Transcript of the above video: 

As the title of this video suggests, we are discussing I-601 approval and subsequent issuance of a K-1 Visa pursuant to that approval. What are we talking about here? 

Well those who are applying for a K-1 Fiancé(e) Visa, for those who are unaware, it is possible for a foreign national fiancé(e) of an American citizen to seek immigration benefits to come to the United States for 90 days in order to seek marriage and adjustment of status to Lawful Permanent Residence in the United States; it is possible to seek such a Visa. Now if there is a finding of a legal ground or more, legal grounds of inadmissibility, then it's possible that the application will be denied. Now subsequent to the interview, wherein a visa application, an application for a K-1 Fiancé(e) is denied, subsequent to the interview, it is possible to seek what is called an I-601 Waiver, again depending on the underlying facts in the given case. It's also a bit of a misnomer to call it an I-601 Waiver; I-601 is the name of the form. It's a waiver of inadmissibility, a waiver of grounds of inadmissibility. For shorthand purposes I just call it an I-601 Waiver, that's what I've always called it for that matter. But that being said, understand it's a waiver of grounds of inadmissibility. If somebody has been found ineligible to go to the United States, you are now seeking a waiver, okay, that's its own process. We have discussed the process of getting a Waiver, I-601 processing in other videos, sometimes in tandem with what is called an I-212, again depending on the underlying facts in a case it may be required to file one of those, it may not. 

But what happens in the aftermath of the approval for an I-601 Waiver? What about the underlying K-1 Visa? Well you then need to go back to the Embassy and deal with their protocols to get that Visa issued subject to the approval of the I-601. So basically the Embassy says, "hey no we're not issuing this, but you can go seek a Waiver; you start processing the waiver and once the waiver is processed you go ahead and turn around and say, "Hey where's the Visa?" Again, different Embassies, different Consulate around the world have different protocols for Visa issuance subsequent to an I-601 Waiver petition. Most notably one thing that often comes up with regard to protocols and requirements in order to get the visa issued is issues associated with the medical exam. So oftentimes a new medical exam is necessary because of the time it takes to process the waiver, an old medical and we'll have become "stale" if you will. So that's just one thing associated with subsequent issuance of a visa pursuant to approval of an I-601 waiver. 

Again analysis in these matters will be driven by the underlying facts in a given case. For those who find this overwhelming and frankly this is the high weeds of US Immigration Law. I-601 waivers are complex; the process for processing them is Byzantine. I write very complex briefs and large filings; I mean it looks like a phone book by the time I file some of these cases associated with an I-601 Waiver. For those who feel a bit overwhelmed by this stuff, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.