Transcript of the above video:

As the title of this video suggests we are discussing K-1 Visas and we are discussing it in the context of an I-601 Waiver. So what are both of these things?

So first of all, a K-1 visa for those who aren't aware and I doubt that is very many people watching this video, but it is a Fiancé Visa. It is actually, technically a Non-Immigrant Visa but it has what is called dual intent inherent to it so someone can travel into the United States on a Non-Immigrant K-1 with the intent of ultimately becoming resident there. As we have discussed in other videos if you go ahead and get married within 90 days of arrival in the United States you can go ahead and apply for Permanent Residence. So yeah there is a process associated with that but the K-1 is a Non-immigrant Fiancé Visa but it has Immigrant intent so it is treated for all intents and purposes as an Immigrant Visa. 

What is an I-601 Waiver? An I-601 Waiver is a document that one files for. You are filing for a waiving of a finding of inadmissibility to the United States. So if someone is deemed to be inadmissible to the USA, they are deemed to have some kind of prior record, criminal or otherwise, which rises to the level of inadmissibility under the terms of the Immigration and Nationality Act, one needs to file a form I-601 in order to obtain a waiver of that inadmissibility. As we discussed in other videos, the threshold for obtaining a waiver can be relatively high. So for a lot of folks, in my opinion I-601 waivers are way beyond standard immigration processing. I mean in a lot of ways it is a brief; it is lawyering for lack of a better term. A lot of the briefs that we file with respect to an I-601 Waiver I mean they are thick, they are literally oftentimes that thick in terms of the documentation submitted in furtherance of the request for an I-601 Waiver. 

So in a lot of cases we see here in Thailand involving K-1 Fiancées, not a lot, but there are not an insubstantial number of folks who are deemed to be inadmissible. It may be due to a prior criminal activity, a prior criminal record, it may be due to overstay in the United States on a previous occasion or even lacking an actual criminal conviction or arrest, admission to or evidence of prior conduct which rises to the level of inadmissibility including things like crimes involving moral turpitude, matters involving drugs, matters involving prostitution; there are a number of different things that even if there is not a conviction or arrest, if that is in that person's history, they may be deemed inadmissible so it is something to think about. This is really important also to note, if you think you have an I-601 issue, it is a really good idea to contact a legal professional because if you try to obfuscate or evade, there is a very good chance that you could be deemed to have committed fraud and misrepresentation basically during the interview or when you are explaining yourself or in your documentation associated with Immigration and it is discovered. Fraud and misrepresentation is a major ground of inadmissibility and it can compound an already complex situation into a situation which could be rendered nearly impossible to overcome because the person is no longer deemed credible. So, all of these things are things to keep in mind when you are thinking about both the K-1 Visa and an I-601 Waiver.