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K-3 Marriage Visas Require Adjustment of Status?
Transcript of the above video:
As the title of this video suggests, we are discussing the K-3 Marriage Visa and we're discussing the need for Adjustment of Status. So the K-3 Visa was actually invented under what is called the Life Act under President Clinton. There was a time when it took years to get the Immigrant Spouse of an American citizen into the United States and K-1 Visas for fiancé(e)s were taking like a matter of months and by months, I mean like 3 to 6. It was a really fast processing time for fiancé(e)s but then those who were married to Americans, it took them years to get in. So basically under the Life Act, they created the second Marriage Visa called the K-3, and they said, okay if you're married to an American citizen, you can use the K line if you will, to process your case in a supplemental petition. You still have to file the underlying Immigrant Spouse Visa petition then you turn around after that is filed and file what is called a K-3 petition the I-129 F to go ahead and seek K-3 benefits, presuming you get that and there's a lot of reasons to presume you wouldn't. I've discussed at length in other videos, most notably on the notion of what's called Administrative Closure by the National Visa Center but let's presume the K-3 Visa is actually issued. Those who use it, who wish to ultimately get their Green Card, they need to adjust status as well; it's just like the K-1 insofar as it requires Adjustment of Status.
Now, a K-3 Visa holder can choose between fully processing their underlying Immigrant Spousal Visa petition at an Embassy abroad and receiving their Green Card that way or simply filing for adjustment benefits in the United States with the Department of Homeland Security and seek their Green Card that way. So there are two options to go ahead and seek a Green Card. But if you are in the United States, yes, it is Adjustment of Status and is it very similar to the K-1 Fiancé(e) Visa process insofar as you have to file for Adjustment of Status in order to receive a Green Card on the K-1. Same thing with the K-3, so something to think about.
I know that the K-3 is often conflated with the other Marriage Visas. It's treated as if it is the Marriage Visa by many frankly non-knowledgeable people of the system. But long story short, it is a supplemental petition, it does require Adjustment of Status if you travel to the United States on it and want to remain in the United States to get your Green Card, so that's the way that works. Again, bearing in mind that there is the option to return abroad and seek Immigrant Spousal Visa benefits for the underlying Visa, that's also a possibility. But for those who wish to stay, yeah adjustment is a requirement in much the same way as it is for a Fiancé(e) Visa.
