| The K-1 Fiancee Visa was promulgated by the US | | | | States Citizenship and Immigration Service (USCIS) in |
| Congress in an effort to provide a legal method | | | | Bangkok approves an I-601 waiver application, then |
| whereby alien fiancees could travel to the USA in | | | | that holding, based upon those unique and specific |
| order to meet their American loved one. The main | | | | facts, will be respected by other USCIS offices |
| advantage of this type of family visa is the fast | | | | adjudicating later applications that are connected to the |
| processing time compared to American marriage | | | | alien's presence in the United States of America. |
| visas. However, this type of travel document requires | | | | A common example of how this could transpire: a Thai |
| the foreign fiancee to adjust status once lawfully | | | | fiancee is issued a denial by a Consular Officer at the |
| present in the USA. The adjustment process usually | | | | US Embassy in Bangkok for a K-1 visa based upon a |
| takes anywhere from 3 to 6 months. | | | | finding that a legal ground of inadmissibility exists. |
| An I-601 waiver was created for those who have | | | | Pursuant to notice that a waiver will be sought, the file |
| previously been found inadmissible to the United States | | | | is then sent to the USCIS Bangkok office. Should the |
| due to one of the legal grounds of inadmissibility found | | | | I-601 waiver application receive approval, then the case |
| in the relevant provisions of the American Immigration | | | | file will be placed back with the Consulate at the |
| and Nationality Act. In Thailand, two of the most | | | | American Embassy. The American Consulate should |
| common grounds of inadmissibility are the result of a | | | | then issue the K-1 visa, and the applicant will travel to |
| factual finding that the alien fiance (or fiancee) | | | | the United States, gain lawful admission, marry the |
| engaged in prostitution within 10 years prior to the | | | | American Citizen fiance, and submit an adjustment of |
| application's submission or a finding that the alien fiance | | | | status application. |
| (or fiancee) overstayed in the United States and | | | | In this situation, the waiver that was adjudicated |
| accrued unlawful presence while in the US on a prior | | | | previously ought to be upheld during the adjustment of |
| visa. | | | | status process and thus the matter will likely not be |
| Many inquire: should a foreign fiancee be approved for | | | | re-opened. An often overlooked advantage of seeking |
| one of the above noted waivers of inadmissibility, then | | | | a waiver abroad is that this method can provide insight |
| she should not need to revisit that issue again? The | | | | regarding future phases of the process and might also |
| short answer: no. After an I-601 waiver application is | | | | be a boon because sensitive waiver issues are dealt |
| approved the decision is binding and should be | | | | with in a jurisdiction other than the one in which the |
| respected by subsequent USCIS officers and | | | | American Citizen maintains a domicile. |
| adjudicators. Therefore, if the local Office of the United | | | | |