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Employment Authorization Documentation And K-3 Visas

Transcript of the above video:

As the title of this video suggests, we are discussing K-3 Visas. For those who are unaware, this is a Non-immigrant supplemental Spouse Visas; it only pertains to the spouses of American citizens somewhat similar to the K-1 Visa. You have to remember this Visa was created under the Life Act in the '90s under President Clinton at a time when K-1 Fiancée Visas were taking a matter of months to process and unfortunately Immigrant Spouse Visas were taking a matter of years. Congress in their wisdom decided to go ahead and promulgate a new law in the Life Act, which created the K-3 Visa and allowed those who had already filed for an Immigrant Spouse Visa, a CR-1 or IR-1 Visa, it allows those folks to go ahead and file a supplemental petition to request an Non-immigrant Visa i.e. the K-3, which would then allow the foreign spouse to come to the United States presumably more quickly, in order to reunite the family. 

As a practical matter, the K-3 has effectively fallen out of use on a day-to-day basis. We just really do not that many K-3 petitions anymore mostly as a result of the National Visa Center's policy of Administrative Closure wherein they decide to go ahead and just close those cases especially where the underlying immigrant petition has either already come to NVC or has come simultaneously with the K-3 supplemental petition or shortly thereafter or shortly after receipt of the K-3 supplemental petition. So as a practical matter, we just don't see K-3 process with the same frequency as they once were. 

That said, the question posed by this video, I am going to go ahead and throw this up online. This is just a screenshot I have seen kind of circulating throughout the ether of social media on the internet, wherein they are talking about Work Permits. What is really causing a great deal of consternation is Work Permits in association with illegal aliens in the United States but it has caused a number of questions to come through to our office about work authorization in the context of both the K-1 Fiancé Visa where yeah work authorization documentation, the EAD, also called a Work Permit can be sought by those who are waiting in the United States for adjustment to permanent residence in K-1 fiancé status. In theory, where applicable, again the K-3 is not in wide use as of the time of this video, but yeah a K-3 Visa holder could ask for or request employment authorization as well while they are waiting for adjustment of status. That is something to remember with regard to the K-3; it still requires adjustment of status to Green Card status. Again it is a supplemental visa created to expedite reunification of families and again due to the National Visa Center's policy of administrative closure we just simply do not see K-3s with the same frequency we once did. That said and the point of this video is yes a K-3 Visa holder could get a Work Permit in the United States.