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ResourcesVisa & Immigration LawUS Immigration Law"We Meet the K-1 Visa Requirements"?

"We Meet the K-1 Visa Requirements"?

Transcript of the above video: 

As the title of this video suggests, we are discussing the K-1 Fiancé(e) Visa. This is kind of a sister video to another video I did contemporaneously with this one, wherein I discuss people thinking that they know that they meet the requirements of Thai visas. This is one about people who oftentimes will contact us and presume that they know that they need the requirements of K-1 Fiancé(e) Visas. 

For those who are unaware, the K-1 Visa category allows the fiancé(e) of a US citizen to come to the United States for 90 days for the sole purpose of getting married and thereafter filing for adjustment of status to Green Card status, aka Lawful Permanent Residence. So the thing to take away from this video is one, the K-1 Fiancé(e) Visa is not the same as the standard Marriage Visas, often colloquially although kind of erroneously, referred to as the K-3 on the internet. The real US Visas, the CR-1 and IR-1 Visas, the standard I-130 petitions, are fundamentally and substantively different from the Fiancé Visas. The differences lie in the fact that their terms are different in terms of how long you can stay in the United States, but also the requirements are very different associated with the Fiancé(e) Visa, including criminal record requirements, which are very different between the K-1 and the CR-1 and the IR-1 and the K-3, as well as prior filings; if you have previously filed for another K-1 Fiancé(e) Visa, you may have to deal with certain aspects associated with waivers under the International Marriage Brokers Regulation Act. 

So long story short, the thing to take away from this video is don't presume that you know you qualify for the K-1 Fiancé in your situation, or don't presume that you don't; there are actually people that think that they don't qualify in some instances, and they might actually qualify. The thing to take away from this video is in order to understand whether or not you qualify, it's a good idea to contact a legal professional and gain some insight and guidance, because you don't know what you don't know.