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K-3 Visas Are Not the Optimal US Marriage Visa?
Transcript of the above video:
As the title of this video suggests, we are discussing the K-3 Marriage Visa. I was actually talking to somebody last night who is married to a Thai national, and we were just talking off hand, and they were like "hey can you help with a Marriage Visa; I want to get one of those K-3 Visas".
The K-3 moniker label if you will became sort of utilized, especially on the internet, as the sort of buzz word for Marriage Visas; it's frankly not. The K-3 Marriage Visa is a supplemental Visa. It was created under the Life Act during the Clinton administration at a time when the backlog for Immigrant Marriage Visas was taking in the multi-year range and meanwhile the K-1 Fiancé Visa would take like 4 months at maximum. So it was this very odd situation and basically Congress said you know what, we are going to create the K-3 - it was like an Ad Hoc creation - and those who have a pending Immigrant case filed, can turn around and if they are married to a US citizen - it pertains to marriage to a US citizen specifically and exclusively - if they have one of those filed, they can turn around and file a supplemental petition to request a K-3. Basically use the K Visa line which at the time was shorter.
Later on we saw these visas go through a process of what's called Administrative Closure where basically the National Visa Center said hey if we get your underlying immigrant case before or contemporaneously with a K-2, excuse me, a K-3 application, we are just going to close the K-3; we're not going to go ahead and continue processing that.
So what you need to take away from this video is in the vast majority of cases you're not going to be seeking a K-3. You are going to be seeking an Immigrant Spouse visa such as the CR-1 or the IR-1 depending on how long you've been married. The point of this video and the reason I bring it up is it's a misnomer; sort of a misunderstanding that people must seek the K-3 Visa in order to get a Marriage Visa to the United States.
