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ResourcesVisa & Immigration LawUS Immigration LawMy K-1 Visa Is Taking Too Long: Should We Get Married?

My K-1 Visa Is Taking Too Long: Should We Get Married?

Transcript of the above video:

As the title of this video suggests, we are discussing US Immigration, in this case K-1 Fiancé Visas and the prospect of marriage. I want to preface this video by saying no personal decision, decision about one's personal life should be dictated by Immigration concerns in the sense that you shouldn't just get married to get a visa, for example. You shouldn't just get in a relationship to try to get a visa, for example the K-1 Fiancé Visa.

What we are more talking about here is folks that have been just languishing in the system and unfortunately there are more of those right now than I would really like. A lot of them have asked me well we have been trying to do with this K-1 for whatever reason is kind of getting clogged up and there are a lot of different reasons they are being currently clogged up. Probably the biggest reason is just the former Administration created a lot of different rules and administrative obstructions if you will for lack of a better term, that have caused a lot of cases that in the past just moved through with relative ease to now just be in certain cases to just seem to be caught, caught up if you will, kind of a log jam. The question is: "should we get married?" Well the answer to that is it depends on your circumstances. Understand marriage in and of itself negates the K-1 so the K-1 is then out the window. Then the next issue is, is it going to speed things up? Quite frankly, possibly not because whatever time you have spent waiting for the K-1, it is not like it is credited to the next Visa petition. I have seen circumstances where folks just say "Look, we are tired of not being legally married. We have been waiting for this; we want to be legally married." And again this is a situation where personal decision is not being driven by Immigration. They are doing what they want to do and Immigration is just is what it is, so be it. 

So again, it is going to be fact dependent; it is going to be very circumstantially dependent. There are some circumstances I can see where cases have been moved over for excessive adjudication where maybe marriage could kind of avoid that. Again that is really going to be based on the facts. Long story short yeah, marriage fundamentally changes the situation vis a vis the K-1 and what happens after that can be irrevocable so it is probably not a bad idea to really seriously analyze your situation before making a final decision.