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ResourcesVisa & Immigration LawUS Immigration LawPlanning For Adjustment Of A K-1 Fiancée Visa?

Planning For Adjustment Of A K-1 Fiancée Visa?

Transcript of the above video: 

As the title of this video suggests, we are discussing the K-1 Fiancé Visa, specifically adjustment of status after arriving in the United States in a K-1 Fiancé Visa. In the past I would tell people you need to plan on being there for a fairly short period of time to adjust status, and by fairly short, weeks, months, and dealing with Adjustment of Status. More recently I have said "hey, okay adjustment is taking longer but you can get an Advance Parole travel document if you need to leave so don't worry as much about that.” Now what we are seeing is there are backlogs through across the board associated with Adjustment of Status as well as Advance Parole, i.e. a travel document to leave while one's adjustment is pending.

Again, I have no other word for the current state of the Immigration System in the United States other than it's just fundamentally broken, as evidenced by the situation at the border which is just a crisis to say the least. Meanwhile, the system itself for legal Immigration seems to be concentrated on thwarting, being obtuse, just generally making the overall process difficult, it just seems to be the case. Adjustment, not so bad comparatively to some other processes we deal with on a frequent basis here in the office, but it's not a cakewalk and quite honestly it's something that one is going to need to plan moving forward on being in the United States to deal with for a more for a more prolonged period of time than quite honestly one had to plan for in the past. So the thing to take away from this video is at the end of the day there are many advantages to the K-1, especially from a timing standpoint if you are looking to bring your fiancé into the United States in a more efficient quick manner compared to other options. That said, you have to plan to be in the United States for a relatively prolonged period of time in order to get Green Card status "locked in".

So the thing to take away from this video is you are going to want to go ahead and probably contact a legal professional, gain some insight and guidance into all one's options and then understanding the, it's that great line from the movie Argo, where they say: "didn't we have any better ideas?" and he said: "no, this is the best bad idea we have!" You may be in a position where you are looking at a bunch of scenarios that are not overly optimal and you do not overly like and you just have to come up with the best bad idea of the bunch. For some that may be the K-1; for others they may be looking at Immigrant Spouse Visa options; for some it may even be the K-3, the Non-immigrant Spousal Visa. Again it's going to be circumstantially dependent and again to reiterate, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.