Welcome to this week's weekly live immigration attorney chat. I'm Attorney Megan Pastrana. For
those of you who are new to our firm, new to our channel, our YouTube channel, and our Facebook
page, our firm is dedicated exclusively to helping couples across the nation and
across the world in navigating the US immigration process which can oftentimes be quite a labyrinth.
The other attorneys on the team and myself, we love to make these videos because we know that
knowledge is power and it's so important for couples who are just starting out or who are
going through the immigration process to have up-to-date and important information about
the immigration process. The way that we get a lot of our questions are from current clients
or prospective clients when we're talking in initial consultations and then also from here,
on our Facebook page, and YouTube channel. Depending on where you're watching this,
if you have a burning question, we'd love to give you information and feedback and clarity.
Please feel free to just do a hashtag replay if you're watching this on the replay and let
us know what are your questions, what do you want to know about the world of immigration
as it relates to couples because that that is our expertise, that is what we are a hundred percent
focused on in our immigration representation. I have a couple different topics some of them are
things that I have discussed before but I know that they are still coming up and I wanted to
provide even more clarity. There are questions that we've just been receiving a lot recently
and I'm excited because we're here depending on when you're watching this we're here a few days
before Christmas before the holidays if you celebrate Christmas or whatever holidays you
celebrate. I'm happy to be here with all of you. I have my door open. I usually have it
closed but I want us to enjoy. I really love Christmas lights, enjoy that glow
and also because I have a dog and she will want to walk around in the background and so I've recorded
videos recently with the door closed and then she sometimes she'll sit there in front of the door
really perturbed that she can't come and go as she pleases so you might see her in the background
all right without further ado let's dive in. Which is faster? Which option is faster? This is such a
common question for couples. Is it better to do the K1 Visa or the spouse visa? If you're new to
this process, all this alphabet soup might feel a little overwhelming but K1 is the fiancé visa
and CR1 is the spouse visa. Since the start of the pandemic in 2020, that's really the catalyst
of what has caused this question and this debate and this inquiry from couples as to should I do
the fiancé visa or should I do the spouse visa. Prior to 2020, the fiancé visa was hands down by
far typically the fastest way for individuals to be able to be together if they weren't
married yet. Back in the good old days, right? Before 2020, I remember helping couples then
we would get through the process in four to six months and then there were issues with
even separate from COVID immigration was having funding issues and then COVID happened and it just
aggravated the situation. That has just been a common theme, a common question. I know that there
are so many opinions on this from couples who were in the process or who have already completed the
process. Everyone will have their opinion on which they think is faster and our firm has talked about
this topic quite a few times but I thought with all of the changing wait times and depending again
on when you're watching this video, I'm making this here at the end of December of 2022 and so
I wanted to make an updated video with based on current wait times and what we're seeing.
The famous attorney words, "It all depends." I know nobody wants to hear that. It would just
be nice to just have a simple answer. Which one is faster? But the reality is it's going to depend on
your particular case and your particular situation and a lot of other factors including the country
that you will be having your consular interview at the embassy. I'm not going to leave you hanging
with it just depends, I want to give you a little bit more background, a little bit more clarity on
exactly how these two can actually each one of them could be faster depending on
your situation. What are some of the factors to take into consideration?
Here at the end of December of 2022, USCIS immigration has posted estimated wait times for
both of these case types. That is one phase of the case and that's an important estimate
of time to take into consideration but there's also a wait time after that very first step with
that petition, you'll be proving to immigration that you have a real relationship based on love
and then once that petition is approved then the next step in the process would be that embassy or
consular interview. I'm so glad we have some some people who are watching live I know everybody's
in the hustle and bustle of the holidays that I wasn't sure how many people would be available so
thanks so much for being here and if you have any questions, please feel free to throw them in the
in the comments and I'll be happy to answer them after the topics that we have for today.
Back to the topic at hand, what are some of the things that impact whether or not
um the the fiancé visa or the spouse visa will be faster? Current wait times show that the K1 Visa
process is taking about 15 months for immigration to make a decision on that first step. It's an
estimate so it could take less time or more time but that's where it's sitting at. The spouse visas
are falling in that in a similar range. They have different service centers and currently in
December of 2022, we're seeing wait times anywhere from 10 months to 15 months. Pretty similar,
right? It's really based on that petition. There's not one that's necessarily faster.
A lot of people are saying hands down the spouse visa is faster just because the fiancé visa wait
times have exploded to 15 months. Another thing to take into consideration with which option will be
faster for you is when can you get married? That's something that when we are working with couples.
If you're in two separate countries, when is the next time you can even be together
to visit one another. The spouse visa might take less time to get that approval on that petition
by a few months but if it's going to take you a few months before you can even be together
in the same country and have everything in line for being able to get married,
you're kind of putting yourself at the same wait time right as the fiancé visa. That's one
thing to take into consideration in balancing your options is how soon can you get married.
There are some countries where the wait time for a spouse visa to get an interview actually is longer
than the fiancé visa. While it might be painful to wait a few more months on that petition to be
approved by immigration for the fiancé visa, it's better in the sense that if you're from Mexico,
currently Mexico has the highest volume of cases, the highest volume of individuals immigrating
and so the wait time for the spouse visas at the US embassies and consulate in Mexico is actually
much longer than the fiancé visa. Currently whenever we're working with couples who want
individuals from Mexico typically that fiancé visa is a better option. That's just general advice.
Please know that there can be other factors to take into consideration as to whether or not
the fiancé visa would be the better option. In general, I would say right now what we are
seeing that the wait times for both are pretty similar. You're talking about a few months
and what I encourage all of you I want the biggest takeaway from this information is that there can
be a paralysis. Options are great but there can be a paralysis when you're having to choose between
two things that causes you to kind of get stuck and we hate to see that because we know you want
to be together and so it's definitely important to do research, it's definitely important you
know to speak with an immigration attorney and get clarity on what is the best option for you.
But the fastest option either way is going to be to make a decision and get that case
started. They're kind of pacing it at the same rate right now so either option can be great.
The most important thing that you have in your control is to make a decision and to get something
filed so I hope that that gives you clarity and I hope that that helps with that question.