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ResourcesVisa & Immigration LawUS Immigration LawK-1 Visas from Thailand: Are the Embassy and USCIS Interviews Different?

K-1 Visas from Thailand: Are the Embassy and USCIS Interviews Different?

Transcript of the above video:

As the title of this video suggests, we are discussing the K-1 Fiancé Visa. That is the Visa that most folks, specifically American citizens use when they want to bring a foreign fiancé to the United States. We are going to do this video kind of from more of a Thai perspective; that is the bulk of the cases we process in our office are K-1 Fiancé Visas arising here in Thailand, usually between a Thai national and an American. So the reason for the video is, "Is there a difference between the Embassy interview for a K-1 Visa and the USCIS interview which is associated with the Green Card in the United States, the Green Card process?" So that is part of what's called the Adjustment of Status process with respect to basically changing status from a Fiancé Visa over to a Green Card holder in the United States via USCIS. 

So when you are dealing with a visa interview at the Embassy here in Bangkok, you are dealing with Department of State and I would say substantively, the purpose of the interview is largely the same. They want to make sure that the relationship is bona fide, things of this nature; there is no fraud present in the case; there are no prior criminal actions; no grounds of inadmissibility, these kinds of issues. Now that said, the interview over here generally at an Embassy although not all the time, is usually going to be I won't say it is easy, it is definitely not easy, but it is usually less stressful than I am seeing or hearing probably the better word for it, than I am hearing about interviews at USCIS back in the United States. So I am not saying the Embassy interview is easy, oftentimes far from it, but usually it is a matter of just waiting in line, presenting proper documents, getting things done, being able to explain oneself. We often do interview preparation with our clients prior to sending them into interview for the K-1.

I guess the purpose of this video is just kind of to provide an understanding that the Visa interview at the Embassy is kind of a different animal than what we are seeing in terms of interviews with respect to Adjustment of Status in the United States. I am hearing a lot of difficulties coming up with people dealing with the USCIS interview. There was a time, I can remember years that went by 10, 12 years ago, that you would never even hear of somebody going through an Adjustment of Status even having to do an interview coming off of a Fiancé Visa, it was just not done on any regular basis. Then about 5 years ago, getting into the Trump era, it seemed like we started really seeing changes with respect to that overall paradigm and now we are just seeing interviews unfortunately that are just quite cumbersome by any stretch of the imagination. So yeah, it's a different thing the K-1 Visa interview at the US Embassy here in Bangkok compared to the USCIS interview that most folks are going to be dealing with, with respect to the Green Card.