Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Fiancé(e) Visas. We are specifically discussing K-1 Visas in the context of processing time and prenuptial agreements. So what are we talking about here? 

Well the K-1 Visa generally speaking, has a pretty long processing time. Generally speaking right now, the cases we are seeing coming through Thailand, and that is primarily what we deal with, we are often seeing these cases are processing in at least about a year, maybe a little bit more; again depends on the facts of the case; depends on the nature of the case, but pretty safe bet the overall case is going to take about a year to process out. This comes up in the context of prenuptial agreements, because quite honestly the prenup is not an immediate concern. What are we talking about here?

The prenup is not something that needs to be dealt with at the beginning of the process of the K-1 Fiancé(e) Visa. There is a whole process of dealing with DHS, adjudicating the underlying petition for a Fiancé(e) Visa that has to be undergone before the case even gets moved over to the Department of State where they will then send it over to an Embassy to process it out, for example, here at the Embassy in Bangkok. That takes another, depending on circumstances, chunk of time. But the first phase of the process deals with Department of Homeland Security in the United States, so you are going to have to deal with that before you even get to dealing with the Embassy over here. That leaves a lot of time to deal with the prenup and for a lot of different people, I don't think you want to be dealing with prenup: again different couples have different thoughts on the subject and I have talked to different people who felt different ways about it, but in my opinion is there is a sort of sweet spot in the middle of sort of dealing with the back end of the K-1 Visa process where you are dealing with the K-1 Visa interview, you are dealing with stuff associated with that, and then deal with the prenup at that time. Basically it is a sweet spot because issues of duress affect prenuptial agreements and timing and where a person is at and if a person is still in their home country, not under any major duress regarding anything having to do with, "oh they now have a Visa issued so they have to leave within a certain period of time", or there's duress with regard to, "when are we going to move your stuff or something like that", it's better if you are in sort of the latter phase of the K-1 process, but at the same time you don't want the signing of that agreement to be so far removed in time from the actual marriage to create issues of well, "I kind of forgot what that was", you want it all within a kind of a sweet spot period where there no duress but there's also not a significant lag between the time that a prenup is signed and a marriage is actually solemnized. 

So again, timing issues with regard to the K-1 Visa oftentimes are going to be driven by the specific facts in the underlying case. But the thing to take away from this video is to understand, a prenup does not necessarily have to be dealt with at the moment at which you are starting the K-1 Fiancé(e) Visa process.