Legal Services & Resources
Up to date legal information pertaining to Thai, American, & International Law.
Contact us: +66 2-266 3698
Interview Is Not The End Of The K-1 Visa Process?
Transcript of the above video:
As the title of this video suggests, we are discussing the K-1 Fiancé Visa process and we are discussing this in the context of the interview. I get a lot of emails especially toward the end of the process, it has been more frequent lately because quite honestly COVID put such a back log on all these cases. As a result, we have just, I get it, people are anxious to get these cases resolved, to get their loved one in the United States I totally, totally understand the sentiment so don't view this video as me critiquing people or even really having any issue with the applicants or the petitioners. My frustration is with the process and my frustration is with the bureaucracy which has decided to make this process as difficult as it is and as time-consuming, for no real reason by the way. There is no reason why we have all these redundant processes in the K-1 process, why the backlog is what it is. In my mind, it's just bureaucracy run amok quite honestly.
Now that said, you get to the interview, I get these emails where it is: "Hey I am coming into town to see to it that all of this ends smoothly." Yeah, that doesn't matter, I get this from sort of the American petitioner, like being on the ground is somehow going to change how this thing works. It doesn't and the interview is not de facto and should not be presumed to be the end of the overall process; we are talking about the interview which occurs at the US Embassy here in Bangkok regarding a finalized K-1 Visa. They don't have to approve it on that day and in fact they can issue what is called a 221g which is a refusal pending further documentation; that happens rather frequently, it is not out of the ordinary to see a 221g issued.
And again, as we have discussed another videos, the petitioner cannot go to the interview with the beneficiary; they will be barred from doing that based on, they will cite all types of things to not let somebody come to that interview because they don't actually, theoretically speaking they don't really have a right to be at that interview. The only person who can attend that interview generally speaking is going to be the beneficiary. Now from time to time we deal with very complex cases, matters involving inadmissibility. I may make an appointment, go down and talk to the Embassy directly regarding an underlying case but for the most part that is pretty rare. What we usually see is the beneficiary goes to the interview, that person is interviewed and then either an approval which is usually what you are going for obviously, denial but you are going to want to see some sort of legal ground of inadmissibility for a denial, or a 221g. So the interview is not the end of the road as they say with regard to the K-1 process. Presuming it is, you are going to make some bad decisions in my opinion in terms of "well I am going to go over there". No, you are not going to have an impact on the interview; it's not going to change anything. Coming here, you are really just going to spin your wheels at the end of the day.
So my true position on this is and what I tell clients is, okay maybe don't, you are not going to have any impact on the interview. Now if you want to travel over once the Visa is issued and travel back the United States with your loved one after the Visa is issued, that is not a bad idea. But to show up before it issues at the interview phase or where ever and think you are going to make some kind of dent in how they process the case, it's just not going to be how it works out.