Transcript of the above video: 

As the title of this video suggests, we are discussing the irony if you will of K-1 Fiancé(e) Visas versus K-3, CR-1 or IR-1 Marriage Visas, and what is this irony? 

Well I get calls from a lot of folks and folks will contact us and I will do consults with folks, and they will make the presumption that getting married makes the Immigration process go faster, and the irony is most of the time it doesn't. Now again, there are specific fact patterns and specific circumstances wherein maybe it will depending on the underlying circumstances of a given case, especially back in the old days, when we could do what were called local filings here through the USCIS Office up until, in their infinite wisdom, the original Trump Administration closed down the local USCIS Office which I have always kind of questioned insofar as Bangkok is the largest Embassy in the world and the one thing that actually serviced the American expat community to some extent was having a local USCIS Office but that was closed down, but such is the nature of I guess the American bureaucracy. In any event, there are certain fact patterns where this doesn't necessarily hold true, but they are discreet. It is a fairly small subset of cases where this is not the case. 

In most cases, a Fiancé(e) Visa will usually get one's loved one into the United States faster than a Marriage Visa. What are we talking about here? Well you have to understand the nature of the system. One, a Fiancé(e) Visa in a way is sort of only half the battle if you will in terms of getting that person Lawful Permanent Residence in the United States. A Fiancé(e) Visa is a Non-immigrant dual intent Visa that allows for the K-1 Visa holder to travel to the United States with the specific intent of marrying a United States citizen and then seeking Lawful Permanent Residence thereafter. They have 90 days in which to do that: that's why it's a non-immigrant visa. It does not allow one once they arrive to just remain in America without taking further action. With the K-3 Visa it is similar. We don't really see those visas very often. As I have discussed in other videos, they are effectively administratively closed by the National Visa Center, so let's put those aside. 

With regard to the CR-1 Conditional Resident or IR-1 Immediate Relative Visas, these are the standard Immigrant Spousal Visas for folks who are already married to an American citizen. So effectively, upon arrival in the United States, those types of folks in CR-1 or IR-1 status are stamped in with Lawful Permanent Residence at the port of entry when they arrive in the United States. Again different from the Fiancé(e) Visa because the fiancé arrives and still has to go ahead and get married and then seek adjustment of status in order to get Green Card status in the United States. That said, the nature of the Fiancé(e) Visa process is such that for example we don't have to deal with the National Visa Center as extensively as we otherwise would in the context of a Marriage Visa. 

For this reason, dealing with the Fiancé(e) Visa is much more difficult, excuse me, dealing with the Marriage Visa is much more - difficult is the wrong word - time consuming, than dealing with the Fiancé(e) Visa. So oftentimes, a Fiancé(e) Visa will get a foreign spouse or a foreign prospective spouse into the United States more quickly than a Marriage Visa. And it is for this reason, those who are thinking about travelling to the United States or seeking a visa to the United States should really seriously consider contacting a legal professional who deals with, in the context of Thailand, issues such as marriage registration, possibly prenuptial agreements if that is an issue for somebody as well as the US Immigration process, because that person is going to be able to basically analyze your case and tell you hey if your goal is to get them there fast, you may not want to get married first. If your goal is to get them there with Green Card status you may want to go through this route as opposed to that route. Again different fact patterns are going to drive analysis in different ways regarding the conclusions on the best way to take a foreign fiancé or spouse into the United States from the Kingdom of Thailand.