Transcript of the above video: 

As the title of this video suggests, we are discussing K-1 Fiancé(e) Visas and Adjustment of Status in the context of a recent announcement from the Trump Administration. 

Before we get into that announcement it is worth pointing out, for those who want to bring a fiancé from Thailand to the United States and live with them in the United States, there is the process of what is called Adjustment of Status to Green Card status. So basically, what is going on here is you have a fiancé(e), you want to bring that fiancé(e) to the USA. And basically during the time frame - the 90 days of lawful status in the United States - the two of you need to go ahead and get married and then file for Green Card status; that is called adjustment of status to Lawful Permanent Residence. In that situation, there is sort of this it's not a limbo period, but during the process of the adjustment, that person is considered in lawful status. There has always been a little bit of a discrepancy insofar as like if you get married within the 90 days and then you don't quite get your adjustment application in before the 90-day mark, where does that leave you? Well traditionally, the view has been hey they got married within the 90 days. Okay, we will give them a little leeway; they are in status pending the adjustment. That said, this Administration is getting increasingly stringent in their interpretation of Immigration law and enforcement.

I thought of making this video after reading a recent article from the Associated Press, that is apnews.com, the article is titled: Trump Administration is reviewing all 55 million foreigners with US Visas for any violations. “The Trump Administration said Thursday, it is reviewing more than 55 million people who have valid U.S. Visas for any violations that could lead to deportation, part of a growing crackdown on foreigners who are permitted to be in the United States.” In a recent answer to a question from the Associated Press, the State Department said that all U.S. Visa holders” – it is important to note, this is the State Department saying this, it is not the Department of Homeland Security. I think that their comment carries a lot of weight, but it's ultimately the Department of Homeland Security that deals with these things internally. I think that is worth noting. - Quoting further: “which can include tourists from many countries, are subject to “continuous vetting,” with an eye toward any indication they could be ineligible for permission to enter or stay in the United States. Should such information be found, the Visa will be revoked and if the Visa holder is in the United States, he or she would be subject to deportation.” Well I mean there we are. There is going to be this continuous vetting and that is going to lead to increased scrutiny. 

Where does that leave folks? Well basically, the thing to take away from this video is be assiduous on your K-1 Visa about one, not overstaying most assuredly, but getting married as soon as it is feasible when getting into the United States, and then filing for the adjustment of status as quickly as possible thereafter so there are no issues. Now it is important to note again, while the adjustment is pending, a person is not considered out of status, okay. 

Now that said, we do see cases from time to time, circumstances just are what they are where somebody will get married within the time frame but occasionally due to again circumstances, the filing might not get in until after the 90-day mark. It is not a place you want to find yourself but historically the view has been "look, if it is clear that in good faith they got married within the 90 days and they in good faith got the adjustment filed", it is kind of a no harm no foul kind of situation. That said, it is important to be assiduous with your immigration status in the United States, especially moving forward through this Administration.