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ResourcesVisa & Immigration LawUS Immigration LawInterview Is Not The End Of The K-3, CR-1, or IR-1 Visa Process?

Interview Is Not The End Of The K-3, CR-1, or IR-1 Visa Process?

Transcript of the above video:

As the title of this video suggests, we are discussing the interview in the context of a K-3, CR-1 or IR-1 Visa, specifically we are talking US Marriage Visas here where a person is married to either an American citizen or lawful permanent resident.

Every now and then, I will get these emails, especially here recently we have had clients that unfortunately their case has just been stuck in backlog forever; they got in back log hell quite frankly and in my opinion, it is all due to just bureaucracy run amok; they are just bureaucracy run amok and there isn't a great reason for why the process is taking the time that it takes. It's basically just redundant bureaucracy especially in the case of IR-1 and CR-1 Visas that have to deal with the National Visa Center. That whole place is just a giant quagmire my opinion, it's almost like digitized Sovietism. I know this sounds really like sort of inflammatory language but it's not because I have seen the process work before they implemented all of this stuff and I don't see why any of this has been necessary; it has just slowed things down and we get to the end of the road which is the interview and I got these emails from petitioners that say well "I am going to be coming over there".  Well you're not going to be going to the interview because only the person who is seeking the Visa can be there at that interview and you are not going to really have a big impact on how the process works because the bureaucracy is going to do what they are going to do and just coming over thinking you are going to like breathe down people's necks and get something done, it's just not the way it works. 

So the thing to take away from this video and the thing to understand is yes, the interviews happen but the better way to look at this is until the Visa is issued, the process is not over. The interview is not the end of the process. The interview is a part of the process. The Visa being issued is the end of the process. Now during interview three things can happen: they can be approved, they can be denied - now in the case of denial, especially in a US Marriage Visa context, you are going to be looking for a scenario where there is a legal ground of inadmissibility, it can't just be "oh, I don't like the look of you, you are denied", that is not really the way it works - or what is called a 221g Request for Further Documentation. It's a refusal pending further documentation. That can be issued as well. We deal with those all the time; they happen rather frequently.  It's not out of line to see a Request for Further Documentation. Yes it may slow things down but there is no set end date and the interview is not the set end date. So understand, the process is not complete until the Visa is issued.