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ResourcesVisa & Immigration LawUS Immigration LawAre K-1 Fiancée Visas Treated Legally the Same As Spouse Visas?

Are K-1 Fiancée Visas Treated Legally the Same As Spouse Visas?

Transcript of the above video: 

As the title of this video suggests, we are discussing, well we are discussing the issue of Fiancé Visas versus Spouse Visas; are Fiancé Visas treated the same way as Spouse Visas. 

The first thing to understand is the terms of a Fiancé Visa once it is issued are different from a Spouse Visa. So for example a K-3 Spouse Visa - which is the most similar Spouse Visa to the K-1 Fiancé Visa - it's a Non-Immigrant as well as the K-1 Fiancé Visa, but it is issued with a much longer duration. Once you get into America it's not the '90 days in which to get married and then adjust status'. No you get into the United States, generally speaking they stamp in in yearly increments, as opposed to 90 days. Now that said, as a practical matter, due to the Doctrine of Administrative Closure, K-3 Visas are not issued with any degree of regularity that I have seen in the past over a decade. 

Meanwhile, Marriage Visas are fundamentally different from Fiancée Visas. Those who enter the United States on a CR-1 or an IR-1 Spousal Visa, enter in immigrant status. They are granted their Lawful Permanent Residence upon entry and basically, they are good to go, except with the conditional Lawful Permanent Residents, they may have to do a lift of conditionality 2 years down the road from their entry. Leave that aside, that's different fundamentally from a Fiancé Visa. Fiancés enter the United States, they have 90 days in which to get married and adjust status to Permanent Residence. 

The question being posed by this video is, 'Are Fiancé Visas - for purposes of adjudication of the visa application - treated the same way as Marriage Visa applicants?' The answer is yes. Fiancé Visas from a legal standpoint or Fiancé Visa seekers, are treated as if they are already married for purposes of adjudicating things like for example I-601 waivers. If you are dealing with an I-601 waiver, there is case law that says, 'hey fiancés have to be treated as if they are already married to their perspective spouse for purposes of adjudication of the I-601 waiver'. 

So from a legal standpoint, there is supposed to not be any difference when looking at a fiancé versus a spouse who is seeking a visa to the United States.