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ResourcesVisa & Immigration LawUS Immigration LawThe Clock Is Ticking for K-1 Visas

The Clock Is Ticking for K-1 Visas

Transcript of the above video:

As the title suggests, we are discussing the clock is ticking for K-1 Visas. What am I specifically talking about?

Well the people I am aiming this video at are folks who have not seen their fiancé in person since before this whole COVID situation arose. I am going to take this from a Thai context but this could be anywhere; this could be Cambodia, Vietnam, Mexico, Europe somewhere, Spain, Russia wherever. If you have not seen your fiancé in person since before the COVID thing broke out, let's just call it March of 2020, if you have not seen each other since then, the clock is ticking because the rule associated with the K-1 Visa is that you need to go ahead and file and you have to have seen each other in person within two years of the filing. 

It takes a little while to put together a K-1 case. It doesn't just happen instantaneously and for this reason, it is a good idea to go ahead and be very aware of these timing issues. If you have seen your fiancé in person, if you saw her in March of 2020, him or her, in March of 2020, you have got some time. If you haven't seen each other since December of 2019, you may want to go ahead and think about getting on top of this sooner rather than later because if that 2-year mark comes around, it may be possible to get a waiver of the meeting requirement but that is a big ‘maybe’. I mean it is a high threshold to beat to be able to overcome it. If you have met already it may be possible but if you have never met, that is definitely a high threshold. But if you have met and you haven't hit that 2-year mark, you have got some weeks or months left, it is probably a good idea to get on top of seriously getting that K-1 on file sooner rather than later.