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ResourcesVisa & Immigration LawUS Immigration LawAre There Any Advantages to the K-3 Visa Anymore?

Are There Any Advantages to the K-3 Visa Anymore?

Transcript of the above video:

As the title of this video suggests, we are discussing K-3 Marriage Visas and a question came up from a correspondence, somebody was talking to us basically said: "Is there any advantage to the K-3 anymore? Do you see any reason for it?" 

Honestly, statutorily, the reason it was created you could argue has been cast aside. The underlying policy reason when they created the K-3 was under the Life Act under President Clinton and this was basically at a time when Marriage Visas were running in the multi-years to get a petition process and a Fiancé Visa you could get it done in like 4 to 6 months. Basically there were situations again, I wasn't really party to any of this because it was before my time so to speak, but I have heard tales of advising clients to get divorced to file for a K-1 to get remarried in the United States under certain circumstances. 

Yeah, that time has come and gone and as we have discussed in other videos the K-3 Visa ends up getting Administratively Closed a lot of times. The underlying petition for it often get there either contemporaneously with or slightly after, sometimes even slightly before, an approved Immigrant petition and the National Visa Center just closes the K-3 case. They just say there is no use for it, you can use your Immigrant Visa which my opinion isn't great because you have to deal with the NVC and quite frankly they are not the easiest institution to deal with.  As far as its underlying policy reason, I think it is a good question. I think the K-3 may have gone past its sell by date if you will.