Immigration Law
In light of the Department of State’s recent announcement pausing immigrant visa processing for applicants from 75 countries, my office has been flooded with calls.
The panic is understandable. For couples waiting to be reunited, the phrase "indefinite pause" is terrifying. Many of my clients—particularly those with partners in affected regions—are assuming that all doors to the United States have suddenly slammed shut.
However, there is a critical distinction in U.S. immigration law that may save your plans: The difference between an "Immigrant Visa" and a "Non-Immigrant Visa."
If you are engaged to a U.S. citizen, the K-1 Fiancé Visa remains a viable, open pathway—but only if you follow one specific rule.
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To understand why the K-1 visa is likely still available while others are paused, you have to look at the legal technicality of the visa itself.
The pause explicitly targets Immigrant Visas. These are visas for individuals who intend to enter the U.S. as Permanent Residents immediately upon arrival (such as the CR-1 or IR-1 spousal visas).
The K-1 Fiancé Visa, however, is technically classified as a Non-Immigrant Visa.
Even though the ultimate goal is immigration (getting a Green Card), the K-1 visa holder enters the U.S. temporarily for 90 days. Because of this "dual intent" hybrid status, the K-1 is processed by the Non-Immigrant Visa unit at U.S. Consulates, separate from the Immigrant Visa unit that is currently subject to the pause.
In my practice, I am advising clients that K-1 processing remains operational, offering a lifeline for couples who might otherwise face years of delay.
This is the single most important piece of advice I can give you right now.
When couples hear about visa delays, their instinct is often to "make it official" quickly. They think, “If we get married now, our case will be stronger.”
Under the current pause, getting married abroad could be a strategic disaster.
Here is why:
I cannot stress this enough: If you are in one of the affected 75 countries, do not marry before consulting with an attorney. Maintaining your status as a "fiancé" rather than a "spouse" may be the only way to bring your partner to the U.S. in the near future.
I often get asked: "We are already married, but the pause is blocking us. Can we cancel our spousal case and file for a K-1 instead?"
Unfortunately, no. Once you are legally married anywhere in the world, you are no longer eligible for a fiancé visa. The K-1 is strictly for couples who are free to marry at the time of entry to the U.S. This is why strategic planning before you change your marital status is so essential.
While the K-1 remains a viable option, it is not without its hurdles. Consulates are facing high volumes, and scrutiny on "relationship evidence" is higher than ever.
At SG Legal Group, we are closely monitoring the Department of State’s implementation of this pause. We are actively helping clients expedite K-1 petitions and prepare strong I-129F filings to ensure that when the consulate reviews the file, it is approved without unnecessary administrative processing.
If your partner is in one of the affected countries and you are unsure how to proceed, do not guess. One wrong step—like a hasty marriage—could delay your reunion by years.
Contact me at SG Legal Group. My team and I will review your specific situation and help you determine if the K-1 visa is the right strategy for you.
Consultations are available in English, Russian, or Romanian.
Call 410-618-1288 or visit our contact page to schedule a consultation.
This article provides general information and is not legal advice. For advice about your situation, please contact me directly.
Oleg Gherasimov, Esq.
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