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ResourcesVisa & Immigration LawUS Immigration LawThe Unique Non-Immigrant Nature of K-1 Visas?

The Unique Non-Immigrant Nature of K-1 Visas?

Transcript of the above video: 

In prior videos discussing US Immigration, I have talked about Trump's Visa ban, now called a pause. Basically it pertains to Immigrant Visas, so these are Spousal Visas like the CR-1 or the IR-1 Visa. However, Non-immigrant Visas are not covered per se by this pause and again, I have yet to see any cases processed out yet. We have got a bulk of them coming up here in April where basically we are looking at a situation where I was trying to schedule cases all the way back in December; they weren't scheduling anything sooner than April. 

Now at first glance, I was thinking well that may have to do with the fact that they are retooling. As part of Trump's Visa ban or pause, they are saying that they are retooling the analytical infrastructure associated with the public charge rule, basically determining whether or not somebody is likely to go on welfare when they go in the United States and they needed to pause things in order to set new policies in place and then they would restart. My instinct still tells me, the reason they are scheduling in April is because the pause may end in April, and we may see this new regime come online and we'll continue processing from there. 

That said, it's not a foregone conclusion. However, it's my understanding that again, K-1 Visas being non-immigrant visas, that said, they are non-immigrant dual intent visas; you can have the intention to immigrate even though you are using a K-1 Visa. Again, a K-1 Visa is only good for 90 days and then upon arrival, you need to go ahead and get married and apply for adjustment of status, but it is still considered a Non-immigrant Visa. So it remains to be seen, but the unique nature of the K-1 Visa means that perhaps they are not subject to the current Visa “pause” that other visas are subject to. But that said, we're not going to know any of this for sure until we get to April here in the Kingdom of Thailand.