Transcript of the above video: 

As the title of this video suggests, we are discussing the K-1 Fiancé(e) visa. We're specifically asking the question, is it optimal for a quick turnaround? Now what are we talking about here? Well it's not uncommon that we'll have clients, especially here in Thailand, that they either live out here in Southeast Asia sort of semi full-time or they are on the path to retirement where they one day want to be sort of semi full-time out here in Southeast Asia, or Thailand specifically, or they work out here for example but they do want to get some form of permanent visa for their loved one to the United States, while maintaining access to the United States, but in the near-term they may not necessarily want to be living there completely full time. So basically the big question asked is look if I get my significant other a travel Document be it a Fiancé(e) Visa or we go ahead and get married and seek an Immigrant Spouse Visa; in theory you could seek a K-3 but if you're not married yet the analysis really shouldn't be between K-1 and the K-3, it should be between the K-1 and the Immigrant Spouse Visas like the CR-1 and IR-1. Again, the question posed, basically I want to get my loved one to the United States; I want to get them into Lawful Permanent Residence status, but we may need to turn around after getting to the US and leave. Is it optimal to utilize a K-1 for that? Frankly, no is basically the kind of broad answer. 

Now there are certain fact patterns where yes a K-1 may be optimal, but if the issue is locking in a loved one's permanent residence status and then being able to travel pretty quickly thereafter, the K-1 is not optimal because the K-1 is designed to provide 90 days of lawful status in the United States during which time the couple needs to go ahead and get married and then apply for Adjustment of Status. After Adjustment of Status, it is possible to leave the United States and maintain one's status, but during the pendency of the adjudication of Adjustment of Status, if one leaves the United States without getting what's called an Advanced Parole Travel Document - which I will get into here in a minute - if you leave without getting that, basically your status extinguishes so you don't get to finish off the Green Card process and you are just sort of out, you are back to square one. 

Now you can get the equivalent of a “re-entry permit” if you will, in the form of what's called an Advance Parole Travel Document which does allow folks on a K-1 to leave during the pendency of their adjudication of their Lawful Permanent Residence in the United States and maintain that status. Now here is the rub though. Advance Parole at one time issued fairly quickly. These days quite frankly, there also was a time when Adjustment of Status took a matter of weeks and it was almost just like a formality, then sort of post-Obama going into the Trump Administration, Trump One Administration, it turned into this real convoluted sort of adjudication of the adjustment and then Biden's Administration really made nothing any better than I can see. So one, the adjustment process is longer and two, now it's not a foregone conclusion that you're going to quickly get an Advance Parole Travel Document.

So for this reason, if you are looking to marry your spouse and you are looking to go into America and be able to immediately turn around, those who enter in the United States in Immigrant Spouse Visas status are issued their I-551 stamp at entry; they are essentially granted their temporary Green Card at the moment of entry. Beyond even that, their Lawful Permanent Residence attaches at the moment of entry so they are a Lawful Permanent Resident at the moment they enter. In theory, although it may not be optimal and depending on the circumstances, this may not be what you want to do but in theory, someone could arrive in IR-1 or CR-1 status, be stamped in, attach their Lawful Permanent Residence at that moment whatever form that may be - conditional or unconditional lawful permanent residence - and then they can effectively travel. Now again you get into issues of abandonment of residence, and you have to be seeking travel documentation in line with your true intentions. But that said, yes, it is much easier to travel subsequent to entry in the United States on an Immigrant Spouse Visa versus a K-1 Fiancé(e) Visa.