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As the title of this video suggests, we are discussing K-1 Fiancé(e) Visas. These are visas for folks to take a fiancé(e) to the United States, and we are discussing the consequences of withdrawing such an application. It is possible to withdraw an application for a Fiancé(e) Visa, and it can have different consequences pertaining to the underlying circumstances in the case I should say. So what are we talking about here?

Well first of all, you need to understand there is a law called the International Marriage Broker Regulation Act (IMBRA). Under that law, it stipulates that there is sort of almost a maximum number of Fiancé(e) Visas that one individual can seek. If you get more than one for multiple people, it may require a waiver. In the instance where somebody withdraws a K-1 Fiancé(e) application, let me be clear, there are two different things going on. One of these is a withdrawal of a petition or an application with the underlying petition prior to a Visa ever being issued, that is one thing. Then there is also the issue of oh a Visa has been issued; it has been used and then somebody wants to seek another K-1 Visa perhaps for that same person. I have dealt with this before. Folks didn't want to get married or due to their circumstances they didn't have time to do it and they just used the K-1, used their 90 days, came back, no harm no foul in terms of they didn't overstay or anything. Then the same person sought a new K-1 Visa. Again, Immigration Authorities will kind of want to know what's going on there, but you don't necessarily need a waiver in that circumstance. If it's different people - especially during I think it's a two-year period - then yeah you could need a waiver in order to even get a second visa. 

What we are talking about though is just full withdrawal of a petition before a Visa is even issued and are there consequences? Well in a legal sense, strictly speaking, no because if no visa has been issued then IMBRA is unlikely to be interpreted to apply. However, as a practical matter, if you have got a prior K-1 Fiancé(e) Visa on file, a petition, it was withdrawn and then later you seek another one, I can see where Immigration authorities - either USCIS or an Embassy abroad - may have extra questions about whether or not in your situation, you should be able to get a new K-1 Visa or I should say be able to sponsor somebody for a new K-1 Fiancé(e) Visa. 

The point I am trying to make is while good faith, legitimate, "hey we just don't want to get married at this time, we're going to withdraw this case", those kind of cases, not a big issue, but where we are talking about situations where people are sort of trying to game the system, that can be very problematic especially under the International Marriage Broker Regulation Act.