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ResourcesVisa & Immigration LawUS Immigration LawShould K-1 Visas Be Fully Adjudicated at an Embassy?

Should K-1 Visas Be Fully Adjudicated at an Embassy?

Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Fiancé Visas. A question that has been on the lips of many who deal with Immigration on a regular basis mostly professionals that I talk to, is at what point are we just going to give up the ghost on dealing with petitions for K-1's in the US and go ahead and just deal with it all at an Embassy abroad?

This has been something I have thought about for years. I really don't understand why either of the K categories, either the K-1 Visa or the K-3 Visa, why it goes through in adjudication process at the Department of Homeland Security at all. It could easily all be done inside of the Embassy and quite frankly most of what happens at the Embassy and via NVC is pretty redundant to begin with. I mean it is not wholly redundant, let me be clear, but I think it would be a fairly straightforward matter to move the functions, to move the documentation requirements associated with K-1 Visa out of the hands of DHS and just move it over directly, all of it exclusively into DOS's hands. If you think about it, especially in the case of the K-1, or the K-3 for that matter, once the Visa is issued that is not the end of the story. If that individual wants to get into Immigrant Visa status, Lawful Permanent Resident status in the United States, they have got to go through another process; they have got to go through what is called adjustment of status. 

So to my mind there seems to be good reason to seriously consider exclusively adjudicating K-1 matters at Embassies abroad rather than the current sort of bifurcated process of dealing with the Department of Homeland Security only to later deal with the Department of State.