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ResourcesVisa & Immigration LawUS Immigration LawIs the Choice Really Between the K-1 and the K-3 Visa?

Is the Choice Really Between the K-1 and the K-3 Visa?

Transcript of the above video: 

As the title of this video suggests, we are discussing K-1 Fiancé Visas. We are comparing them to what are commonly euphemistically described as K-3 Marriage Visas on this website, on the internet I should say, not on this website or channel. But just across the internet I have noticed that many people refer to the K-3 when they are talking about a Marriage Visa. 

So a lot of people contact us oftentimes before they have gotten married and ask well what is a better option? The K-1 or the K-3? I get what they are asking but the K-3 is a specific type of Visa. It's actually a supplemental type of Visa that was created under the Life Act, that was promulgated under the Clinton Administration back in the United States, back during the '90s at a time when Fiancé Visas were processing at an extremely fast clip and US Marriage Visas, the standard Immigrant Spouse Visas, oftentimes referred to as either a CR-1 or an IR-1 Visa, those types of visas were processing in multi-year intervals. Basically Congress in their infinite wisdom as signed in by Clinton, basically created the K-3 to allow for effectively a supplemental petition to be filed if one had a Marriage Visa petition pending to be able to utilize the K apparatus to go ahead and process a Visa out of the system and get one's spouse into the United States in a quicker period of time compared to the Immigrant Spouse Visa.

Effectively as time has gone on, that has to one degree or another become less of a priority. As we have discussed in other videos, the National Visa Center can also unilaterally decide to administratively close K-3 petitions, but more to the point for this video, there may be a limited subset of scenarios wherein a K-3 may be optimal for a given client, a given circumstance, a given couple, but generally speaking, when you are really looking at the analysis with regard to choosing what type of Visa category to pursue, you are looking at the K-1 versus the Immigrant Spouse Visas rather than the K-3 itself. It's a bit of a misnomer and quite honestly, any practitioner out there who is calling a Marriage Visa a K-3 just sort of off the cuff or constantly refers to it as a K-3, you need to kind of look into that person's credentials because they may not have the best background with regard to US Immigration matters from here in the Kingdom of Thailand or anywhere else in the world.