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ResourcesVisa & Immigration LawUS Immigration LawK-1 Visas Not "Paused" Due to Adjustment?

K-1 Visas Not "Paused" Due to Adjustment?

Transcript of the above video: 

So for those who are unaware and I have done a number of videos on this, Trump came out with a "ban" on visas, on Immigrant Visas, starting at the first quarter of this year; I have talked about this at length. I don't yet know what the ramifications of this are because we haven't actually seen any of our cases go to interview and they are all set up for interview in April. So the thing to take away from this video is I will have a lot more concrete insight into the current vicissitudes of the Immigration System at least through the Embassy here in Thailand. I will have more insight into that in the next few weeks, so stay tuned for that. 

But something I've been thinking about. I was told by somebody who is an authority on the matter, or at least one would think they are, I was told that the K-1 Visa is not going to be affected by Trump's Visa pause because it is not an Immigrant Visa; it's a Non-immigrant Visa. And then I started thinking about that as to why. Well it would make sense with regard to the overarching policy because the Visa pause has been put into effect so that the Trump Administration can retool the analysis that they undertake with regard to the Public Charge Rule. The Public Charge Rule says that you can't issue a US Visa to somebody who is likely to go on welfare in the United States, and that's basically a concern oftentimes, when they are looking at applications for a visa to the USA. So while I understand the underlying policy reason for the pause, I think it sheds light on why a K-1 might be allowed to process through because at the end of the day, you're not dealing with the issue of Public Charge until you deal with the Adjustment of Status process which occurs in the United States after a fiancé(e) arrives, marries their American fiancé, then applies for Adjustment of Status to Green Card status. And then at that point if it is adjudicated that that person is going to be a public charge, they could be deported. So I think that the thinking behind this is look we can allow a K-1 Visa holder to come in because we will be adjudicating matters pertaining to Public Charge Rule at a later time. 

That being said, it remains to be seen how all this plays out. As I said, I think I am going to have more insight in the upcoming weeks, so stay tuned as we will keep you updated on this channel as the situation evolves.