My immigration reform proposal

[lucyrich 20]

Immigration reform is a hot political topic these days. I don't hold out much hope that their reform will streamline anything or make things simpler, but what would I propose? How could at least our little corner of immigration be reformed in a way that doesn't compromise national security at all, but makes it easier for US Citizens to live in the US with their foreign spouses?

There's no national security interest served by insisting that K-1 couples remain unmarried until after entry in the US, so why insist on it? Current law makes it impossible to plan a firm wedding date in advance, makes it hard to choose a wedding location that satisfies both families and immigration law, and wastes investigator's time verifying the single status of the K-1 alien at the POE.

There's no national security interest served by insisting that K-1 visa holders remain inside the US until adjustment of status is completed, so why insist upon it?

The two genuinely important things for marriage-based immigration are that the couple have a bona fide relationship, and that the alien go through the background checks and meet the normal admissibility requirements in INA 212. Let's keep these important requirements, while simplifying and combining the K-1/K-3 visa process.

My proposal:

Stop accepting petitions for the current K-1, K-2, K-3, and K-4 visas. Continue processing petitions that are already in the pipeline, using the laws in effect at the time the petition was filed. Replace the old K visas with a new fiancee/spousal visa, call it K-5, with a K-6 derivative visa for children.

A USC may petition for a K-5 visa for his/her fiancee or spouse. The petition filing must include evidence that the petitioner is a US Citizen, that the petitioner and beneficiary have a bona fide relationship not for the purpose of evading immigration laws, and that either a) the petitioner and beneficiary are legally married, or b) the petitioner and beneficiary have met in person during the two year period prior to filing the petition, and they are legally free to marry, and they intend to marry sometime between the date of filing this petition and the date that occurs 90 days after entry into the US on a visa granted as a result of this petition.

Once the petition is approved, the beneficiary must apply for a visa at a foreign consulate, and must meet the same INA 212 admissiblity requirements currently in effect for K-1 or K-3 applicants.

When the visa is activated by entering at a POE, it results in a non-immigrant K-5 status for a period of 90 days. Adjustment of status to that of (possibly conditional) lawful permanent resident is possible only as a result of a marriage between the beneficiary and the original petitioner. The adjustment of status petition must include the marriage certificate. The adjustment of status procedure should be the same as the current adjustment of status of a K-1 visa holder, except that there is no requirement that the marriage happen in any particular country, nor is there a requirement that the marriage happen at any particular date, as long as it has happened before applying for adjustment of status, and as long as adjustment of status is filed no more than 90 days after initial entry to the US on the K-5 visa. LPR status will be conditional if and only if the marriage is less than two years old at the time LPR status is granted.

A K-5 visa is good for multiple entries, for the duration of K-5 status (90 days after initial entry).

What do you think?

[Henia 11]

I think I need to reread your post and get back to you. K-5 visa seems to defy all laws of the current finace(e) and spousal visa laws.

[Henia 11]

I reread you post. Your K-5 visa sounds just like the K-1... maybe I am missing something here. Or maybe I should re-re-read.

[almaty 19]

brother, it is too simple for the feds to do..they like allot of different categories on everything

[lucyrich 20]

I reread you post. Your K-5 visa sounds just like the K-1... maybe I am missing something here. Or maybe I should re-re-read.

It is just like the K-1, except that you don't have to stay single until entering the US. So it also works just like the K-3, except that you don't have to marry before filing the petition. You can marry whenever and wherever you want. Your marriage plans no longer have to be tied so critically to the timeline of immigration paperwork processing. And the two separate visa types are encapsulated in one visa type.