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K-3 Supplemental Petitions in Light of Trump's Visa "Pause"?
Transcript of the above video:
As the title of this video suggests, we are discussing the K-3 Visa, especially in light of Trump's recent so-called “Visa pause”. Now as I've discussed in other videos, Trump, or the Trump Administration came out in January and said that there was going to be a ban on Immigrant Visas. That ban turned out to be a “pause” while they are retooling the analysis infrastructure that they use to ascertain whether or not someone is likely to become a public charge in the United States; basically will this person become a welfare recipient in the US. If so, then we're not going to let them in the US. I get all of that; they have paused essentially Immigrant Visas from being issued.
Now it's my opinion that we are probably going to start seeing that or I think we could see the pause itself end in April. Why do I think this? Because I haven't been able to schedule any new interviews down at the Embassy going all the way back into early December and when they did start scheduling them, they were scheduling them all in April. Then we saw the pause announced and these interviews are still on for April. My hope is, my hope - and I can't say this for certain - is that the pause ends and that's why we are seeing these interviews in April.
Now that said, even if it doesn't end, it is my understanding that the K-1 Visa category for fiancé(e)s is a Non-immigrant Visa category so it's not, supposedly it's not going to be covered by this Visa pause, because the pause pertains to Immigrant Visas only. So where does that leave folks that are married to a foreign national, for the purposes of this video we will presume a Thai national? Well the answer to that question, well it seems to be, the answer might be a K-3. What is a K-3 Visa? The K-3 Visa was invented under the Life Act; it was signed into the law by President Bill Clinton back in the '90s at a time when there was a major backlog on Immigrant Spouse Visas for American citizens and the Fiancé(e) Visa was taking like four to six months. So what they did is they created a K-3 Visa; they allowed for folks to file a supplemental I-129f petition for a K-3 visa on top of their Immigrant Spouse Visa petition and thereby circumvent the line for Immigrant Spouse Visa processing and bring that person in on a Non-immigrant Visa. Now a K-3 Visa holder does need to adjust status in order to get an actual Green Card, but they can gain access to the United States utilizing the K-3. My question and something I've been pondering is could K-3 Visas be an effective means of bringing the spouse of an American citizen to the United States in spite of Trump's Visa pause? Might be. Again remains to be seen.
I don't have much to say on the topic yet of exactly what we're looking at with regard to this Visa pause until I see the upcoming days here in April and I see my clients who are going through their interviews in the upcoming days and weeks and see the outcomes associated therewith. At that point, I'll be able to basically ascertain where things exactly stand and then I will be able to essentially report on that on this channel. So stay tuned because I'll certainly be keeping folks updated on this channel as this situation evolves.
