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Only American Citizens Can Apply For A K-1 Visa?
Transcript of the above video:
As the title of this video suggests, we are discussing "only Americans can apply for a K-1 Fiancé Visa?" Now to be clear, I am not saying Americans get a Fiancé Visa, no. Obviously Americans have a US passport; they can come and go from the United States as much as they want. But it is true, only American citizens can apply for a Fiancé Visa on behalf of a foreign loved one. A Green Card holder, a Lawful Permanent Resident of the United States cannot do that. They have to get married in order to file for a Spousal Visa for permanent residence as well, an Immigrant Spouse Visa. So yes, the K-1 Visa does require that the petitioner be American. So yes the short answer with regard to this video is yes only American citizens can apply for K-1 Fiancé Visas.
Now that being said, if you are an American citizen, depending on your situation, the K-1 Visa may or may not be the most optimal travel document under your circumstances. What do we mean by this? Well depending on the scenario you are in, depending on your circumstances, it may behoove you to get married or it may behoove you to not get married, again depending on the prevailing condition of the Immigration System which right now I have got to say the condition of the Immigration System is it could be in a lot better condition. But long story short, yeah you have got to make a decision as to what is going to be strategically best for you in terms of, for example is speed, getting your loved one into the United States the primary concern, or is getting your loved one into the United States and getting their Green Card sorted as quickly as possible a concern? Because there is different analysis with respect either of those two things because for example the K-1 Visa holder does not enter the United States with a Green Card. They have to undertake adjustment of status post-marriage in order to get a Green Card. So that are certain times where getting married first may be better depending on the situation that a couple finds themselves in, sometimes there are situations where going with a Fiancé Visa is more optimal.
The point of this video is not only is it going to be based on the facts in your case, but long story short, also a major factor is are you a US citizen? If you are, then you can avail yourself of the K-1 Visa; if you are not, unfortunately it is not a benefit that can be sought by a Lawful Permanent Resident in the United States of America.