Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Fiancé Visas. For those who are unaware, the K-1 Visa allows an American to bring a fiancé(e) to the United States for the sole purpose of marriage. It's a Non-Immigrant Visa although it is what we call a dual intent Visa insofar as it allows that person to come into the States for 90 days and then during that time get married and file for what is called Adjustment of Status to Lawful Permanent Residence AKA Green Card status and allow that person to then live in the United States thereafter should they so desire. 

The question posed by this video though is case withdrawal, withdrawal of a K-1 Visa application and the implications under the International Marriage Broker Regulation Act AKA IMBRA. For those who are unaware, IMBRA was created at a very different time quite honestly, it was created I think in the late '90s; it was created as a response to at the time the nation’s internet, the very young internet wherein people were starting to interact with places like Thailand for example and engage the services of marriage brokers. Quite honestly, a term which would later come into much more ubiquitous usage that of human trafficking, I think at the time there were concerns at that early interval that some of these marriage brokers were effectively engaging in something akin to human trafficking hence the reason for the promulgation of that Act. Effectively now many of the provisions of IMBRA are kind of antiquated if not completely obsolete but there is one segment of IMBRA that is of keen importance especially to those looking to obtain a K-1 Fiancé Visa and that is the restrictions, the sort of cap if you will, placed on the number of K-1 Visas one can apply for without the need for a waiver to go ahead and proceed with processing of a K-1 case. Basically there is a timing element involved wherein if you apply for a K-1 and then abandon it or withdraw it or whatever, let me get to withdrawal in a minute, but if you apply for one and receive it, bring a fiancé to the United States, say it doesn't work out and you turn around and want to file for another one, you may have to wait a while to do that depending on the circumstances or seek a waiver again depending on the circumstances, in order to go ahead and seek that subsequent K-1 Visa. 

Now the next thing to bear in mind with respect to IMBRA and the issue of multiple filing, and what is called a multiple filer waiver, the next thing to bear in mind is that if you withdraw a case, it may be possible to withdraw it in such a way that it doesn't have implications under the multiple filing subsections of the IMBRA statute. What I mean to say by that is if you time the withdrawal correctly I guess, if it is timed in such a way that a K-1 Visa has not actually been issued or even a petition has not actually been approved, it may be ‘no harm, no foul’ for lack of a better term with regard to IMBRA. 

Now that said, this is definitely an issue you are going to want some professional guidance on because the underlying facts and circumstances are going to play heavily on how the analysis and how the practical implications of IMBRA and restrictions on K-1 filings will play out. So for that reason, those who are out there that may think they have an issue with multiple filings of a K-1 Visa, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.