K1 Visas: Burma
This writer is hoepful that this post will provide some insight into the K-1 visa process for those Americans wishing to bring their Burmese fiance back to the USA.
Those unfamiliar with the K1 visa process should note that the process usually begins at the United States Citizenship and Immigration Service (USCIS). This office operates under the authority of the Department of Homeland Security (DHS) and is responsible for adjudicating petitions and applications for United States immigration benefits. Some are under the mistaken impression that USCIS adjudication is a "formality". In point of fact, officers at USCIS analyze visa petitions very assiduously in an effort to make an adjudication based upon American Immigration law in the form of statutes and the regulations arising therefrom.
Assuming that a USCIS adjudication results in approval the petition will be forwarded to the Department of State's National Visa Center (NVC) for further processing. Department of State personnel will usually initiate a security clearance during the NVC phase of the process. NVC acts as a sort of clearinghouse for K1 visa applications as this agency is responsible for ensuring that the case file arrives at the proper American Embassy or Consulate overseas.
Burmese fiance visas are somewhat unique in that a comparatively large number of applicants seem to apply at Missions outside of the Union of Myanmar (sometimes referred to as Burma). Although, the overall integrity of the process remains the constant irrespective of the location where adjudication takes place. Another distinctive aspect of Burmese fiance visa matters is the fact that many of the proposed beneficiaries are without a passport from the Union of Myanmar due to the fact that the government authorities in Myanmar issue relatively few of these travel documents compared to other countries. Thus, obtaining a K-1 visa for a loved one from Myanmar might be cumbersome if the loved one in question does not have a passport from myanmar tourist.
The final phase of the K1 visa process is the Consular Processing phase. A Burmese fiancee may schedule an appointment with an American Embassy or Consulate overseas in order to present themselves for interview. A visa interview can be long or short depending upon the facts of the case and the adjudicating officer. The application could be approved or a denial might be issued that may be remedied only by presenting further evidence. Should a Consular Officer find that a legal ground of inadmissibility exists, then the interviewing officer could deny the visa application. Should a visa denial occur pursuant to a finding of legal inadmissibility, then a remedy may be sought in the form of either an I-601 waiver or an I-212 waiver depending upon the facts of the case.
