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ResourcesVisa & Immigration LawUS Immigration LawK-1 Visas: Timing of Post-Adjustment Green Card Issuance?

K-1 Visas: Timing of Post-Adjustment Green Card Issuance?

Transcript of the above video: 

As the title of this video suggests, we are discussing K-1 Fiancé Visas. For those who are unaware, it is possible for the fiancé of an American citizen to obtain a Visa for the specific purpose of travelling to the United States in order to marry their American fiancé. 

The question then becomes what happens after arriving in the United States? Well after arrival in the United States, the foreign fiancé has 90 days of lawful status in which to get married and then file for adjustment of status to Green Card status. Now the question posed by this video is how long does it take once you file for adjustment to actually get the Green Card issued? Unfortunately, and I hate to say this, in the past it took like four to six weeks. I remember sending people back the United States with their adjustment packet - they would mail it in after they got married - and like a month later they would get their Green Card in the mail. Now it takes months. I don't know why. They've added all sorts of extra Requests for Evidence that I've never seen in the past them needing and now out of nowhere they want all this documentation. I personally think they are intentionally trying to be obtuse; I think a lot of the policies if you will that got put into the system during the Trump Administration, especially during the latter half, had really not been repealed in any effective manner during this present Administration. If anything, I think the Immigration System has gotten worse as time has gone on through this past four years. 

That said, do I think it's going to get all that much better anytime soon? Likely not and if we see a Trump Presidency, I could also see a situation where Immigration becomes increasingly difficult moving out past that point. That said, as far as time lines, presume you are going to spend multiple months in the United States waiting for the Green Card to be issued. So again, depending on your circumstances, the K-1 Visa may not be the most optimal travel document. 

That said, if you just want to bring your fiancé back to the USA and just hunker down and wait out the process, a lot of folks opt to do that because they have a life they have to lead; they have a job and things back in the US, again it may be optimal. As I have said in many other videos, the specific facts of your underlying case will dictate what will be the most optimal option with regard to Immigration status.