Transcript of the above video:

As the title of this video suggests, we are discussing I-601 Waivers. For those who are unaware, if one is found to be legally inadmissible to the United States, meaning that a person has on their record either a criminal record or even if not convicted or arrested, they have a history of illicit activity that meets the definition of a grounds of inadmissibility to the United States; good examples of these that we have seen oftentimes involve drug usage, even though one hasn't been convicted or things like prostitution, crimes involving moral turpitude even where one has not been cited, arrested, convicted, anything if they have participated in certain activities they may be deemed inadmissible to the United States. Now there may be a remedy for a finding of admissibility for a Visa denial, in this case we are specifically talking about the K-1 Fiancée Visa. Generally speaking that remedy is what is called an I-601 Waiver, or a waiver of inadmissibility using the I-601 form; some people get kind of pedantic about that. But long story short that is what you are dealing with, you are dealing with a waiver of inadmissibility. It is possible to get one, depending on circumstances. It can be difficult; waiver cases are substantial. Oftentimes they look like more than one phone book worth of documentation. So the thing to take away from this video is yes it is certainly possible to get an I-601 Waiver. That is all going to be entirely fact specific.

Some people ask me, "are K-1s treated differently for purposes of a waiver?" i.e. “because we are not married are we treated differently than if we were married?” Legally speaking and this is something I have got to give credit to a certain extent even though it is something they are legally obligated to do, the Department of Homeland Security does not treat K-1 Fiancées any differently really than, in fact legally they are not allowed to, any differently than Marriage Visas. In fact legally, during the adjudication of an I-601 waiver application, the K-1 Fiancée needs to be treated, again legally speaking, as if they are already a spouse. So that issue for folks really isn't a major issue. I do get that question from time to time. 

But the thing to take away from this video is, yes there may be a remedy for a denial of a K-1 Visa depending on the circumstances. That remedy is very likely an I-601 Waiver. Those who are looking to get an I-601 waiver, it is highly advisable to contact a legal professional, gain some insight and guidance into how best to proceed.