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Comparing NVC Function and K-1, K-3, CR-1, and IR-1 Visa Applications?
Transcript of the above video:
As the title of this video suggests, we are discussing the comparative role of the National Visa Center or NVC, in cases involving foreign fiancé(e)s or foreign spouses coming from Thailand, primarily. We are based in Thailand. I do a lot of US Immigration cases emanating from Thailand, originating in Thailand, so that is kind of the focus of where we will look at this problem, but folks who are assisting their loved one through the process from another country; this may be useful to you as well.
The point of this video is to understand in Fiancé(e) Visa cases, or I should say the K category Visa cases. The K-3 Visa is a Spousal Visa but it was created in the ‘90s under the Life Act. President Clinton created it at the time that Immigrant Spouse Visas were taking years to process and the Fiancé(e) Visa was taking months to process, so they created the K-3 category for spouses of American citizens exclusively, and said you can file this supplemental petition and basically use the K Visa line so you can process through faster, but it issues a Non-immigrant Visa as opposed to an Immigrant Visa. The other thing to understand about the K-3, is subject to what is called Administrative Closure. So they basically - National Visa Center itself - can determine whether or not they are going to process that case and they may decide they don't want a process it and just close it, especially if the underlying Immigrant Visa case has come to NVC at the same time or closely therewith; it has arrived effectively contemporaneously with the K-3 application. So sometimes they close the supplemental application at NVC.
So the big comparison here is between the Fiancé(e) Visa and the Immigrant Spouse Visa. Basically the Fiancé(e) Visa, in the Fiancé(e) Visa’s case, the National Visa Center acts as effectively a clearing house; it's like a mail center effectively. They get the approved Fiancé(e) Visa petition from USCIS and then they basically mail it to the appropriate Embassy abroad in order for that Embassy to then process, do what is called Consular Processing, and go ahead and process the interview, medical exams, etc. So that is how the Fiancé(e) Visa processes. With the Immigrant Spouse Visa - the CR-1 or the IR-1 - the National Visa Center is much more actively involved in gathering of documentation, uploading of various documentation and forms and although they really shouldn't be doing this, they effectively sort of adjudicate whether or not it's "documentarily qualified" and then pass the case along to the Embassy who then undertakes the interview.
So very different process when dealing with a Fiancé(e) visa and moving that type of case through the National Visa Center as opposed to an Immigrant Spouse Visa case in the category of either the IR-1 or CR-1 category. Meanwhile, there is always the risk in the K-3 Visa category of Administrative Closure but if it is not closed, the K-3 will process in a very similar manner to a Fiancé(e) Visa once it finally arrives here in the Kingdom of Thailand.
