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ResourcesVisa & Immigration LawUS Immigration LawK-1 Visas: Are They "Faster" Or "Easier" Anymore?

K-1 Visas: Are They "Faster" Or "Easier" Anymore?

Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Visas. In the past, it was easy for me to tell people look, it does have its disadvantages. The K-1 Visa, you don't enter in Green Card status; you still have to deal with adjustment of status but for most folks you have got your significant other there in the United States. They are with you, you are going through the process together. So in many cases, I would say for most, if speed was the issue they should go ahead and look at the K-1, this is going back years ago. These days it's harder and harder for me to say that. The backlogs have increased to the point where USCIS, you are looking at processing times someone similar to Immigrant Visas. 

However, that being said, one major key difference between the K-1 and the Immigrant Spouse Visas is K-1 Visas do not have to process the same way through the National Visa Center and I can't tell people, I can't stress enough how important that distinction is because having to go through the National Visa Center is a huge pain, it's a quagmire. I honestly think it's an ineffective agency in many different ways. It's a bureaucracy that I just don't see that we need it. It's highly redundant. USCIS deals with the same stuff that NVC seems to make such an issue of, especially in the context of family immigration. Not talking about employment-based, that's a different kettle of fish, I'm not even going to get into that. But in a family immigration context I think NVC's role as this kind of arbiter, although ethereal arbiter, just sort of out there in the internet telling you "we need more documentation" without any really reason why, they just say they need it. Yeah when you are sort of dealing with them on a frequent basis the way we do, you really begin to question even the need for it. The nice thing about the K-1 is you don't have to deal with the National Visa Center so when I kind of weigh it out I look at it as obviously do you want to get this person into the US fast? I think the K-1 at the end of the day is probably just slightly faster under current processing conditions and I stress slightly but man I think you are pulling your hair out a lot less when you are not dealing with the NVC.