Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

[email protected]

ResourcesVisa & Immigration LawUS Immigration LawK-1 Visas: An Update on Underlying Petition Validity

K-1 Visas: An Update on Underlying Petition Validity

Transcript of the above video:

As the title of this video suggests, we are discussing the K-1 Visa yet again, a topic that comes up almost on a weekly basis around here. I kind of like to keep discussing K-1's because they are kind of falling into an increasingly, well not to a level of disuse I would say but as the processing times have kind of evened up to some extent with the US Immigrant Visa cases, CR-1, and IR-1, we are I don't know, I am seeing a few less K-1s, more people have kind of opting for the Marriage Visa. That being said, I much prefer dealing with a K-1 because I can avoid dealing with the National Visa Center which those who have watched my videos on any kind of regular interval will know that I am not a huge fan of the National Visa Center. It is a very difficult organization to deal with. In fact I have described it as bureaucratic quagmire bureaucratic quagmire before and I don't think that's an inaccurate statement. 

That being stated we are not talking about that precisely right now but with processing times being longer on the Department of State side associated with processing of K-1 visas, I have had further inquiries into issues surrounding petition validity. I have made a number of videos on this topic before, I will put some links to those videos in the description below. Long story short, yeah petition validity; when you get an approved K-1 petition, it has an expiration date. I think it is 3 or 4 months whatever it is, I can't remember it off the top of my hat, I think it is 120 days. People ask me, "well what happens if we don't get it done in that time?" Well they revalidate the petition. If it is because of their delays, then they really need to revalidate the petition and yeah they are not able to just sort of say: “oh well it didn't happen because you couldn't process it through our system which is pretty difficult to deal with at the moment and really, really backlogged. We are just going to go ahead and say that your petition has expired," that is not really the way it works. The Consular Officers that adjudicate these matters at Embassies and Consulates abroad, have pocket authority to revalidate the underlying petition in order to move the case forward. They will do that as a matter of course especially in cases where the delay is primarily due to the Government itself.

So not necessarily something you shouldn't worry about, it is definitely something to keep an eye on because you never know and I don't think anything is going to change on this but not something to worry about greatly. So those who are worried about petition validity, yes they are reauthorized, frankly as a matter of course is not an incorrect phrase, and cases proceed that after. So not something to overly worry about when processing a K-1 case.