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ResourcesVisa & Immigration LawUS Immigration LawHow Does Pregnancy Impact a K-1 Fiancée Visa Application?

How Does Pregnancy Impact a K-1 Fiancée Visa Application?

Transcript of the above video:

As the title of this video suggests, we are discussing the K-1 visa.   The K-1 Visa is specifically a fiancée visa that is utilized by American citizens who wish to bring a foreign fiancée back to the United States. There are various videos on this channel. You can use the search function, for specific information regarding the K-1 and the various nuances associated therewith.

In this video, we are discussing pregnancies specifically and this is presuming a foreign fiancée is at play in the case with an American citizen fiancé. How does pregnancy play in in the overall adjudication of the K-1? Well in point of fact, I think it is fairly commonsensical to say it's not going to hurt the chances of that K-1 visa application being adjudicated in a favorable manner;  in fact quite the opposite. I think it only bolsters the background evidence in the case. One of the major points of adjudication in a K-1 fiancée visa application is whether or not the relationship is bona fide and the fact that the couple is expecting a child or may subsequently have had a child during the course of the adjudication of the K-1, it only goes to show the bona fides of the underlying relationship. 

So I would say overall, during the adjudication of a K-1 fiancée visa I should say, "yeah a pregnancy does not hurt". That being said, no one should take or view this video in the light that I am advocating getting pregnant in order to better provide more certainty with respect to the underlying K-1. In fact, that is not the case at all. For example legal grounds of inadmissibility regardless of whether or not the alien is pregnant or not, those legal grounds of inadmissibility are going to apply regardless of that. So thinking that one is not going to be denied if they have for example a criminal record just because they are pregnant is "No, that is not the case at all."  And moreover, major lifestyle choices should never be made solely for the purpose of gaining an Immigration benefit. For example simply getting married, a so-called "marriage of convenience", is never a good idea in order to go ahead and secure Immigration benefits. Nor is getting pregnant simply for the purpose of bolstering an already processing or soon-to-be processed Immigration application or petition. But that being said, if a pregnancy comes about during the natural course of relationship events, well all the better.  In fact, that is something to be celebrated and as I said earlier you know it's sort of commonsensical to presume that that's not going to hurt the case. If anything, it bolsters the bona fides of the case, but again a couple should not be looking to get pregnant simply to secure with more certainty, Immigration benefits down the road.