Transcript of the above video: 

As the title of this video suggests, we are discussing the K-1 Fiancé(e) Visa. For those who are unaware, American citizens are able to petition the US Government to obtain a Visa for a foreign fiancé(e) to come to the United States for 90 days for the sole purpose of getting married and filing for adjustment of status to Lawful Permanent Residence in the United States. 

As I have discussed in a prior video, this Trump Administration has come down and said that they want people to basically self-deport while they are waiting for the adjudication of their Residency Permit in the United States; of their Green Card, their Lawful Permanent Residence. Now this is all being challenged and things in the Court, but I thought of making this video because I have discussed this in other videos, but I haven't really drilled down and made a fine point of it. 

The Immigration and Nationality Act specifically created the K-1 visa to allow for 90 days of lawful status. So long as one gets married within that 90 days and files for adjustment of status, they can remain in the United States while the adjustment is pending; that is how the law is written. So these recent announcements regarding adjustment of status - or I think the more accurate term would probably be change of status - and again the distinction there being between somebody, for example that goes in on a Visa that has nothing to do with Immigration. By that I mean K-1 Fiancé(e) visas are what is called dual intent visas. You can maintain the intention to both be a non-immigrant as well as have immigrant intent i.e. want to live there. Another example of a visa or two visas that have this same kind of attribute associated with them are the L-1 Transferee visas, and H-1B visas. Now I don't get into a lot of talk about employment-based visas because quite frankly, over the years we have done some of those cases, but they don't frequently arise here in Thailand, they just don't come up all that often. But the K-1 on the other hand is quite a frequent Visa that is used out here, and it's specifically designed to adjust status. 

So whatever is going on with this Administration, I think they are going to have a hard time saying that somebody who comes in for 90 days, does everything they are supposed to do, files for their Green Card, then has to leave the United States. In fact, you can't leave the United States unless you get Advanced Parole; basically permission to leave the United States before the Green Card is processed. I actually had a case here recently where I assisted in getting the K-1 visa and then they got into the United States, they filed for adjustment of status, a loved one in the Immigrant partner's family got very, very ill and they wanted to get Advanced Parole to get out of the United States. They go down to the Immigration Office and they say, "Well we see that your loved one is deathly ill, but we just don't think that's a good enough reason." I mean the level of bureaucracy we have gotten to is just insane. This isn't how this was intended to work. I don't really understand even what the system is doing. It reminds me of the Soviet Union where it is just being obtuse for obtuseness' sake. 

That being said, the point of this video is for those who are looking to bring a loved one in the United States, look I don't see any way that the Administration can block people who come in on a K-1 from adjusting to Lawful Permanent Residence in the US.