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Domicile, Residence, and K-1 Fiancé(e) Visas from Thailand?
Transcript of the above video:
As the title of this video suggests, we are discussing K-1 Fiancé(e) Visas and recent news regarding this Administration in the United States changing rules with regards to immigration thereto or adjustment status or conversion of status to Green Card in the United States.
I thought of making this video after reading a recent article from Breitbart, that is breitbart.com, the article is titled: Trump ending automatic Green Cards for migrants marrying U.S. citizens. So one, there is a statute out there that makes Green Card issuance associated with those who in the United States married to an American relatively straightforward. Trump, and I have talked about this in another video on this channel in the past, Trump seems to be reversing this, so that's an important thing to bear in mind. That being said, quoting directly: "While marrying a U.S. citizen has never been a locked in guarantee" - before I keep quoting; he seems to be trying to reverse this. But again this is based on promulgated law from Congress. The President can't just overcome this unilaterally. I'm kind of getting tired of this stuff where we are just kind of ignoring Constitutional provisions and protections. I think that's important to point out. That said, the President has a lot of Executive Authority especially as it pertains to Immigration, so they're going to be ways that they are going to figure out how to thwart those who they believe are not acting in good faith with regard to the attempt to adjust or convert status in the United States to that of someone who holds a Marriage Visa or Green Card therein, so that's important to point out. That said, quoting directly: "While marrying a U.S. citizen has never been locked in guaranteed that a migrant would be issued a Green Card, marriages have previously offered a huge boost to a migrant's request for legal status. But that may be changing as Immigration Attorneys are finding that U.S. Citizenship and Immigration Services are giving such marriages much closer scrutiny than ever before. One new wrinkle in requests for marriage-related Green Cards is residency. The Trump Administration is prioritizing a shared domicile for the migrant and the U.S. citizen, a requirement that was not prioritized in the past."
Well a couple of things here. How do you deal with that with a Fiancé(e) Visa? And this is the important distinction to point out here is this policy seems primarily directed at those seeking Green Cards within the United States. And this is coming on the heels of what in my opinion was an absolute debacle during the Biden Administration where they allowed in millions of illegal aliens who basically invaded the country, and I made some very, quite honestly impassioned videos at the time, one of them noting the fact that George S. Paton had had a gunfight with Pancho Villa along the Mexican border to point out the fact that yeah this was really bad. My stance on illegal immigration I think has been pretty clear; I am very much against it. That being said, I am very much in favour of legal immigration. If people are following the law, they should be able to process their case through. Do I think that this current or new policy will impact K-1 Fiancé(e) Visas? Probably not a lot as they are all processed through Embassies and Consulates abroad. What I do somewhat worry about is issues involving Adjustment of Status after arrival in the United States when couples are seeking a Green Card, because adjusting status will require scrutiny by Immigration in the United States and they are prioritizing now this share domicile stuff. Again I am not necessarily in favour of this insofar as look, there are exigent circumstances or there are special circumstances sometimes in marriages where maybe somebody, they don't live together, for work reasons or for other reasons in the marriage, but the marriage is bona fide. Again that's where investigation and interpretation and adjudication of the law and of the facts in the given case come into play.
That being said, do I think this is going to have a tremendous impact on the K-1 process? Probably not, but it could have implications, and as I've talked about, many of these things have a tendency to “bleed” into other things and cause unforeseen problems. That being said, we will certainly be keeping you updated on this channel as the situation evolves.
