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ResourcesVisa & Immigration LawUS Immigration LawDoes US Immigration "Not Like" K-1 Visas?

Does US Immigration "Not Like" K-1 Visas?

Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Fiancé Visas. For those who are unaware, it is possible for an American citizen to bring their unmarried soon to be spouse prospective spouse, fiancée to the United States. The K-1 Visa is issued with a 90-day validity of status in the country in the United States, so upon arrival in K-1 status, the foreign fiancée of an American has 90 days in which to get married and file for what is called Adjustment of Status which is basically a change of status to Green Card or Lawful Permanent Resident in the United States of America. 

Now the question posed by this video is "does US Immigration not like the K-1 Visa?" What are we talking about here? Well we talked about this a lot back in 2020 and 2021 where it seemed like the Trump Administration was kind of going out of its and kind of drag its feet on a lot of Immigration things and then on top of everything, it seemed to sort of deprioritize the K-1 Visa. While the present Administration has reversed a lot of that, there does seem to be this sort of institutional paradigmatic holdover I guess you could call it, I will say that again, institutional paradigmatic holdover, kind of a way of thinking that in my opinion is still somewhat institutionalized wherein Fiancé Visas oddly will sometimes end up moving faster than Marriage Visas and there seems to be this kind of weird bureaucratic impetus to, it seems to me to slow them down like there is a conscious effort to say: "well why are fiancés getting in faster?" Well point of fact, they are getting in faster because they don't have the quagmire that is the National Visa Center to contend with when you are processing through that system as opposed to the Spousal Visas for example the IR-1 or the CR-1 Spousal Visa, which does have to go through NVC. 

So long story short and the thing to take away from this video is, yeah K-1s I would say, I wouldn't say that the system doesn't like them, it's not able to do that, but there does seem to be a kind of methodical institution of kind of, I hesitate to call it benign neglect, but it just doesn't seem to be a priority as much as, and I am not saying the K-1 was even a priority before, maybe the more correct word to use it in the affirmative is, it has been deprioritized and although the laws don't necessarily reflect that under this Administration you can kind of feel it at least in what we do around here day-to-day which is dealing with these cases and it just kind of feels like "Ehhh, we don't love K-1 Visas", but at the same time quite honestly the whole system in my opinion has been in a cocked hat since about 2018 onward, and then the pandemic on top of that just didn't really, well let's be clear, the governmental responses to the pandemic, did not help the situation and that leaves us basically where we currently are. 

Now all things considered, depending on your circumstances, the K-1 Visa may absolutely be the best way for you to go. That said, there's a lot of variables to factor into the overall process so for those who are looking into this earnestly, probably a good idea to contact a legal professional, gain some insight and guidance into how best to proceed.