Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

info@integrity-legal.com

ResourcesVisa & Immigration LawUS Immigration LawAre Fiancé(e)s And Spouses Treated The Same Way Under US Immigration Law?

Are Fiancé(e)s And Spouses Treated The Same Way Under US Immigration Law?

Transcript of the above video: 

As the title of this video suggests, we are discussing whether not fiancé(e)s and spouses are treated if you will equally under US Immigration Law. I thought about making this video in light of the fact that the Supreme Court of the United States has recently ruled that an American does not have a right to their spouse immigrating to the United States. They went even deeper and even said that they didn't really have a right to engage in the process of bringing that person to the United States.

I have gotten into deep analysis on that regarding the notion of Consular Non-reviewability or Consular Absolutism in other videos, but the point of this video is are K-1 Fiancé(e) Visa applicants treated for all intents and purposes as if they were spouses. The answer is effectively Yes. There is a lot of legal precedent and even regulations pertaining to this within the Foreign Affairs manual as well as the manuals associated with the Department of Homeland Security wherein, and I have dealt with this in the past for example in the context of I-601 waivers, where Fiancé(e)s yes in fact are from a legal standpoint considered on the same posture as a spouse because the presumption is once they arrive in the United States, they will be married anyway. And, as we have noted in other videos, on a K-1 Fiancé(e) Visa you have to marry the person and only the person that is noted on your K-1 Fiancé(e) Visa as the purpose for the trip to the United States. 

So yeah as a practical matter, and from a legal standpoint, yeah fiancé(e)s are treated in the eyes of Immigration Law and what is supposed to be in the eyes of adjudicating Consular Officers as well as adjudicating Immigration Officers within the Department of Homeland Security, those two things are supposed to be treated as if they were the same.