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ResourcesVisa & Immigration LawUS Immigration LawFiancée vs Spouse Visas: Timing Issues Revisited

Fiancée vs Spouse Visas: Timing Issues Revisited

Transcript of the above video: 

As the title of this video suggests, we are discussing K-1 Fiancé Visas to the United States as well as Immigrant Spouse Visas; I guess you could throw the K-3 Spouse Visa into this category.

As noted in other videos prior to this one that I have made, the K-3 has largely fallen into disuse. There may be some limited circumstances presently where a K-3 may be optimal especially under the current circumstances involving really the rather - it's hard to call our Immigration System anything other than broken at this point - I'm not going to get too far into that sort of negative rabbit hole but yeah it is. That's why we are revisiting the issue of timing of K-1's versus Immigrant Spouse Visas because it's kind of an acute issue.

If you are looking at trying to bring a loved one back to the United States and you are trying to decide do I do a K-1 Fiancée Visa, do I bring her or him in on an Immigrant Visa, how do I do this? It's going to depend on your circumstances and it's going to depend on how willing you are to have to deal with the back end of the K-1 process especially, that being so-called adjustment of status to Green Card status in the United States, whereas those who enter the United States and Immigrant Spouse Visa status, enter with their Green Card already dealt with. Now the problem with the latter option is that it takes longer, substantially longer in fact and you have to deal with things like the National Visa Center which aren't nearly as big of an issue in the K-1 process although we are starting to see a backlog involving NVC and getting interview appointments here at the Embassy, which that's its own issue. I probably should make a video on that in and of itself.

But long story short yeah, trying to decide what visa is best in your and your loved one's circumstances, that is going to be something that is going to be based on a pretty in-depth scrutiny and analysis of one's factual circumstances because there are going to be cases where perhaps a Fiancé Visa is more optimal whereas there are also going to be other cases where Immigrant Spouse Visas may be optimal. Again, it's going to be determined by the prevailing facts in the underlying case.