status In United States After Arriving As K-1 Visa holder

Once a K-1 beneficiary enters the United States, it is necessary for the couple to get married within 90 days, and for the couple to apply for an adjustment of status.  An adjustment of status allows a foreign national to become a Green Card holder.

Government Filing Fees

$985 Adjustment of Status Application Fee

$85 Biometrics Interview Fee

$0 Employment Authorization Card Fee

$0 Advance Parole Application Fee

Total: $1070

For more information, please contact this New York City K-1 Fiance Visa Attorney.

* Please note, the government fees change often – although not by much.  At the time of this writing, the government fees are correct.  To make sure that they are still right at the time of your reading, please contact this K-1 Visa lawyer.*

Effective January 1st, 2012, the USCIS will accept stand alone I-130 petitions at two of its lockbox locations – based upon location of the petitioner and beneficiary.  Family-based immigration applicants use the I-130 petition to file for immigration benefits.  Thus, the form is used by  spouses of a U.S. citizen, children of a U.S. citizen, parents of U.S. citizen, and siblings of U.S. citizen.

Both the Chicago and Phoenix lockbox will know accept the I-130.  However, if the I-130 is not filed “standalone”, then the filing location will differ.  Failure to file at the correct location will probably result in the petition’s delay (and its possible rejection).

If you are seeking to file an I-130, please contact a family immigration lawyer.

For more statistics, check out the DHS website and report.

Unfortunately, when the K-1 fiance couple finally gets a decision from the immigration agency, it tells them that the divorce needs to be finalized, that there is no correcting it now, and that it cannot be brushed over and ignored.  The immigration agency does care – it wants its i’s dotted and t’s crossed.  All of them.

Instead, the couple must start over…from step one.  Worse, they have to wait apart for longer than necessary.   If you are thinking about applying for a fiance visa, make sure to consult a fiancee attorney – a couple’s time together is much more important than cutting a few corners and doing it the cheap way.

K-1 Fiancee Visa Requirements

1. Both the U.S. Citizen petitioner and the foreign national beneficiary must be free to marry at the time the petition is submitted.
2. Both the U.S. citizen petitioner and the foreign national beneficiary must be able to marry each other in the state where they plan to reside.
3. Both the petitioner and the beneficiary must be ready to marry within 90 days of the beneficiary’s entrance into the United States.
4. The petitioner and beneficiary must have a good faith relationship with each other (and be able to demonstrate it).
5. The petitioner and beneficiary must have physically seen each other within the two years immediately before the petition is filed.

Further Explanations:

1.  Both the K-1 Petitioner and K-1 Beneficiary Must be Free to Marry

This means that at the time the petition is filed, both individuals must be single.  Any divorces must be finalized before the petition is submitted.

2. Both the K-1 Visa Petitioner and Beneficiary Must be Able to Marry In the State Where They Plan to Reside

The couple must be able to marry in the state where they plan to reside.  This means that they must fit into a particular state’s marriage laws.  For example, both must be of legal age in the state, and must not violate any of the state’s incest laws.

3. Both the petitioner and the beneficiary must be ready to marry within 90 days of the beneficiary’s entrance into the United States

Both must be willing and ready to marry withing 90 days of the beneficiary entering the United States.  The visa is not meant to provide a “trail period.”  When the petition is filed both should be committed to being married once in the United States.

4.  The petitioner and beneficiary must have a good faith relationship with each other (and be able to demonstrate it)

It will be necessary to demonstrate to the immigration agency and the consulate interviewer that the couple has a good faith relationship with each other and plan to marry based on reasons other than immigration-based.

5.  The petitioner and beneficiary must have physically seen each other within the two years immediately before the petition is filed

The law requires that a couple physically see each other within the two years immediately before a K-1 Visa petition is filed.  This is a strictly enforced policy – it is not sufficient to have seen each other three years ago, or immediately after a petition is submitted.   The encounter must be within the two year period.   There are two exceptions to this requirement:  if the visit would cause extreme hardship to the petitioner, or if the visit would violate traditional customs.

To learn more about applying for a K-1 Fiancee visa, please contact the firm.

Generally speaking, the United States Immigration agency does accept marriages that are performed overseas.    To be valid, however, the marriages must be legally valid in the place where the marriage occurred.  Additionally, they cannot violate public policy in the United States.  For example, the U.S. doesn’t accept polygamist marriages or marriages involving child brides.

Contact the firm if you have a question for a New York fiancee visa lawyer.   It doesn’t matter where in the world you are located – the firm is able to help.