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As the title of this video suggests, we are discussing K-1 Fiancé Visas, Wills and Estate Planning. Now these would seem to be two disparate topics that would not seemingly blend together if you will or interact much but in point of fact, they can. This is especially the case where we have seen the Immigration apparatus become increasingly inefficient and candidly, increasingly slow, as time has moved forward and we are definitely seeing that right now, leaving the Biden Administration, going into the Trump Administration. I have my worries as to whether or not the Fiancé Visa will continue to operate as it currently does. I am kind of hoping that the second Trump Administration realizes that there is a big difference between legal Immigration and illegal Immigration. But let's set that aside for the moment and recognize that look sometimes there's a scenario where bringing somebody, bringing one's loved one into the United States as a fiancé is optimal for a variety of different reasons. Let's just set aside the visa for a moment and now get into practicalities.

What happens if you pass away while processing a K-1 Fiancé Visa? Well, it depends on the circumstances. If in the United States, and the K-1 has been issued but the Adjustment of Status has not occurred, then what I call the sort of Widow Rule kicks in. There was a time where we had two different circuits in the United States that ruled differently on this. We've now had sort of judicial clarification regarding this matter but there was a time where different circuits said different things. At one time they said, look, if the fiancé, the American who is the basis for the petition, the petitioner, has passed away, you're just out. Sorry it's too bad but you don't get to remain in the United States. That circuit was overruled and now the rule is look if you're in the United States - whether you're waiting adjustment or not, even if you haven't filed for it yet - you can avail yourself of effectively a “Widow” Visa if you will by dint of the fact that you became married to an American. If you are not yet married, there could be problems with dealing with Fiancé Visa continuing processing, but generally speaking, if you marry an American and they pass away there is an ability to seek a sort of Widow or Widower type of Visa. I have discussed that in other videos; not going to go into great detail on that here. 

But another thing to bear in mind is yeah Estate Planning can be especially important during this. Again, for people that don't understand, because people are sort of saying "well the K-1 Fiancé Visa, what's that have to do with my Will or anything?" Well look, it can take over a year to get one of these visas issued; it can take even longer depending on circumstances. Then on top of it, you have got to deal with getting them adjusted into Green Card status and you can't be married for a certain segment of this processing period. 

So, the reason for Wills and the reason I bring up Estate Planning is you may need to make those arrangements especially if you are an older person and you are getting married and you want to make certain that your spouse is going to be taken care of in the event of your death. That said, you may not be able to get legally married to avail of the benefits of legal marriage for purposes of estate planning. The way around that, or not around it, but the way to deal with it, is to go ahead and make sure you have your Will and your Estate Plan in order notwithstanding the fact you have to remain unmarried in order to process the Fiancé Visa. Then at the end of the day, if something does happen but you have subsequently married while you are waiting for adjustment, yes that person could avail themselves of a Widow Visa. But the other thing to keep in mind to the back of one's mind is the fact that at the end of the day yeah, if you are worried about this, one should go ahead and draft a Will notwithstanding the fact that they may not actually be married yet, at least legally, to ensure that if someone does pass away while the case is processing, they will go ahead and bequeath whatever relevant property they want to, to their Thai Fiancé.