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29
Jan

How has Trump affected the Fiancé K-1 visa process?

Trump’s travel ban, public charge and vetting curtails Fiance visa couples

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Trump has slowed the fiance K-1 visa process dramatically.

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President Trump made quite an impact on the Fiance K-1 visa process. His frenzy included

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● The Travel Ban

● Public charge revisions (currently approved by Court)

● Social media vetting

● various background checks

● Among other changes

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These not only resulted in stress, anxiety, and piles of paperwork, but also

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● Couples who got stuck in limbo

● Some lost in Administrative Processing for years without the slightest idea of when they’ll reunite with their partners

● And many who heard silence when they asked questions

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The most serious of these is the travel ban, which made headlines. One story in particular, Brian and Mehraneh, has got the attention of the media.

It turned out, Brian met his Iranian fiance, Mehraneh, in 2015 when she came to the US on the research scholar (J) visa.

In order for her to be eligible for a K-1 visa, Mehraneh had to return to Iran for the two-year residency requirement before undergoing her visa interview.

But even though her K-1 visa interview was approved two years ago, they didn’t hear back from the embassy until recently.

Just silence.

They’ve made several unsuccessful attempts and fought hard. Fortunately, in late 2018, they were approved.  But it’s obvious that the Travel Ban dragged their love story through a mud puddle. Unfortunately, this couple is just one of many to get hit by former President Trump’s Travel Ban.

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How immigration got to this point after Trump took office

But let’s step back and look at how this all started.

The Terrorist attacks of 9/11 and the San Bernardino shooting in 2015 has a lot to do with it. The latter drew attention to the K-1 visa process because the beneficiary, deemed a terrorist, entered on a fiancé visa and was from a Muslim country.

From the offset of Trump’s presidency, the entire immigration system was scrutinized.

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● Travel Ban – Executive Order 13769 effectively banned citizens from seven predominantly Muslim countries. On January 31, 2020, Trump added several more countries.
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● Rising delays – the average I-129F processing time went up because of intense vetting. (but still there was a steady number of I-129F applications coming in, as we’ll see below)
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● Criminal records – in the new I-129F edition, criminal history became a big target, was scrutinized, and explored a lot more than before.
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● Social media vetting – social media disclosure became mandatory for all K visa applicants.

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Which K-1 visa applicants are affected by the Travel Ban?

Brian and his fiance from Iran were one example, but who are the others affected?

Nationals of several countries are currently subject to travel restrictions according to the Presidential Proclamation 9645.

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The travel ban has caused delays and denials to fiance visa couples with a chance for waivers

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Since the K-1 visa is technically considered “non-immigrant”, fiance visa applicants are affected if they’re citizens of:

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● Iran
● Libya
● North Korea
● Somalia
● Syria
● Yemen
● Venezuela
● Nigeria
● Myanmar
● Eritrea
● Kyrgyzstan
● Sudan
● Tanzania

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In addition, even if a traveler had an ESTA (VWP), they would need to get a visa if they were originally from a nation on the travel ban.

Out of the thirteen (13) countries, Venezuela seems to be the only one that is not affected in terms of K-1 visa issuance (as long as you’re not a higher government employee).

The justification that Trump gave as to why he chose these seven countries is that such countries’ governments…

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“[do not]…ensure the proper collection of all information necessary to rigorously evaluate all grounds of inadmissibility or deportability, or grounds for the denial of other immigration benefits.”

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Meaning, these seven countries don’t provide enough information on their citizens for the US to determine if they’re a threat or not.

So, who gets to make this life-changing decision? Well, a consular officer makes a final determination of eligibility. So, let’s talk about that.

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Applicants affected by the Travel Ban may be eligible for a K-1 Visa

A consular officer has to carefully review each I-129F petition to determine if the applicant is affected by the P.P. and qualifies for an exception or a waiver.

According to the US DOS, applicants must disclose any and all history or circumstances that would indicate to the Embassy that he/she is a threat. 

Following which, the officer decides if issuing the K-1 visa is in the national interest, the applicant poses no threat to the US, or if a denial would cause “undue hardship”.

But, of course, no one gives a clear definition for “undue hardship”… and this provides enormous latitude to the DOS in whom he approve or deny, shielded by a cloak of non-transparency. 

In fact, there are cases where people have waited almost 2 years in silence. And many who were never approved.

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Trump allowed some fiance visa applicants to apply for waivers

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For example, from Dec 2017 to Dec 2019, only 17% of affected NIV visa applicants had waivers approved from travel ban countries, according to the Department of State statistics.

But still, some applicants do get approved. What are two ways you can get a K-1 visa if you’re from one of the seven nations?

Well, the waiver is the first. That’s based upon the discretion of the consular officer. And if you’re under Administrative processing, you can request congresspersons or senators to intervene. Some couples are also finding legal routes to press the DOS for answers (and thereby getting approved).

The second method is that if you’re a dual national and you’re using the passport of a non-designated country, you can evade the restriction even if you hold dual nationality from one of the seven restricted countries.

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More complexity in the I-129F petition

The I-129F form got longer and more inquisitive as a result of Trump’s goal to improve security.

There used to be a time when only a few pages were enough to comply with the information needed for a petition.

Recently, we’ve seen not only the form get longer, but also more detailed, and the fees are increasing.

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● Form I-129F got longer because it consolidated what was originally in the G-325A (discontinued for Fiance visa petitions)
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● More questions asked about your background and history, including: past addresses, employment, parents history, beneficiary’s travel to the US, etc.
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● You disclose ALL criminal history (big or small) regardless of the conviction. In other words, if you got arrested or imprisoned, they want to know.

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To make things even more strict, the USCIS now has lower tolerance for RFEs. 

In the past, the USCIS would issue Request for Evidence (RFE)s when your paperwork wasn’t complete to a certain standard… consider that them being “nice” because they gave you an opportunity to fix it. 

However, now the USCIS new policy has lower tolerance for RFE for cases which are grossly insufficient. That’s because they realized some petitioners were deliberately sending weak petitions with a lot of missing documents as a tactic to save time while they gathered the remaining documents.

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Social Media Vetting for K-1 visa applicants

To be fair, social media vetting was in effect even before former President Trump took office. 

In the Obama days, social media vetting was only a pilot program and used in certain situations to determine “eligibility for a visa”. 

The USCIS, the Dept of State, and even Customs and Border protection could open up public information on you while doing an interview (i.e. social media, google, twitter, etc.)

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Trump's social media vetting on the DS-160 asks fiance visa couples to disclose history

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Trump made social media disclosure mandatory as part of the application for non-immigrants including fiance K-1 visas.

So, what exactly do they look for? What influences their decisions?

Well, in the DS-160, you select from a dropdown list of which social media handles you have or have had in the past. The Department of State then uses data-mining software to target Facebook, Google, Twitter, or dozens of other platforms… and presents Officers with information.

And although most experts agree that the data-mining software is unreliable and flawed, it’s still employed to help look for connections to criminals, terrorists, or security risks. 

Secondly, for family-based and K Visas, they try to spot fraud or marriage scams.

So, the question on all our minds is: well, how effective or impactful has social media vetting been? are more people getting denied as a result? any statistics?

Well, quite frankly, it hasn’t made much of an impact. There are only a few stories of denial resulting from social media vetting on fiance visas.

For the most part, it seems that the Dept of State doesn’t currently rely too much on this system. But there are no statistics available to verify this.

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Trump’s “public charge” for the I-134

One of the biggest ripples former President Trump caused with fiance visas is the “public charge” requirement. Public charge is an existing law that says all intending immigrants must have financial support (either by themselves or sponsoring family members) so they won’t become a “burden” on the US.

Although “public charge” was already part of the US immigration system long ago, Trump’s made it a lot more visible. In fact, his plan was to enforce the “totality of circumstances” a lot more so Consular officers would be stricter with whom they grant a visa or whom the USCIS would grant Permanent Residency to.

The requirement suggests applicants should have higher income, be able to prove they have health insurance, and pay for their sustenance. This is known as the “wealth test”.

To people this meant that he was creating a barrier for poorer applicants or their petitioners during their fiance K-1 visa interview (form I-134).

In addition, his plan calls for the USCIS to adjudicate Permanent Residency (form I-485) with a higher level of scrutiny, thereby reducing the number of people who are eligible for a green card.

On October 15, 2019, this order was implemented but it was quickly blocked by Court. As a note from the Department of State explains:

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“Although the effective date of the interim final rule is October 15, 2019, the Department will not implement the rule until the use of a new form for information collection is approved by the Office of Management and Budget.  On October 24, 2019, the Department published a 60-Day Notice of Proposed Information Collection for its Public Charge Questionnaire, which is a necessary step to have the new information collection approved.”

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It turned out that both the Courts in the US, and the US Department of State blocked this order. Meaning…

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“visa applicants are not required to take any additional steps at this time and should attend their visa interviews as scheduled.  We will inform applicants of any changes to current visa application procedures.”

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However, as of January 27th, 2020, the courts have approved the stricter form of “public charge” to be implemented in the US for Adjustment of Status. 

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How did Trump affect K-1 Visa statistics?

According to the official statistics, Trump’s first three years has affected the K-1 visa dramatically.

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yearI-129F applications submitted to USCISK1/K2 visa approvals (interviews at embassy)K1/K2 visa entrants (entry into US)
2016 (before Trump took office)52,88556,52944,390
2017 (Trump’s first year)49,83153,539
⇩
40,878
⇩
2018 (Trump’s second year)47,49528,662
⇩
29,077
⇩
2019 (Trump’s third year)45,27441,087currently unavailable from DHS

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Sources: USCIS, US DOS, US DHS immigration statistics.

The key takeaways are:

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● A steady number of people are applying for a fiance visa (consistent I-129F submission numbers) over the years.
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● The number of K-1 and K-2 visa approvals decreased *BUT* the percent of approvals/denials is almost the same. Meaning: it’s not harder to get approved, it just takes longer. (explained in detail: statistics for fiance visas in 2018)
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● The number of K-1 and K-2 entries at the POE has correspondingly gone down as a result of fewer approvals. 

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The following are K visas granted to citizens affected by the travel ban: Annual Reports 2016, 2017, 2018,

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Country201620172018
(Ban in effect)
Iran37635845 ⇩
Libya8166 ⇩
North Korea000
Somalia573917 ⇩
Syria23616739 ⇩
Venezuela197278238 ⇩
Yemen46539 ⇩

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What’s going to happen with fiance visas in the future?

Aside from the Travel Ban, Public charge revisions, social media vetting, background checks and more… there’s more general agitation.  

You’ve heard of the numerous ICE raids throughout the country, you’ve heard of the issues at the border, and you’ve heard of the backlog the USCIS faced.

The results are apparent: delayed petitions, Administrative Processing, and resentment. 

The most serious impact to fiance visa applicants is the travel ban and the dramatic decrease in overall K visa approvals for 2018. 

Although Trump never specifically targeted immigrant visas or fiance visas, the repercussions will be felt for years. 

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60-day “immigration ban” aimed at reducing unemployment

Aside from the Travel Ban, on April 23, 2020 the executive order for an immigration ban went into effect.

Domestic employment- the key point behind this new order was to help Americans regain jobs which are otherwise given to foreign workers (i.e. H1-B, etc.).

The secondary benefit was to reduce the load on consular sections (i.e. visas processing) abroad because they’re already working on reduced staff.

Section 2: Limitations on ENTRY of certain individuals:
(i) those aliens who are outside the US right now
(ii) those who don’t ALREADY have an immigrant visa at this point
(iii) those who don’t ALREADY have another travel document or permit to enter the US

(b) this new suspension of ENTRY does not apply to the following
(i) any Legal Permanent Residents (LPR)
(ii) aliens entering on healthcare basis.
(iii) aliens on an EB-5 (investor) category
(iv) aliens who are spouses of US citizens (i.e. CR1/IR1 recipients)
(v) children of US citizens or adoptees
(vi) aliens allowed by US law enforcement
(vii) armed forces personnel and family
(viii) special immigrant categories
(ix) aliens allowed by the DHS (i.e. upon discretion of the government)

During a visa interview, Consular officers will determine the eligibility or exceptions of those listed under the category which “does not apply” (list from section “b” above).

Any visa applicant who uses fraud to circumvent the immigration process or those who misrepresent will be subject to removal.
Asylum, refugee, or other protected classes are still eligible for entry and visas.

This executive order expired in 60 days from the effective date unless it was continued after the 60-day limit. This proclamation start 11:59 PM April 23, 2020.

It was unclear whether Fiance K-1 visa categories fit into this situation. But since K visa are normally counted with family-based (i.e. spousal, siblings, etc), it’s fair to assume that fiance visa shouldn’t be affected or counted within this immigration ban.

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Foreign workers “immigration ban”

This executive order specifically bans H1-B, H-2B, J-1, J-2, L-1, and L-2 visas starting June 24, 2020. This was effective for 6 months until the end of 2020.   

The Fiance K visa category is exempt.

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  • Tagged: Current events, delays, fiance visa, Trump
  • 23

There are 23 comments so far

  • Tim Hutzler
    2 years ago · Reply

    Hi, Prem;

    What’s going on with recent legislation, and how does could it affect I-129f process?

  • Bob
    2 years ago · Reply

    Do you know how the new coronavirus travel restrictions for traveling from China, Europe, etc. would impact K1 visa holders?

    It seems that if a K1 visa holder spent 14+ days outside of the countries listed in the presidential proclamation, the visa holder could enter the US on the K1 visa.

    Have you heard of this working or of any issues? Should you have any links with more information it would be greatly appreciated.

    Stay safe and healthy!

  • Abdul
    2 years ago · Reply

    You guys are great,I appreciate how you take your time an answer people.My final question is right now that all places are on lockdown,how can one get married,get the lincense and file for the green card.thanks

  • Abdul
    2 years ago · Reply

    Hello mr Prem,My brother has arrived safely with the k1 visa…what is next for them,because everything is close now as per what he told me,can he get a social security number or they must get married first.what are the steps.your advise are almost the best.thanks sir

  • Bobby
    2 years ago · Reply

    Hello Sir,
    I am a US petitioner, having a K-1 visa, petition I-129F approved from USICS.
    My fiancee (beneficiary) has paid all of the required fees and completed a medical exam and biometrics on 03/06/2020. She was scheduled for an interview at U.S. Consulate General, Mumbai, India on 04/17/2020 but she received a cancelation email on 03/14/2020 due to an outbreak virus.
    Could you please tell me, if there any changes in the new policy which affect on K-1 visa petition I-129F.
    And what should be my next step to bring my fiancee in the united states?
    Thank you for your time in this matter.

  • Maria
    2 years ago · Reply

    Hello Prem,
    We already sent our packet on April 24, 2020 and we are still waiting to receive an email or sms (G-1145).
    How many days we should wait till we recieve the sms or email? And Do you think immigration ban will affect the process of the packet and they will postpone it?
    Thanks

  • Logan Hammond
    2 years ago · Reply

    Hello prem, Im just getting started with this k1 visa process. By the time i get this filled out and sent in i know im looking at at least 5-6 months or more before its approved and hopefully ( keeping fingers crossed) the governments health care system will have a handle on covid-19. I appreciate your insight and guides for those of us who treading water in this process.

  • Sharon
    2 years ago · Reply

    Hi Prem,
    Hoping all is well especially during this pandemic. I have a question; I am so confused. We already had our interview, the officer asked for more information to be submitted. He verbally approved our application pending we supply the few pieces of information.

    His instructions were to submit the requested docs along with my fiance’ passport. This happened right before the travel ban. Recently the Embassy opened to accepted documents from applicants needed to submit requested documents. We did have the chance to send in the requested documents and passport now waiting.

    When I checked his status it states “Ready”. Then it mentions scheduling an interview but the officers instruction was to just submit the documents with the passport and the visa will be provided. The message about scheduling the interview I think is a generic statement. I don’t know what to look for. Even though they are not taking appointments right now. Do I try to schedule when its open? Who should I contact to get clarity on his case status?

    I thank you so much for any advice

  • Christian Alvarado
    2 years ago · Reply

    Hi Prem I hope you are doing great. With this travel ban affecting Work Visas, do you think I-129F will expedite a little bit?? Just wondering cause they will have more availability to take care of us.

    Take care

    Thank you.

  • Lee
    2 years ago · Reply

    My fiance is on a work visa in DOHA, QATAR. She is a citizen of UK. We received a letter from NVC saying they have sent our packet to DOHA for the interview. How can the new travel ban affect us?

  • Frank
    2 years ago · Reply

    Hi I would like to know whether the K1 Visa is affected by the travel ban. My fiancé is from Nigeria. I know the K1 is a Non-immigrant visa and the ban seems to apply to that category.

  • Jackie
    2 years ago · Reply

    I am a us citizen and my fiancé lives in Nigeria. We are getting ready to start the K1 process. Any info and assistance in getting this approved would be greatly appreciated.

  • Maryam
    2 years ago · Reply

    Hi Prem,

    Kindly advise on the DS-160 application form, specifically when it comes to employment section. They is a question asking about one’s salary, assuming the basic salary every month is the same but they is additional allowances you get like commission. So every month you receive a different amount depending on the allowance you receive every month. What amount do you indicate on that particular column?

  • Leroy
    2 years ago · Reply

    Hi prem,
    This is to update everyone that I got my K1 visa issued today 27-02-2020. My interview was on the 11th of Febuary and got approved but with the travel ban looming i was expecting to get my Visa issued before the 21st but it never happened so me and my fiancee stated panicking not knowing what would happen next, as days pass without any change in my ceac status we became more worried, but just the day before yesterday my status changed to AP and today 27th Febuary I got issued.. I’m well aware of the unknown at the point of entry eventually but I remain ever optimistic so I want anyone going through the same situation just to be patient..

  • Diana Holmes
    2 years ago · Reply

    Hi- My husband interview was held in Nigeria on September 20, 2019. We were placed in Administrative Processing. We needed to submit 1 document, That document was submitted the very next day. We are still in AP. Are we subjected to this travel ban or is it up to the CO to offer a waiver? Thanks, Diana H.

  • Leroy
    2 years ago · Reply

    Thank you for the input Prem, I will leave an update here as soon as I get any information..

  • Leroy
    2 years ago · Reply

    Hi.
    I had my interview on February 11 for a K1 visa and got approved at the US consulate in Lagos Nigeria which happens to be one of the countries affected by the new travel ban, the CO said my my passport and possible visa will be ready to pick at a location in 2days- to 2weeks time, to be honest I had seen other people receive their visa in a shorter time so I was hoping mine would be ready in a week or just under so that I could beat the February 21 date of the ban taking effect. unfortunately that hasn’t been the case as it’s been showing application received since on the tracker, at this point I don’t know if the visa will still be issued now that the ban is officially in place I’ve been hoping and praying but I really do not know my chances. Any input or word will be appreciated, Thanks.

  • Michael A.
    2 years ago · Reply

    Thanks for your adequate advise, I will be at the embassy this week and i’ll keep you apprised on the development.

  • Michael A.
    2 years ago · Reply

    Hi Prem,

    Top of the day to you.

    I got approved on the 27th of January, 2020 at the Lagos Consulate, Nigeria and i have since picked up my passport with the visa in it. But i got a call today from the embassy, requesting that I bring my passport over to the consulate stating they needed to correct some kind of system error on it. I don’t know how true this is, but I have a feeling they want to nullify my visa. Do you have any idea what the outcome might be? Please advise…

  • Maduabuchi jeef Ogbonnaya
    2 years ago · Reply

    I just paid for my fiance k I visa fee at Senegal Dakar before reading what came up from Mr Donald Trump the great president. to have ban Nigerians and other countries included .well I think Mr Trump is doing the right thing to protect his country and the way terrorist are entering United States of America is not good such as Nigeria and other Muslims countries . I’m looking for a to know if it really affected my case and my fiancee

  • Enny
    2 years ago · Reply

    Hi,

    My case is similar to that of Bola. My fiance is American and I’m Nigerian. We got our NOA 1 from USCIS 2 weeks ago, and then the announcement on Travel ban came up last week. I’ll definitely need a waiver at the interview stage. How can one apply for a waiver?

  • Bola
    2 years ago · Reply

    Our Form 129-F was approved by USCIS two weeks ago. President Trump placed a ban on immigrant visa from certain countries last week & my country Nigeria is part of the countries banned.

    We are proceeding to the next stage.

    Pls what is our fate?

  • Shamala Padayachee
    2 years ago · Reply

    Thank you Prem for this very informative information. My K1 visa was approved greatly with your assistance through the whole process.

    You have such a wide and great knowledge about the K visas.

    You have made this process a breeze for me.

    Thank you and all the best

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