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ResourcesVisa & Immigration LawUS Immigration LawK-1 Fiancée Visas: Is Adjustment of Status Taking Longer?

K-1 Fiancée Visas: Is Adjustment of Status Taking Longer?

Transcript of the above video:

As the title of this video suggests, we are discussing we are discussing K-1 Fiancé Visas and I have had a lot of questions here recently. We haven't been doing a lot of Adjustment of Status although we did file some cases before the rule change under Trump. Now things are kind of shifting backward although I think maybe the damage is done institutionally.

People have been asking me "how long are these taking?" Well it is not like it used to be. Frankly going back three or four years ago, Adjustments of Status coming off of a K-1 was a pretty smooth thing. I mean they are not a foregone conclusion. It is its own adjudication but in a lot of cases we didn't even see a lot of interviews in those cases; now that is definitely not the case. There are a lot more interviews associated with those but it is taking a lot longer. I mean just the processing time has gone up a lot compared to times past. I would usually see people and most of the time, not all the time but there were some cases where folks would just go off and do it on their own. I think you need to be careful with that now. I am not necessarily saying it necessarily has to be using us or whatever, but it is probably a good idea to have an Attorney in my opinion whomever it may be, to assist with the Adjustment of Status process because yeah it is just not what it was. K-1's again very smooth it was sort of a back end, it was almost like an addendum, it was almost like an appendix to the overall process. Now, no. It always was an adjudication in its own right but it didn't seem to be quite as clunky or that the pertinent Immigration Officers were going out of their way to make it a more stringent scrutiny. Now that just appears to be the case. I am not saying that is a good thing. In fact I don't really understand why it is necessary particularly after you have gone through an entire process of getting through the K-1 process where many of these matters have already been adjudicated once.

That being said I think it is probably something of a throwback paradigm from the Trump Administration which was not overly friendly, and that is an understatement, to the Immigrant community. Hopefully we will see this change as Biden's Administration proceeds on and we will start seeing K-1's adjusted to Green Card status in a more timely manner.