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ResourcesVisa & Immigration LawUS Immigration LawApproval Of CR-1, IR-1, And K-3 Visa Petitions At USCIS?

Approval Of CR-1, IR-1, And K-3 Visa Petitions At USCIS?

Transcript of the above video: 

As the title of this video suggests, we are discussing the approval of the underlying petition associated with either an IR-1, CR-1 or a K-3 Spousal Visa. These are visas for spouses of American citizens - or Lawful Permanent Residents in the case of the CR-1 or the IR-1 - and the implications of USCIS approval. 

The way that I look at these cases, it's something of a two phase process. So the first phase you are dealing with the Department of Homeland Security, the second phase you're dealing with Department of State. The culmination if you will of the Department of Homeland Security's adjudication, culminates with a final decision as to the merits of the petition. Presuming approval, which in the vast majority of cases that is probably what is going to happen unless there's some kind of extenuating circumstances which warrant a denial, but let's presume you get an approval from Department of Homeland Security i.e. USCIS. What does that mean? Well that is the approved petition, that's not the end of the road. In the case of CR-1 and IR-1 Visas, you are going to be dealing primarily with NVC, that's the National Visa Center, before the case gets sent in the case of Thailand, to the US Embassy here in Bangkok in order to do interviews and see the Visa ultimately issued, if it's approved by the adjudicating Consular Officer. 

That said, National Visa Center as I have discussed in many other videos, it's like some digital version of a neo-Soviet bureaucratic Kafka-esque hellscape from my mind; it's just not the easiest agency to deal with in my opinion. That said, once you are through that, you have sort of gone through that sort of log jam wilderness, whatever you want to call it, you get over here and you are dealing with the interview, and at that point things do kind of tend to smooth out if you will. Yes, dealing with the interview is daunting for some but from my perspective, having done this some 17 years, I look at it as sort of the light at the end of the tunnel especially once you're done dealing with the National Visa Center. But the thing to take away from this video is in the case of IR-1 and CR-1 Visas, the approval at USCIS is most assuredly not the end of the road as you've got something of an uphill battle to deal with National Visa Center in order to get over here to the Embassy. 

Meanwhile the K-3 Visa, as we have discussed in many videos, in the vast majority of cases if it gets to NVC if the underlying petition for the Immigrant Spouse Visa gets there simultaneously or beforehand, the K-3 Visa will definitely be "Administratively Closed". I have even seen situations where the Immigrant Spouse Visa petition comes along a little bit after the K-3 supplemental petition has been approved, it gets to NVC after the K-3 has been approved, and they still put the K-3 in Administrative Closure. So again these cases are going to be slightly different depending on their circumstances; they're all kind of like unique little snowflakes at the end of the day.

Long story short and the thing you should be keeping in mind with and take away from this video is that USCIS approval is not in and of itself the end of the road with regard to Immigrant Spousal Visas and Non-immigrant Spousal Visas issued by an Embassy abroad, more specifically what we deal with here are such visas issued from the US Embassy here in the Kingdom of Thailand.