Transcript of the above video:

As the title of this video suggests, we are discussing the K-3 Visa process going into 2023. Now for those who watch these videos fairly frequently, you will kind of notice the K-3 doesn't get a lot of play very regularly on our videos because quite honestly it is a pretty rare visa to see it used; I haven't seen it used in a long time.

The reason for this is well it comes down to the National Visa Center, as all problems and Immigration oftentimes seem to come down to the National Visa Center this particular issue does come down to the NVC. And that is K-3 visas if they are deemed to not be necessary essentially, they can they can be administratively closed. What are we talking about here? Under the promulgation of the Life Act, the K-3 was created. It was created at a time when Marriage Visas processed more slowly than Fiancé Visas so they essentially kind of set up a Marriage Visa that sat in the same line if you will as the K-1 Visa, they called it a K-3, the derivative being a K-4. The K-3 Visa was designed for married folks that wanted to sort of get past the really intense lines in the 90s for a green card visa, an Immigrant Spouse Visa so they basically used a K-3. Now about 12, 15 years ago that came no longer necessary. Cases were being processed out in a timely manner so NVC began issuing what's called notices of administrative closure of K-3 cases basically saying "look the underlying Immigrant Spouse Visa can be used, therefore you are going to use it, we are just going to kind of make you do that and you are not going to be able to use the K-3 anymore".

So that's kind of where things stand on K-3s right now. There are limited circumstances where I have seen folks use K-3 with success because the underlying processing of an Immigrant Spouse Visa was taking too long, whatever reason the K-3 ultimately went through. One nice thing about the K-3 is by dint of the fact it is a K Visa it gets to avoid the National Visa Center which can be a major benefit in the sense of processing but you have still got to deal with them in the sense of they are deciding whether or not the case should be administratively closed. So again you kind of end up in this catch 22 with the K-3; do you file it, do you mess with it at all or do you just look at either, if your circumstances are there, are they warranted, then you may want to look at a K-1, if you are not currently married or getting married and looking at an Immigrant Spouse Visa as opposed to seeking a K-3.