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ResourcesVisa & Immigration LawUS Immigration LawComparing The K-1 And The K-3 Visa

Comparing The K-1 And The K-3 Visa

Transcript of the above video:

As the title of this video suggests, we are discussing the K-1 and the K-3 Visas. So the K-3 Visa oftentimes, at least in the past was sort of euphemistically referred to, that's how you sort of referred to a Marriage Visa but strictly speaking practitioners don't think of the K-3 as the Marriage Visa. If, anything the K-3 is kind of a newbie to the Visa family if you will. It was created under the Life Act in the 90s under President Clinton; it was created at a time when the backlog for Immigrant Spouse Visas was quite long compared to Fiancé Visas which is not too far off of what we are dealing with there. Now the K-3 has been known to be administratively closed in terms of cases processed through the National Visa Center so it is kind of a toss-up whether or not you will even see a K-3 ultimately processed through a given Embassy or Consulate depending on circumstances.

The thing to take away from this video though is a comparison between the K-1 and the K-3. Well first off, both of them are technically Non-Immigrant Visas which means that at some point in the future, with either Visa, you are going to need to deal with adjustment of status if you want to your spouse to live in the United States full time in Green Card status. The K-3 does not confer a Green Card as does the K-1, it doesn't confer a Green Card either but the K-1, you are not married yet. So where I see people getting kind of confused with the K-3 is they think "well we are married, that means she gets a Green Card at entry." No, the CR-1 or the IR-1 Visa allows Green card and entry, Immigrant Spouse Visas; they also take longer oftentimes to process because you have to deal with what I would call the quagmire of the National Visa Center. 

So the thing to take away from this video is the K-3 exists and under limited circumstances may be useful for those married, especially American citizens, married to a foreign national. The K-1 is for unmarried folks but at the end of the day, it all kind of culminates in the same thing which is adjustment of status to Green Card status or Lawful Permanent Residence in the United States of America.