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ResourcesVisa & Immigration LawUS Immigration LawK-1 Visas: Speed vs Completeness

K-1 Visas: Speed vs Completeness

Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Visas. We are discussing them in the context of speed versus completeness so in a sense we are comparing them to Marriage Visas such as the CR-1 or the IR-1 Visa. 

When we say speed versus completeness what we are talking about here is the K-1 in a sense is half of the process of getting a foreign fiancée a Green Card in the United States. So it’s its own self-contained Visa. You can bring a fiancée to the United States; they can be lawfully present in the United States for 90 days; one must get married during that 90 days to their fiancée and file for adjustment of status in order to then seek a Green Card. So in a sense, if you are looking at it as the Green Card being the end of the line, it is kind of the first half of that process. Now the upside of the K-1 especially presently, is processing time, speed quite frankly and not having to deal with the National Visa Center which in my opinion is something that if you can avoid you are going to want to avoid. Unfortunately, National Visa Center presently is not particularly efficient and I have to wonder if it is not designed almost to be like a bureaucratic quagmire for these kinds of cases. 

If you are not already married and you are looking at your options the one thing to seriously consider with respect to the K-1 is it does process in a much more streamlined manner; it does not go through NVC the same way that Immigrant Spouse Visas go through but at the same time, the drawback to possible speed is the fact that you still have to deal with Green Card processing once the foreign spouse is in the United States.