Family immigration in 2026: I-130 / K-1 / CR-1 — current forms, fees, I-864 thresholds, timelines, and RFEs
This update covers the three most common family pathways: K-1 (fiancé(e)), CR-1/IR-1 (spouse immigrant visa), and I-130 family petitions broadly. Inside: current forms/fees, I-864 poverty guideline thresholds with calculations, practical timing checkpoints, and the RFEs that most often cause real-world delays.
Disclaimer: This material is for educational purposes only and is not legal advice. Immigration rules, forms, fees, and adjudication practices change frequently. Consider consulting a qualified professional for your situation. You are responsible for decisions you make; no outcome is guaranteed.
CR-1/IR-1 is often preferred if you want fewer post-entry steps and earlier “green card positioning”
- Entry is on an immigrant visa; after admission you become an LPR (lawful permanent resident) process-wise.
- Typically fewer “second-round” filings inside the U.S. than K-1 (which usually requires AOS).
- Trade-off: the spouse usually waits abroad while the case moves through the pipeline.
K-1 can make sense when marrying in the U.S. is critical and you’re ready for AOS after entry
- Enter on K-1 and marry within 90 days.
- Then typically: Adjustment of Status (I-485) and I-864 financial sponsorship under AOS rules.
- Common delay drivers: AOS packet quality, medical paperwork, I-864 finance evidence.
I-130 is the foundation for CR-1/IR-1 and many other family categories
- I-130 is “prove the relationship”; the next steps differ by whether you consular process or (if eligible) adjust status in the U.S.
- Strong relationship evidence on I-130 materially reduces RFE risk later.
How to interpret timelines here: processing loads vary by service center and consular post. Use the checkpoints and “where delays happen” sections to manage your case like a project, not a single number.
1) Current forms and government fees (family cases): what is paid and when
The table below focuses on typical government filing/processing fees. It does not include medical exams, translations, shipping, photos, or professional services, which vary by country and case complexity. USCIS fees are set in federal regulations; Department of State/NVC fees are separate for consular processing.
| Step / form | Government fee | What commonly goes wrong |
|---|---|---|
| K-1: USCIS petition Form I-129F |
$675 | USCIS intake rejections often stem from incorrect payment amount/method or missing signatures. |
| K-1: consular stage DS-160 (K) + interview fee |
$265 | Payment/appointment rules vary by post. Follow post-specific instructions for receipts, scheduling, and document submission. |
| CR-1/IR-1: USCIS petition Form I-130 |
$675 | Filing method matters: if an online filing option (and online fee) is available for your form/category, confirm before submitting. |
| CR-1/IR-1: NVC Affidavit of Support fee + IV application fee |
$120 + $325 | Incorrect case number/payment mapping or incomplete document uploads delay DQ (documentarily qualified) status. |
| After an immigrant visa is issued USCIS Immigrant Fee |
$235 | This is separate from consular/NVC fees; it is tied to post-visa production/processing by USCIS. |
| Adjustment of Status (AOS) Form I-485 (age 14+) |
$1,440 | Different fees apply for some under-14 scenarios. Old assumptions about “free” ancillary forms can cause underpayment. |
| With AOS (optional) Form I-765 (EAD) |
$520 (or $260 for many AOS cases filed after 01 Apr 2024) | EAD fees can be reduced in specific scenarios but are not universally included in the I-485 fee under current rules. |
| With AOS (optional) Form I-131 (Advance Parole) |
$630 | Timing and eligibility considerations vary by status; avoid mixing “consular” and “AOS” rule assumptions. |
Mini diagram: how government fees stack by route
Simplified comparison of typical mandatory fees (excludes medical, translations, shipping, and optional EAD/AP for K-1 AOS).
- K-1 (excluding EAD/AP): I-129F $675 + K fee $265 + I-485 $1,440 ≈ $2,380.
- CR-1/IR-1: I-130 $675 + NVC ($120 + $325) + immigrant fee $235 ≈ $1,355.
Common forms across family cases: I-129F (K-1), DS-160 (K), I-130 (family/spouse), I-864 (financial sponsorship), I-485 (AOS), I-765 (EAD), I-131 (AP), and I-751 (removal of conditions, when applicable).
2) I-864: poverty guidelines, income thresholds, and practical calculations (with quick calculator)
For spousal immigrant visas (CR-1/IR-1) and for many Adjustment of Status filings in the U.S., financial sponsorship commonly relies on Form I-864. A typical minimum threshold is 125% of the Federal Poverty Guidelines. A sponsor on active duty in the U.S. Armed Forces petitioning for a spouse/child may use 100%.
Quick I-864 threshold check (based on the poverty guideline table used in this block)
Difference (income − minimum): $0
Note: This calculator shows the table threshold only. Real eligibility depends on evidence quality: tax documents, ongoing income, household size logic, joint sponsor use, assets (if applicable), and domicile evidence when relevant.
What most often triggers I-864 RFEs
Financial RFEs are among the most common “hard stops” even when relationship evidence is strong. Typical patterns:
- Incorrect household size (dependents, joint tax filings, prior I-864 obligations not counted correctly).
- Incomplete tax evidence (missing transcript/1040, missing W-2/1099, inconsistencies across years).
- Income continuity issues (recent job change without stability evidence, self-employment without support documentation).
- Domicile evidence gaps (especially if the sponsor lives/works outside the U.S.).
- Joint sponsor errors (status proof missing, wrong signatures, mismatched documents).
Poverty guideline tables used for I-864 checks (100% and 125%)
Tables are presented as “household size → 100% / 125%” for quick manual verification and comparison with the calculator.
48 States / DC / PR / USVI / Guam / CNMI
| Household size | 100% | 125% |
|---|---|---|
| 2 | $21,150 | $26,437 |
| 3 | $26,650 | $33,312 |
| 4 | $32,150 | $40,187 |
| 5 | $37,650 | $47,062 |
| 6 | $43,150 | $53,937 |
| 7 | $48,650 | $60,812 |
| 8 | $54,150 | $67,687 |
| 9 | $59,650 | $74,562 |
| 10 | $65,150 | $81,437 |
| 11 | $70,650 | $88,312 |
| 12 | $76,150 | $95,187 |
| 13 | $81,650 | $102,062 |
| 14 | $87,150 | $108,937 |
| 15 | $92,650 | $115,812 |
| 16 | $98,150 | $122,687 |
| 17 | $103,650 | $129,562 |
| 18 | $109,150 | $136,437 |
| 19 | $114,650 | $143,312 |
| 20 | $120,150 | $150,187 |
Alaska
| Household size | 100% | 125% |
|---|---|---|
| 2 | $26,430 | $33,037 |
| 3 | $33,310 | $41,637 |
| 4 | $40,190 | $50,237 |
| 5 | $47,070 | $58,837 |
| 6 | $53,950 | $67,437 |
| 7 | $60,830 | $76,037 |
| 8 | $67,710 | $84,637 |
| 9 | $74,590 | $93,237 |
| 10 | $81,470 | $101,837 |
| 11 | $88,350 | $110,437 |
| 12 | $95,230 | $119,037 |
| 13 | $102,110 | $127,637 |
| 14 | $108,990 | $136,237 |
| 15 | $115,870 | $144,837 |
Hawaii
| Household size | 100% | 125% |
|---|---|---|
| 2 | $24,320 | $30,400 |
| 3 | $30,650 | $38,312 |
| 4 | $36,980 | $46,225 |
| 5 | $43,310 | $54,137 |
| 6 | $49,640 | $62,050 |
| 7 | $55,970 | $69,962 |
| 8 | $62,300 | $77,875 |
| 9 | $68,630 | $85,788 |
| 10 | $74,960 | $93,701 |
| 11 | $81,209 | $101,614 |
| 12 | $87,620 | $109,527 |
| 13 | $93,950 | $117,440 |
| 14 | $100,280 | $125,353 |
| 15 | $106,610 | $133,266 |
If you need Alaska/Hawaii sizes above 15, confirm the official table for the relevant year before relying on any extrapolation.
3–4) 2026 timelines and common RFEs: where real delays occur (K-1 vs CR-1/I-130 vs AOS)
A family case “timeline” is rarely one number. It is a chain of segments: USCIS (petition), NVC/consular (for CR-1/IR-1 and K-1), and often AOS inside the U.S. (for K-1 after marriage and other eligible applicants). Most delays happen where packages are incomplete, inconsistent, or do not match the requirements of the specific stage.
Control point USCIS intake: acceptance and initial review
Payment/signature/form-edition issues can lead to intake rejection (lost time with no forward progress). Once accepted, consistency across all documents (names, dates, addresses, marital history) is critical.
Hot zone Relationship evidence: K-1 and I-130
For K-1: proof of meeting within the last two years (unless a waiver applies), intent to marry, and no legal impediments. For I-130: bona fide marriage evidence and proof that prior marriages were legally terminated.
Hot zone NVC / consular: document readiness and case “cleanliness”
After DQ (documentarily qualified), interview scheduling depends heavily on the specific post’s queue. Track the post’s IV scheduling status using the official State Department tool for your location.
Hot zone I-864 finances: thresholds, taxes, domicile
A strong relationship narrative does not prevent finance RFEs. The most common issues are household size logic, tax documents, proof of current income, and domicile evidence.
Control point AOS (if applicable): I-485 package
For K-1 after marriage, AOS is its own lifecycle: I-485 + I-864 + (optional) I-765/I-131 + medical documentation under AOS rules. RFEs commonly focus on I-864, medical paperwork, missing signatures, and biographic inconsistencies.
Top RFE themes (no percentages): what is most often requested
| RFE theme | Where it appears | How to preempt it |
|---|---|---|
| Insufficient relationship / marriage evidence | I-129F, I-130, interview | Build a coherent timeline and support it: meeting/travel records, dated photos, communication evidence, and (for marriage) joint residence/finance evidence. |
| Legal capacity to marry (divorce/annulment records) | I-129F, I-130, interview | Provide complete court records/certificates with certified translations; ensure names/dates match passports. If names changed, document the chain. |
| IMBRA / prior filings / criminal history disclosures | I-129F | Fully disclose required items and document them. Non-disclosure can become a serious credibility issue at the consular stage. |
| Translations and document completeness | USCIS, NVC, interview | Any non-English document should include a complete translation with translator certification. Ensure scans are readable and complete (all pages). |
| I-864: income / taxes / domicile | NVC, AOS (I-485) | Confirm household size, provide tax transcripts/returns, show current income evidence, prove sponsor status, and include domicile evidence if living abroad. |
| Unsigned forms / incorrect fees | USCIS intake | Signature control for every signer (including joint sponsor/household member), correct fee/payment method, and correct form edition. |
| Medical documentation (stage-specific rules) | K-1 interview, AOS (I-485) | Use authorized physicians for the relevant stage and do not mix consular medical assumptions with AOS medical rules. |
2026 core principle: consistency beats volume. A concise package that supports one coherent story is safer than a large packet with mismatched facts.
5) Checklists and updated 2026 conclusions
K-1 “Avoid delays” checklist
- Consistency everywhere: names, dates, addresses, and marital history must match across forms, documents, and translations.
- Two-year meeting evidence: travel/meeting proof plus a clean relationship timeline.
- Intent to marry: clear intent statements and realistic plan after entry.
- IMBRA disclosures: complete and accurate; omissions can become high-risk at the interview stage.
- Plan AOS early: for most K-1 cases, AOS timing is where many months are won or lost.
CR-1/IR-1 “Strong I-130 + clean NVC” checklist
- Bona fide marriage proof: credible evidence of a real marriage (shared life), not just ceremony documents.
- Prior marriages: complete termination records, certified translations, and name-change chain when applicable.
- I-864 readiness: calculate the threshold, prepare tax evidence, current income proof, sponsor status proof, and domicile evidence if relevant.
- DQ as a milestone: after DQ, the post’s interview queue is often the controlling variable.
- Conditional residence: if the marriage is under 2 years at the time of obtaining status, plan for I-751 removal of conditions later.
Updated conclusions (2026): what matters under current rules
1) Forms/fees change faster than case logic. Form edition, signatures, and correct fee payment remain the most common “avoidable” failure points at intake.
2) K-1 is typically higher in government fees and usually includes a second lifecycle (AOS). CR-1/IR-1 is often a more direct path to LPR processing.
3) I-864 finances are a top stop-factor even when the relationship evidence is strong. Household size logic + tax/income continuity + domicile evidence are the usual pain points.
4) Treat timelines as segments: USCIS → NVC → post/interview → (if applicable) AOS. Use checkpoints and documentation control to prevent “silent delays.”
Official sources (government only)
-
USCIS fee schedule (8 CFR Part 106):
https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-106 -
Department of State — Fees for Visa Services (K fee, IV fee, AOS fee):
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html -
K-1 overview (process):
https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html -
DS-160 (used for K visas):
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/ds-160-online-nonimmigrant-visa-application.html -
Affidavit of Support and poverty guidelines (I-864):
https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/affidavit-of-support.html -
IV Scheduling Status Tool (post interview queue after DQ):
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/iv-wait-times.html
Content currency date: 17 January 2026. Before filing, confirm form editions, payment instructions, and post-specific guidance for your case.
