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ResourcesVisa & Immigration LawUS Immigration LawI-601 Waiver After Denial of a K-3 Visa Application

I-601 Waiver After Denial of a K-3 Visa Application

Transcript of the above video:

As the title of this video suggests, we are discussing the K-3 Visa. Specifically, we are discussing denial of a K-3 Visa application and a subsequent filing of an I-601 Waiver.

So, first of all what is a K-3 Visa?  The K-3 Visa was designed, it was basically statutorily designed under what was called the Life Act during the Clinton Administration. It was created as a supplemental visa application at a time when Immigrant Spousal Visas were processing at a much slower rate than they are at the time of this video. Now that stated, I believe where once the K-3 was not particularly en vogue because the US government was not processing them because it was felt that the need for them was not there, now that certain aspects of the Immigrant Spousal Visa process are starting to slow down, I think the K-3 is going to make something of a comeback in coming months and years probably.

Now the other reason we are making a video on the K--3 is the K-3 is often colloquially referred to as a US Marriage Visa and although it is a US Marriage Visa it is really not the standard US Marriage Visa. Immigrant Spouse Visas usually process under either the CR-1 or IR-1 category depending on the length of the marriage of the underlying marriage of the principal folks concerned. So again, it is a supplemental application. It was designed to create an expedited visa for spouses of American citizens at a time when processing was quite slow. Its purpose has somewhat declined or I should say its need has eroded over time but I do believe we are going to see more K-3s processed as time moves on. That being stated, the denial of a K-3 could risk, a denial is what it is, one is not going to get their visa.

What one should take away from this video is that may not be the end of the road and what I am saying is a K-3 could be denied and subsequently that denial could be remedied pursuant to the usage of a Waiver of Inadmissibility, which is called an I-601 waiver oftentimes. So, the thing to take away from this video is what is a reason for denial? Well there are multiple reasons for denial which are stipulated in the Immigration and Nationality Act of the United States. For example overstay in the United States could be a ground of inadmissibility,  things like crimes involving moral turpitude, prostitution, certain violent crimes, certain types of drug offenses, fraud and misrepresentation for example; these are the types of things that can result in one being banned from going to the United States, either for a lifetime or for a specified period of time. So many people get to this denial phase of the process, if they get denied for a K-3, and they think that is it, that is the end. Well it may not be the end. If one is denied under a certain ground of inadmissibility, then depending on the factual circumstances of the given case, an I-601 Waiver may be able to remedy that denial of a Visa and if the waiver application is approved, then a Consular Officer overseas would then go ahead and issue the Visa.

Now the I-601 Waiver is adjudicated by Department of Homeland Security which is a different department from the Department of State which makes determinations as to the inadmissibility of an immigrant concerned. So, for example here in Thailand, those Consular Officers at the US Embassy here in Bangkok make determinations as to whether or not a visa application should be approved and if they deny such an application, you have got to go ahead and deal with the waiver process. That process has to be dealt with through Department Homeland Security. I am not going to get into the details as to the specific ways in which a case can be waived as depending on the factual circumstances of the case and the legal posture, and the various sections of law which are cited in furtherance of an application for a waiver, that all is going to vary and for that reason we can't really get into specifics on this video. 

The thing to take away from this video is simply being denied a K-3 might not be the end of the road. It may be possible to go ahead and get that denial waived and ultimately get one's loved one into the United States.