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ResourcesVisa & Immigration LawUS Immigration LawK-1 Visas from Thailand: National Visa Center Processing and 221g

K-1 Visas from Thailand: National Visa Center Processing and 221g

Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Fiancé Visas, generally from Thailand. I am going to do this from the standpoint of Thailand although this video could be viewed in a more general context. 

So what are we talking about? We are talking about NVC, that is the National Visa Center and we are talking about 221g refusals. 221g refusals occur after an interview at a US Embassy or Consulate. It is basically when they want to see more documentation regarding a given case. We have done a number of videos on this channel regarding this topic. You can go into the search function and just search 221g and you will find information on the 221g specifically. 

The reason for this video is we are talking about this because Department of State internally over the past four or five years has restructured the way that they process cases and especially in an Immigrant Spousal Visa case we are talking about a situation where a lot of the documentation is online front loaded. You upload it into what is called the CX system and that documentation then just sits there and that is what the adjudicating Consular Officer looks at digitally when they are adjudicating an Immigrant Visa case.

K-1 Visas do not go through this process because National Visa Center does not act as a document collector. They are essentially, for lack of a better term, they are kind of a clearing House, sort of a post office if you will. The approved petitions for a K-1 come from USCIS, they go to NVC and then NVC just sends them on to an Embassy. The reason for the video is because of this and I am not saying this is good or bad, in a lot of ways, actually in many ways I don't like dealing with the National Visa Center. It is cumbersome, it is clunky. Their online system in my opinion needs a lot of work. Frankly, I thought it was done better with paper, just my opinion. 

Long story short, K-1s don't go through this so we do sometimes see a little bit more 221g although I have to be honest with you, here recently a lot of the overall process has become an online process and for this reason we have seen things; it is much more digitized; it is much more streamlined than it once was. At any given time, 6 years ago and before 10 to 20% of my cases got 221gs for various reasons even in very, very qualified cases. Now, if it is 5% I would be kind of shocked so a lot less 221gs than we once saw. Now obviously 2020 we didn't see a lot of processing but one of the reasons possibly for a little bit higher number of 221gs in the K-1 is they don't process through the National Visa Center in the same way.