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K-3, CR-1, And IR-1 Visa Application After Tourist Visa Denial?
Transcript of the above video:
As the title of this video suggests, we are discussing US Tourist Visa application denial and subsequent application for a Marriage Visa, be it a K-3, CR-1 or IR-1 Visa. We are doing this from the specific perspective of dealing with these cases out of Bangkok, Thailand although I am hoping this information might provide some general insight to those who are looking at these issues in sort of a global perspective.
So what are we talking about here? Yeah Tourist Visas get denied with a pretty high degree of frequency. It has been my experience that oftentimes due to what is called section 214 B of the Immigration and Nationality Act, especially where it involves spouses of American citizens, you oftentimes will see a pretty large denial rate associated with US Tourist Visas; so not unheard of for a Tourist Visa to be denied for the spouse of an American. What do you do after that? Well two things, I think there are two things to look at in this video. One, are you married yet? If you are not yet married, and I am hoping folks that have not applied for any Visa at all will watch this video. If you haven't applied for anything, contact a legal professional, this is especially true if you are married although it really does apply to either, if you are married or unmarried, it also especially applies to unmarried. If you haven't done anything but you are looking at all your immigration options, probably a good idea to contact a legal professional get some insight before you make any determinations. If you are already married, yeah unfortunately under intersection 214 B of the Immigration Nationality Act the likelihood of denial is relatively high due to the “strong ties, weak ties” analysis that is imposed under that section of the act and being married to an American really mitigates against weak ties. So you may get "stuck" dealing with the CR-1 or an IR-1.
Now the question becomes do you go for a K-3? For those who are unaware, the K-3 was created under the Life Act, under, Clinton at a very different time in terms of immigration processing. Generally speaking, K-3 Visas get administratively closed now, so really the option is okay do I apply for a Tourist Visa or an Immigrant Visa? At that point you need to look at what are you going for. What is your ultimate goal with regard to the visa? Do you want your spouse to live with you in the United States? Do you want to spend the predominant part of your time in the United States or are you truly looking for a Tourist Visa? Depending on your answer to that question is going to make the analysis different in terms of your specific case. That being said, it's not uncommon to see denials of Tourist Visa applications associated with spouses of American citizens.