The K1 fiance visa was designed in order to institute means and method for alien fiancees of American citizens to travel to the USA in order to unite with their American counterparts. This visa is usually referred to as a “fiancee visa” as a bona fide intention to marry is necessary to receive the visa. The primary advantage of the K-1 visa is that it has the quickest processing time when comparing it to marriage visas such as the K3 Visa and CR-1 visa. That being said, the K-1 does require that the alien fiance file for adjustment of status to lawful permanent residence within 90 days after being admitted to the United States. Usually, the adjustment of status process takes about 120 to 150 days from application submission until final decision.
An I-601 waiver was created for those who have previously been found inadmissible to the United States due to one of the legal grounds of inadmissibility found in the relevant provisions of the American Immigration and Nationality Act. In Thailand, two of the most common grounds of inadmissibility are the result of a factual finding that the alien fiance (or fiancee) engaged in prostitution within 10 years prior to the application’s submission or a finding that the alien fiance (or fiancee) overstayed in the United States and accrued unlawful presence while in the US on a prior visa.
Many inquire: if an alien fiancee is approved for one of the previously mentioned waivers of inadmissibility, then will she ever need to re-adjudicate that issue again? The short answer: no. After an I-601 waiver application has been approved the underlying waiver is binding. Therefore, if the local Office of the United States Citizenship and Immigration Service (USCIS) in Bangkok approves an I-601 waiver application, then that holding, based upon those unique and specific facts, will be respected by other USCIS offices adjudicating later applications that are connected to the alien’s presence in the United States of America.
As an illustration of how this could play out: a Thai fiancee is issued a denial by a Consular Officer at the US Embassy in Bangkok for a K-1 visa based upon a finding that a legal ground of inadmissibility exists. Pursuant to notice that a waiver will be sought, the file is then sent to the USCIS Bangkok office. If the I-601 waiver application receives approval, then the case will be sent back to the Consulate at the US Embassy. The American Consulate should then issue the K-1 visa, and the applicant will travel to the United States, gain lawful admission, marry the American Citizen fiance, and submit an adjustment of status application.
In the previously mentioned scenario, the waiver ought to be recognized by the adjudicating officer during the adjustment of status process and therefore the matter should not be re-visited. A significant advantage of submitting an application for a waiver abroad is the fact that it can encourage transparency regarding upcoming phases of the process and may also be a benefit since waiver issues will be dealt with in a jurisdiction other than the one in which the US Citizen maintains his or her place of residence.
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Tags: American Visa, B2 Visa, CR-1 Visa, I-601 Waiver, I601 Waiver, IR1 Visa, K1 Visa, US Immigration, US Tourist Visa, US Visa, US Visitor Visa