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ResourcesVisa & Immigration LawUS Immigration LawK-1 Visas: Why Am I Only Allowed a 90 Day Fiancée?

K-1 Visas: Why Am I Only Allowed a 90 Day Fiancée?

Transcript of the above video:

As the title of this video suggests, we are discussing Fiancée Visas and specifically for one I do know that there's the show "90 Day Fiancée". It is a show that has been made in the United States that goes into the relationships that underlie these K-1 Fiancée Visas and sort of the interesting nature of those relationships because these are relationships that are not, I won't say they are uncommon, but they are little different. In many ways some of them a very unique. They are bi-national couples and they are dealing with the process of getting into the United States.

The thing to take away from this video is I get a lot of questions from folks when I first talk to them about doing the 90-day K-1 fiancée visa and they ask “why 90 days?”  Well Congress, in their infinite wisdom, in the fifties when they were drafting the Immigration Nationality Act, determined 90 days was enough time in which to bring one's fiancée to the United States, settle in, get to know each other and get married. Whether I agree with that assessment or not is really irrelevant to this video; that is what it is. You have 90 days in which to bring that individual to the United States, marry them or don't marry them. If you don't marry them, your intentions change, then they need to leave within 90 days. If you do get married you need to then go ahead and file for was called adjustment of status to lawful permanent resident also known as green card status. But I get this question a lot. It is just the way to statute was written. I would argue that a little bit more time would probably be a good idea. However there are certain policy arguments that would dictate that "no it's plenty of time", I can see it both ways. One thing I do find interesting is couples that have been separated for a relatively prolonged period of time while they are undergoing the K-1 Fiancée Visa process, once they get to the United States I have often found they might not even be a 9-day fiancée. Sometimes they just run down to a Justice of the Peace or to a Courthouse and they just get married as soon as possible because they just want to go ahead and get the rest of the immigration documentation on file to get that foreign fiancée status in the United States regularized, get them their ”green card" and be on their way get on down the road. I see that a lot. I also see folks wait a little bit because they want to make sure that the marriage you know for lack of better term is going to stick, not to make light of marriage but you know folks just want to make sure that it is the right decision.

That being said, the 90-day period is prescribed by law. I think again it was the Eisenhower Administration, so go back and talk to Congress back then if there is anybody still around that helped co-write these laws.  Maybe check with them and see why 90 days was determined to be the sort of sweet spot if you will for a couple reuniting in the United States, making the determination to get married and adjust their status therein.