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Article Directory :: Legal Articles
The following article will briefly explore the comparative advantages and disadvantages of the United States fiance visa and the United States Marriage Visa.
The travel document which is commonly utilized to bring a foreign fiance to the United States is referred to as the K-1 visa. The K-1 visa allows the bearer to remain in the United States of America for a limited period of time: 90 days. Within this 90 day period the couple must legally marry and apply for adjustment of status in order for the foreign fiance, now spouse, to remain lawfully in the USA.
Immigrant spouse visas are rather different from their K-1 counterparts insofar as the Immigrant spouse visa confers lawful permanent residence to the alien upon lawful admission by the United States Customs and Border Protection Service at a United States Port of Entry. There are basically two types of Immigrant spouse visas: the CR-1 visa and the IR-1 visa. The CR-1 visa confers conditional lawful permanent residence upon the bearer upon admission to the United States. Generally, this means that the foreign spouse of an American Citizen in the United States must apply to have their conditionality of residence lifted before they will be entitled to remain in the United States permanently on an unencumbered basis. The IR-1 visa is designed for spouses of American Citizens who have been married for two years or more at the time that the foreign spouse is admitted to the USA by the Customs and Border Protection Service.
The K-1 visa process usually takes less time than the Immigrant spouse visa process. However, the United States fiance visa is considered by many to be an inferior travel document compared to an immigrant visa because of the aforementioned status differential. Simply put, entering the United States in lawful permanent resident status puts an alien loved one in a substantially better position compared to an alien entering the USA in K-1 status. For many, the visa status of a foreign loved one is less of a pressing concern compared to that of getting said loved one into the USA as quickly as possible. The K-1 visa offers a sort of expedited route to admission to the USA, but it should be noted that the K-1 process effectively bifurcates the Green Card process thereby necessitating adjustment of status upon arrival which can be costly and time consuming.
Those interested in learning more about K- visas and Immigrant visas are well advised to research the adjustment of status process in order to make a fully informed decision about what type of travel document best suits the needs and preferences of all concerned.
Ben Hart is an American attorney handling American Immigration matters in Thailand. Contact: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. Please see: K1 Visa Thailand or US Visa Thailand.
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