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ResourcesVisa & Immigration LawUS Immigration LawInformation about the K-3 Supplemental Marriage Visa Petition

Information about the K-3 Supplemental Marriage Visa Petition

Transcript of the above video:

I am going to briefly discuss the K-3 Visa in this video. I say briefly because before you're even watching this video I strongly encourage anyone looking into the K-3 Visa to click over to the information in the video, at least on this website regarding the IR-1 and the CR-1 Visas. Those are probably be more apt and more fitting to a couple's situation rather than the K-3 Visa, the reason for which I will explain why right now.

The K-3 visa was actually created by President Clinton under a piece of legislation called the Life Act. The K-3 was created for one simple purpose. At that particular time, the Immigration apparatus, which was the precursor to the current USCIS, United States Citizenship and Immigration Service, that Immigration Service at that time had such a backlog of cases that it was strange, it was sort of strange and paradoxical in the fact that Immigrant Visa cases for spouses of American citizens were processing significantly longer than fiancée visas for American citizens and the result was in some cases people would even get divorced just to specifically seek a fiancée visa because the time differential in getting those kind of benefits was staggeringly different. The K-3 Visa was created as a result of this situation and basically what it did was it created a dual track for those seeking spousal Visa benefits for the spouse of an American citizen. So what one could do was file for immigrant visa benefits and then turn around and upon receiving a receipt notice of said filing then turn around and re-file for what recalled K-3 benefits. The K-3 benefits went through the same track that the K-1 cases went through and K-1 cases were processing far more quickly. So what would oftentimes take 1 ½, 2 years for USCIS to process on the Immigrant Visa side, as far as the K-3 Visas went, because they were in the fiancée visa track, they were processing in about 5 to 6 months. This was created for a specific purpose and there was a specific time when those seeking spousal immigration benefits would have been benefited by the K-3. More recently, USCIS got their backlog significantly reduced and the need for the K-3 was effectively ruled out. All of this sort of culminated in the fact that the National Visa Center started doing what was called “Administrative Closures” of K-3 Visa applications where the Immigrant Visa case had already made it to the National Visa Center and in most cases the Immigrant Visa case will get there because it will be approved, it will get to NVC quicker than the K-3 visa application will get there and as a result the K-3 cases will be administratively closed. The other reason that the K-3 is not a particularly beneficial type of travel document for those seeking spousal visa benefits is because:

1) It's redundant and

2) the K-3 still requires adjustment of status in the United States.

As you will see with the IR-1 and the CR-1, video and the information you can read on the site, those entering the United States on IR-1 or CR-1 status, enter with a green card upon entering. Those entering with a K-3 they enter without a green card entry; they enter in much a similar situation to the K-1 Visa holders. They enter with a visa of a certain duration and at some point during their presence in the United States, that person will need to seek adjustment of status. For this reason, I tend to, and all cases are unique, I tend to advise my clients that CR-1 or IR-1 visas are more beneficial when compared to the K-3.