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Request for Evidence in K-1 Visa Cases from Thailand?
Transcript of the above video:
Wow, I feel like I have déjà vu making this video. It feels like 5 years ago I was making similar videos to this regarding the first Trump Administration and the issuance of what I called then, seemed to be rather frivolous Requests for Evidence in matters pertaining to K-1 Fiancé(e) Visas.
For those who are unaware, the K-1 Visa is the type of Visa utilized for those Americans who have a loved one they wish to bring to the United States for the purpose of marrying and seeking permanent residence therein. That said man, I have got to say, in the last 2 months - especially since December - and we got sort of a dumping of mail here at the office in the first, basically first month of the year, I've gotten a ton of requests for evidence in cases. And these are not undocumented cases. These are very well documented cases that we have put on file and unfortunately the Administration seems to be yet again, like they were in the first Administration, seems to be nitpicking all the people that want to go through the legal immigration process. I don't know, maybe it's viewed as like low-hanging fruit, it can be seen as being tough on immigration, enforcing immigration law, whatever, it just results in a bunch of extra redundant work for us here in the office and for our clients and it causes a great deal of consternation as well. People get upset because they filed a case and then they get this Request for Evidence. And often the ones that I've been seeing are on bona fides of the relationship which in a K-1 context, I do you understand that there is an impetus and a drive by the Immigration apparatus to ascertain whether or not it's a real relationship. That being said, I mean in all of our cases, this really isn't fundamentally an issue. I mean it is pretty clear that the couple is for real.
Now that being said, I do understand that they have a job to do but some of these RFEs in my opinion, again they seem a little redundant or they seem a little bit over the top or hypercritical - maybe that's the right word - and I question whether or not all of this is really necessary, but that said, we have to deal with it. So you have got to go ahead and get a response off to an RFE. Failure to do so can result in the case being closed, based on not presenting enough evidence to meet the adjudicator’s specifications. Okay, so we have got to go ahead and respond to these things.
Now again, I'm making another video contemporaneously with this one talking about the Marriage Visas which I find that a bit more galling than the Fiancé(e) Visas being RFEd this way. But that said, we have to deal with them both and we will continue to do so from our offices here in the Kingdom of Thailand.
