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The Timing Conundrum with K-1, K-3, CR-1, and IR-1 Visas?
Transcript of the above video:
As the title of this video suggests, we are discussing the timing conundrum with regard to Fiancé Visas versus Marriage Visas. What are we talking about here? Well oftentimes, strange as it sounds, the Fiancé Visa can move faster through the process - at least the initial process - to get someone into the United States. So oftentimes when people contact us, I'll ask "well what's your big priority here? Is it to get your loved one to the United States quicker or is it to get that person in with their Green Card?" And this is the timing conundrum if you will.
If it's getting somebody into the United States quicker - your loved one, your fiancé into the United States quicker - generally speaking the K-1 Fiancé Visa is going to be the best route to do that; not always, different cases require different sort of analysis. That being said generally speaking that's going to be the case. That said, the problem with the K-1 in a sense is that it's only half the battle if you will with regard to the Green Card. You have still got to deal with Adjustment of the Status once in the USA. Now again this will depend on people's priorities whether or not they want to utilize K-1 or the Marriage Visas because the Fiancé Visa again may be faster, but then once you get there, you have got to deal with getting the adjustment sorted out before that person can leave for example or basically get on with sort of their normal life of residing in the United States. If they enter in Green Card status, utilizing for example a CR-1 or an IR-1 Visa, then the Green Card is sorted from the moment of entry. I've done videos in the past where the I-551 stamp is placed in the passport at the moment of entry, so the residence is sorted out.
So the question becomes and the conundrum is, do you want to deal with speed on the front end or do you want to deal with okay you get them in there fast, but then you have to sit around waiting for the Adjustment of Status. You can avoid that by going for the Green Card, basically an Immigrant Spouse Visa from the get-go, but if you do that, it's probably going to take longer than it would take to go ahead and get a Fiancé Visa to the United States from the Kingdom of Thailand.