Transcript of the above video: 

As the title of this video suggests, we are discussing the K-3 Spouse Visa. I don't discuss this one on its own all that often for a variety of different reasons but one of the big ones is what's called the Doctrine of Administrative Closure. That doctrine is maintained by the Department of State for when an underlying petition for an Immigrant Spouse Visa which that's the usual CR-1, IR-1 Visa, you have to file for one of those in order to file a supplemental petition for a K-3. The reason I bring this up is because the K-3 supplemental petition, if it is adjudicated after the underlying I-130 petition, then they will just close that and they'll just maintain the I-130 petition; you'll be stuck with the IR-1 of the CR-1, “stuck” if you will.

If you proceed on the K-3, then the question becomes are you work authorized in the United States? I am going to go ahead and go over here to uscis.gov under K-3/K-4 Non-Immigrant Visas: "If you are admitted to the United States with a K-3 or K-4 Visa, you are automatically authorized to work based on your status." Okay? So again, USCIS can engage in some double speak here so at first you think "oh I can just work". But, "To obtain evidence of employment authorization, you may file Form I-765, Application for Employment Authorization at any time after being admitted to the U.S. Alternatively, you may file an application for a Green Card and then apply for employment authorization based on that pending application even if your K-3 or K-4 non-immigrant status expires." So it's very similar to the K-1 Fiancé Visa insofar as yeah they say it is work authorized, but then you need to get evidence of your work authorization, so effectively it's not until you get your appointment authorization documentation. 

The other thing to bear in mind with a K-3 is in order to get into Green Card status - that's Lawful Permanent Residence in the United States - much like the K-1 Fiancé Visa, you need to adjust your status in the US. So that's a major difference between that visa and the underlying I-130 or CR-1, IR-1 Spouse Visa. 

In certain instances, the Immigrant Spouse Visa may be far more advantageous than the K-3. That being said, depending on the circumstances, timing may be a major issue, and the K-3 may be a better option. It's always going to depend on the underlying facts in a given case.