Transcript of the above video: 

As the title of this video suggests, we are discussing K-1 Fiancé(e) Visas for the United States; these presumably would be for Thai Nationals. We process a number of cases out of the US Embassy here in Bangkok on a routine basis, and the vast majority right now that we are processing are Fiancé(e) Visas. Presently, Mr. Trump's Administration has convened, I don't know how you want to call it, triggered the mechanism if you will, of pausing Immigrant Spouse Visas, so it's effectively not possible presently to obtain a Spouse Visa for the spouse of an American citizen or lawful permanent resident to travel to the United States due to this pause. So Thailand's been added on to this list, although I really cannot figure out why. Thailand has never been a high fraud pose, she is the United States' oldest ally in East Asia; doesn't make a lot of sense to me, but here we are. 

Weirdly, the upshot in all of this is Fiancé(e) Visas are a viable option notwithstanding the pause on Marriage Visas, Fiancé(e) Visas continue to be processed out. I myself have represented cases that have processed out from the US Embassy here in Bangkok in the last four to six weeks. In fact we saw a couple of them be approved in the last couple of days, so yes K-1 Visas are being issued. Now the question posed by this video is what about a K-1 Visa subsequent to a denial of a prior Tourist Visa application under Section 214(b) of the Immigration and Nationality Act. 

As I've discussed in many other videos, denial of a US Tourist Visa is quite common, citing section 214(b). This in conjunction with what's called the Doctrine of Consular Absolutism or the Doctrine of Consular Non-reviewability, which is a Doctrine which stipulates that those who essentially apply for a Visa and are denied, especially if it's a Non-immigrant Visa, that denial cannot be overcome. Section 214(b) creates the framework whereby the interviewing Consular Officer must be sufficiently satisfied that the applicant shows strong ties to their home country or a third country outside the United States. Iin the vast majority of cases, especially involving Thai nationals, we see situations where yeah everybody agrees they have strong ties to Thailand, but they also have to show week ties to the United States; that's the second prong of that analysis. And this is where it often falls apart because the applicant has a relationship with an American and that in and of itself mitigates against the weak ties analysis, so we see a number of Tourist Visa denials. 

Frankly when I deal with people in the context of, they are basically looking at some other way to get their loved ones to the United States, they start looking at the Fiancé(e) Visa, they come to talk to me. Their description of the US Tourist Visa process is, let's say negative to say the least. It's not something they particularly like to not only discuss, but they are not happy about it, because oftentimes, the response of the Embassy is viewed very imperiously, or is viewed as imperious because oftentimes they just throw the entire file back. They don't even say anything. They just give a little handout that says 214(b), explains what they are denied under, what part of the Act and otherwise they don't talk at all. This is not uncommon; I hear about this all the time. 

Now prior denial for a Tourist Visa may not necessarily cause any negative implications for a subsequent Fiancé(e) Visa case but it could as well. This Administration has been focusing heavily on Immigration, including legal immigration. In my opinion I think they are going too far in certain ways in trying to make the entire process obtuse, effectively making it, it reminds me a lot of the old Soviet system if you will or how we used to describe the Russian system of getting visas nearly 20 years ago when I first got out here. That's now what our system to my mind kind of looks like. Just from the outside it just looks like it doesn't work at all, and the system has been designed to sort of make everything obtuse and make it almost impossible to get to the United States. Again, the K-1 remains a viable option. Subsequent to a denial on a Tourist Visa, it is still possible to get a K-1 but you have to make sure that you are telling the truth in that prior Tourist Visa application because if you're not, and there is a later adjudication, this Administration especially may pick up on some discrepancy, may even pick up on some misrepresentation and that can cause problems in the Fiancé(e) Visa case. 

For those who feel a bit overwhelmed by all of this analysis and by the overall state of the US Immigration system, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.