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K-1 Visas from Thailand: From Fiancé(e) to US Citizen?
Transcript of the above video:
As the title of this video suggests, we are discussing the K-1 Fiancé(e) Visa and specifically discussing, I was actually on the phone earlier with prospective clients discussing some matters pertaining to the possibility they may be moving over, and they were kind of talking about their US Immigration history and during that discussion I thought I should make a video on this.
I don't really talk about the fact that yeah, in a very real sense the Fiancé(e) Visa can be a path to US citizenship. It's not really one, a lot of people think of, especially when they are initially getting married and things. They are mostly just thinking about getting married, getting a Visa so they can be together, but the fact of it is yeah, a Fiancé(e) Visa accords the ability to come to the United States - as discussed in many other videos - with 90 days of lawful status for basically the sole purpose of getting married and applying for a Green Card. That process of applying for a Green Card is called the Adjustment of Status process whereby again the case is sort of in a way kind of re-adjudicated.
I do have to be honest, prior to about 2017, the Adjustment of Status process was almost a formality on a K-1. We would send people over there, they would basically just file a package that was about this thin, and their Green Card would come in like 6 or 8 weeks. I do understand the need for some heightened scrutiny especially; I tend to agree with Trump's overall belief that we do need more scrutiny associated with US Immigration; I may be one of the few US Immigration Attorneys that believes that. So there was heightened scrutiny starting in 2017. The process of Adjustment of Status is more lengthy than it once was but if you get through the process of Adjustment of Status and most who get a K-1 Visa to begin with, usually do not have an issue with that. Once that is approved, you get your Green Card; you get your Lawful Permanent Residence. That is issued with Conditional Lawful Permanent Residence at the beginning. 90 days prior to the two-year anniversary of gaining that status, an individual, so long as the couple is basically still married, still in the same status as they were, presumably they can go ahead and file to have their conditions lifted and at that point the Lawful Permanent Resident status is unconditional. 90 days prior to the three-year anniversary of gaining Lawful Permanent Residence, again by dint of marriage to an American citizen, it is possible to then apply for naturalization to United States citizenship. Upon being naturalized as a US citizen, that person is a US citizen like anybody else. They have a passport, an ability to travel just like any other US citizen. It is a major benefit so it's something to think about. It is quite a ways down the road for many folks. Again processing time on the K-1 Visa itself right now is right about a year, a little bit more. It takes some extra time to process Adjustment of Status and then it takes time to process for naturalization. So we are not talking about something that is going to happen in a really shortened period of time. Although depending on the status of the American spouse if they are for example in the US military or they are in some way employed by the government, especially overseas, that can have an impact regarding the ability to naturalize and the time frames associated therewith.
So again, it is a path in its own way to US citizenship. It shouldn't be looked at purely as that, it should be looked at as a benefit associated with a bona fide relationship. But that said, it can be a path eventually to naturalizing to US Citizenship. I do understand that I make these videos and in a very brief period of time, I talk about some very expansive topics. For those who are overwhelmed by some of this information, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.
