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ResourcesVisa & Immigration LawUS Immigration LawK-1 Fiancé(e) Visa Petition Reauthorization?

K-1 Fiancé(e) Visa Petition Reauthorization?

Transcript of the above video: 

As the title of this video suggests, we are discussing K-1 Visas. Specifically, we're discussing the underlying petition for a K-1 Visa which is what's called an I-129F petition. Basically, once that thing is approved by the Department of Homeland Security, the case is then going to be processed through the National Visa Center and sent onward to the US Embassy here in Thailand.

Now a big question and I mostly deal with cases arising here in Thailand, so that's going to be sort of how we look at it for the purposes of this video. But that said, I got an email the other day from a client who was looking at the petition, the approved petition where we were waiting with National Visa Center; the case is getting sent over to the Embassy and he was asking me, “hey, there's an expiration date on this petition; the petitions are generally valid for four months. Do we have to do anything? Do we have to take any special care to make sure that this thing does not expire?”

Well as a practical matter, the Consular Officers that are stationed at a given Embassy or Consulate abroad under the auspices of the US State Department, do have pocket authority to continue reauthorizing underlying petitions so long as the visa application is proceeding through the Embassy. So as a practical matter, the notion of petition expiration and therefore having to start all over again, is as a practical matter not something that's going to happen on a regular basis. I'm not saying it's impossible; you need to be aware of the issue. But in 17 years I've yet to have that issue and I have processed I don't know how many hundreds of US Immigration cases.

That being said, the thing to take away from this video and understand is yes, the petition has an expiration date but it can be automatically reauthorized, and frankly as a practical matter is going to be automatically reauthorized as long as the Visa application for the actual K-1 continues proceeding through the Embassy, so long as action continues to happen with regard to the application for the K-1 Visa itself the petition will continue to be reauthorized.

So that is the thing to take away from this video is that they have pocket authority to reauthorize it and as a matter of course it oftentimes is going to be reauthorized kind of in an automatic fashion.