Transcript of the above video:

As the title of this video suggests, we are discussing sort of a "quirk" associated with K-1 Visas specifically and Advance Parole. For those who are unaware, I have done other videos on this topic but Advance Parole is basically a travel document that preserves a K-1 Visa when a foreign fiancé enters the United States.

Now the "quirk" I am talking about here is on a K-1 Visa, you need to go ahead and once you use it and arrive in America, the person holding the K-1 Visa will be granted 90 days of lawful status and they need to use that 90 days to get married to their American fiancé and then file for adjustment of status. Now failing to do that, like let's say or if you file for adjustment of status you can get Advance Parole that allows you to come and go while your status is processing. What happens if you leave and you didn't get Advance Parole? What happens there? Well in the vast majority of cases, the K-1 Visa does in fact extinguish, but there is a weird quirk in the K-1 system where it may be possible to go back and apply for a second K-1 Visa on the underlying approved petition so long as the 90 days that initially the clock that started ticking has not yet expired. So the 90 day clock continues; it is not tolled or anything by getting a new K-1 Visa but I have seen circumstances where it has been possible if someone has left the United States, they didn't get Advance Parole for whatever reason, to go ahead and petition the Embassy to issue another K-1 Visa and so long as that K-1 Visa is issued and they enter the United States prior to the expiration of the 90 days and then presumably get married and do their adjustment thereafter, they can essentially get a second K-1 Visa on one underlying petition if you will. 

Now I want to be clear in this video. A professional friend of mine, a colleague, reminded me of this after I made a recent video on K-1 Visas and Advance Parole before, and as I mentioned I tend to not try to do videos on very case specific things. This is a very discrete "quirky" exception if you will or set a circumstances. This is not something that you want to rely upon. You want to look at the K-1 visa as a one off Visa. But technically speaking, yes it may be possible, and again Embassy backlogs being what they are I just don't see that in the modern era of the Immigration process, specifically the K-1 process, that this is overly viable but it is technically possible so I thought it was worth a video but again I want to caution people watching this, thinking that this is easy to do or straight forward, no, this is me using very specific language to describe a very fuzzy mechanism and a mechanism which may not operate the same way under all different types of circumstances.

So again, there is this sort of quirk in there about K-1 visas where you can get another one on the same petition so long as the underlying 90 days has not expired but this is not something that folks should be looking at as something that they can rely upon sort of on a regular basis.