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ResourcesVisa & Immigration LawUS Immigration LawAppropriate Expectations Regarding K-1 Visas and Adjustment of Status

Appropriate Expectations Regarding K-1 Visas and Adjustment of Status

Transcript of the above video: 

As the title of this video suggests, we are discussing K-1 Fiancé(e) Visas specifically expectations associated with the K-1 Visa, physical presence in the United States and Adjustment of Status. What are we talking about here?

Well for those who are unaware, it is possible for an American citizen to bring their fiancé(e) to the United States for a period of not more than 90 days for the specific purpose of marrying that person. Now once you get married, you can then apply for what is called Adjustment of Status; basically apply to get that person their Lawful Permanent Residence i.e. Green Card status. 

Now the reason for the video is there are a lot of expectations out there about how this whole process works. People kind of think of it especially the American petitioners that are, usually I am dealing with, American men married to Thai women or marrying Thai women, ultimately married to, and look they don't really see it from the standpoint of this is an immigrant, this is a person who has come from overseas, they are a foreign national in America, they have to go through the process of becoming a Lawful Permanent Resident and there are a lot of expectations that need to kind of get in alignment with how the system actually works. Yes it is possible to gain what is called Advance Parole. What I mean to say with regard to expectations, expectations regarding travel. I will talk to people that will say, "oh but she needs to get back to whatever back in Thailand pretty quickly after arriving." Well fair enough, but you need to plan around the notion that you need to remain in the United States generally speaking for long enough to get that Green Card issued. Now once the Residence is attached and issued, that person can leave the United States in a reasonable manner. Now you have to worry about issues pertaining to raising the presumption of abandonment of Lawful Permanent Residence as I have discussed in many other videos, but barring that and you have got to go a pretty long way to raise that presumption, but barring that, yes, it is possible for that person to leave after they have their Green Card. It is also possible to receive what is called Advance Parole, an Advance Parole travel Document, to be able to leave while the adjustment is pending. Failure to get an Advance Parole and leaving while the adjustment is pending causes the entire case to extinguish and you have to start back from square one, so that is not a good idea to begin with. 

But the point I am trying to make in this video is to get one's expectations in line with the reality. And Americans have a problem kind of seeing this because we don't have to deal with our own immigration system. But the fact is it is a foreign national, they are on US soil, they are going through due process to get their Residence, and there is a level of vetting that goes with that. There is also a level of delay associated with maintaining one's; it is not just going to be overnight is what I am trying to say. Now exactly how long it takes to adjust status is going to depend a lot on the local field office of USCIS that you may have to process biometrics through; it also may depend on the service center that is processing it generally. 

But that said that the reason for the video is you need to get your expectations in line that you are going to be spending a few months at least in the United States to process that Green Card after arriving in K-1 status and you need to have the attitude of "hey we're effectively at the government's mercy." I know people don't like to hear that, but you really are. Until that Green Card is issued, this person is under effectively, I hesitate to say investigation, but let's call it scrutiny for whether or not they really intend to remain in America; whether or not everything about the relationship is hunky dory, and until you have basically gotten through that process, you really shouldn't act like the Government is like your travel agent or something and needs to just make accommodations for you or make accommodation for you and your fiancé(e). Yes there are mechanisms to seek, for example like Advance Parole, to seek the ability to leave, but again this is an adjudication of Permanent Residence, and you need to have your expectations in line with the likelihood of how it is actually going to play out.