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ResourcesVisa & Immigration LawUS Immigration LawCan K-1 Fiancé(e) Visas Be Processed Out Of Thailand, Myanmar, Laos, or Cambodia?

Can K-1 Fiancé(e) Visas Be Processed Out Of Thailand, Myanmar, Laos, or Cambodia?

Transcript of the above video: 

As the title of this video suggests, we are discussing K-1 Fiancé(e) Visas and whether or not it is actually possible to process such a visa out of Thailand, Laos, Cambodia or Myanmar. Why am I making this video?

Well, recently it was announced through the Trump Administration in an official announcement from Department of State, that there would be a “pause” effectively on issuance of new Immigrant Visas. And K-1s, we are still trying to work out exactly how they are going to be treated but they are processed by the Immigrant Visa unit; they are technically a Non-Immigrant Visa. They are what is called a dual intent visa wherein you can have the dual intent to use it for its 90-day purpose or to go ahead and seek Adjustment of Status to Green Card status in the United States. 

The thing to take away from this video is let's presume the Trump pause applies to K-1 visas. Well for now they apply to K-1 Visas from Laos, Thailand, Myanmar as well as Cambodia. I don't know exactly why Thailand was thrown in to the mix. Those other jurisdictions are considered "high fraud" posts, and under that rubric I sort of understood why further restrictions or scrutiny were being applied; I don't necessarily agree with it but I understand the argument. With Thailand I don't even really get it. Thailand is our oldest ally - by "our" I mean the United States - and quite frankly it's not a high fraud post; it never has been, and the issue comes down to what is called analysis of the public charge rule or the analytical framework if you will, of the public charge rule which is basically the framework by which a Consular Officer determines that the applicant for a Visa is not substantially likely to go to the United States and obtain what is called means tested benefits therein, i.e. "welfare". That is basically what the concern is. They are retooling the way that they basically assess whether or not someone is going to be subject to the Public Charge Rule and that's what this visa pause is at least ostensibly intended to allow time to go ahead and do. 

It's my understanding based on what we are seeing on the ground here, I personally believe, and understand this is me speculating, I think this so-called Visa pause will probably end sometime right after the first quarter here in Thailand, at least in Thailand, because we are starting to see certain interviews being scheduled in April and I'm presuming that they are starting to do that because they are waiting for a time when they can have the interview at a time when they could at least have the discretion to go ahead and issue the Visa; so basically after this pause has ended. 

Again, that is speculation on my part, and it remains to be seen, but we will certainly be keeping folks updated on this channel as the situation evolves.