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 simplfied

answer: no. Subsequent to an approval of an I-601 waiver application the underlying waiver is binding with regard to the facts at issue. 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.

By way of exampe of how this could play out: a Thai fiance/fiancee is issued a K-1 visa denial letter by the Consular Section at the American Embassy in Thailand based upon a factual finding that a legal grounds of excludability is present in the case. After notifying the Consulate that a waiver is to be sought, the file is then sent to the appropriate USCIS office. If the I-601 waiver application receives approval, then the case will be sent back to the Consulate at the US Embassy. The US Consulate should then issue the K1 visa, and the applicant should go to the United States, gain lawful admission at a port of entry, marry the US Citizen, and submit an application for adjustment of status.

In the above scenario, the previously adjudicated waiver should be recognized during the adjustment of status application process and as a result the matter would probably not be re-visited. An important advantage of filing for a waiver overseas is the fact that it can provide clarity regarding upcoming phases of the process and might also be a benefit because waiver issues will be dealt with in a jurisdiction other than the one in which the US Citizen maintains a domicile.

Post to Delicious Post to Reddit