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K-1 Visas: What If We Don't Want to Get Married?

Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Fiancé Visas. A question I sometimes get, more often than people would think is: "What if we don't want to get married?" Well then you shouldn't be applying for a K-1 Visa. That is the short answer to that question.

How does this come up in context? Well frankly, it is a byproduct of the fact that Tourist Visas, especially here in Thailand for those who have a relationship with an American, Tourist Visas are pretty hard to come by. In fact, it has been our experience that the denial rate on those is quite high and it is due to what's called section 214 (b) of the Immigration and Nationality Act which creates a "strong ties, week ties" analysis wherein the applicant must show sufficient strong ties to their home country and weak ties to the United States. 

In a lot of cases although this sounds easy to overcome or it sounds straight forward, it is really not. We often, folks come to us especially after denials when they start looking at their options and trying to reassess what they want to do. Long story short, you do have to have a bona fide intention to marry in order to apply and ultimately be approved for a K-1 Visa. So, and this is serious stuff, I want to be clear on this. You should not be making decisions, major family decisions in order to get a Visa and you should not be lying either to the Immigration apparatus. So I get that question more often than people think and my answer is pretty much the same, it is like “look if you don't have any intention to marry, then you shouldn't be getting a K-1 Visa". 

Now that stated, folks intentions do change and as relationships grow, they oftentimes may end up doing a K-1 down the line and it may not be appropriate under certain circumstances and then as circumstances materially change it may change the analysis with respect to the K-1. So for those who are a bit confused by the overall process, it may be a good idea to contact a legal professional, gain some insight and guidance into how best to proceed.