Transcript of the above video: 

As the title of this video suggests, we are posing the question, should one even file for a K-1, K-3, CR-1 or 1R-1 Visa? So we're talking about both Fiancé(e) and Immigrant Spouse Visas as well as the Non-Immigrant Spouse Visa, the K-3, and we are talking about this in a context of Trump's Visa pause.

Now tip of the hat to Mr. Jim Hacking, another American Immigration Attorney out here on YouTube, the ether of YouTube although he works from inside the United States, I've always primarily done a lot of Consular processing, but I have filed cases over the years out here as well. And he brought up a lot of good points in a recent video I was watching by him where he was saying, "hey should I even file a case?" and as he brought up - it is good strategy when you're dealing with trying to get a visa benefit, an immigration benefit out of the system, is to as he put it, it's like a tennis game, to constantly keep putting the ball back in their court. That's the best strategy to have. And when you have paid fees to the government, you've got a receipt notice, the case is processing - there are some due process rights associated with that. 

Now Trump has come up with this entire Visa Pause. I get into that in another video where I talk about the statutes, specifically where sort of this power emanates from - I don't really want to get into the legal analysis of that in this video - but long story short, Trump does have the authority as President to deal with matters pertaining to Immigration in a very summary way. It's not a matter of "oh, there are these checks and balances, or the Court could overrule him", no in certain ways they can't at all. He has this kind of discretion to for example have this current Visa Pause which is looking a lot like they would just kind of prefer everybody abandon their cases. I've talked about in other videos, we've recently had cases go to interview including one that went through the entire waiver process and then had to go back through the Embassy to get the Visa issued, only to be told thus far it's in Administrative Processing, which I can't figure out why. The case has been processing for 6 years; there's an adjudicated approval on the 601 Waiver. It seems like it's pretty high time that that case moved through the system. That said, the Administration in their infinite wisdom doesn't seem to agree with that. 

Now the point I'm trying to make with this video, going back to Mr. Hacking's analysis, I think that's overall pretty good analysis. If you want to expect to be able to get some benefit out of the Government, you have got to eventually file for it. And yeah, the best strategy tends to be putting the ball over in the Government's Court: pay your fees, get the case on file, make them have to look at it, make them have to come to a decision. At the end of the day, it may get all the way out here to interview, and we are given some kind of non-answer, again like Administrative Processing or the handouts we have been seeing citing section 221g of the Immigration and Nationality Act, which in the past had always been treated here in Thailand as a refusal pending further documentation. The status of that seems to be changing; I get into that in other videos. 

But that said, the thing to take away from this is look, to even have a chance at getting the benefit you have to file. So I think overall as Mr. Hacking has pointed out, it is probably overall a good idea that if that's your goal, then you're going to have to go through the process. Exactly what it looks like and trying to be able to compel the Government to go ahead and do what they need to do, remains to be seen. We will certainly be keeping folks updated on this channel as that situation evolves.