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K-3 Visas Amidst Trump's Visa "Pause"?
Transcript of the above video:
As the title of this video suggests, we are discussing the K-3 Visa. Now this is a Non-immigrant Marriage Visa. Generally speaking this is obtained via filing of a supplemental petition on top of an underlying I-130 petition; an I-130 being a petition to bring a foreign spouse to the United States.
As we have discussed in other videos, the Trump Administration is now taking the position that they are retooling if you will, their framework for adjudicating whether or not someone is liable to become a public charge in the United States. They are issuing 221g refusals based on this and effectively what it is doing is just not allowing people to bring their spouse to the United States in immigrant capacity. Meanwhile, Trump is also saying, or this Administration is also saying they are not going to process adjustment of status in the United States - notwithstanding the clear language of the law - and they are basically making people go outside the United States so that they have to Consular Process their Immigrant Visas. Well in the case of Thailand, Laos and Myanmar out here in Southeast Asia - I think Vietnam's on the list too - and I don't understand why Thailand was put on this list but they were put on the list stating that, "Oh, these are countries that it is very likely these people are going to go on welfare after they get to the United States". I don't think that there is a lot of evidence for that. Also it doesn't make a lot of sense to me in light of the fact that Thailand is America's oldest ally in this part of the world, but whatever, fine, that's what we're dealing with. But it's creating a situation where effectively spouses of Americans aren't able to process into the United States which brings up the K-3 Visa. Because again, we are seeing K-1 Visas processed because they are Non-Immigrant Visas but again Immigrant Spouse Visas are not processing.
So I'm basically making this video in order to sort of let people know that thinking about a K-3 if you are married to a foreign national, and you want to bring them to the United States, thinking about a K-3 may not be a bad idea. In the past, this wasn't something a lot of folks used. I've discussed in other videos how Administrative Closure occurred around about 2011, where again the K-3 was created under what's called the Life Act under President Clinton at a time when it was taking years to process an Immigrant Spouse Visa but it took a couple of months to process a K-1 Fiancé(e) Visa so they basically created another K category of visa and they allowed spouses of American citizens, understand, spouses of Americans citizens, not spouses of Lawful Permanent Residents necessarily, only the spouse of an American citizen can seek a K-3. But again, now where they basically have gone after the Immigrant Spouse Visas, I don't know that married folks have much of a choice at this point. The K-3 may be the only way to bring a spouse to the United States in order to presumably adjust their status or to get some level of permanence for their living arrangements.
Again, US Immigration is in a deep state of flux, and look, I was very much in favour of closing the borders. I had a serious problem watching my country of birth basically be invaded, but again, legal immigration I don't know people had a huge problem with folks bringing their Thai, or Laos, or Myanmar or Cambodian spouses over to the United States. I don't think that was the main problem but here we are. It looks like this Administration is effectively blocking up most of the ways in which folks can legally immigrate to the United States of America. That said, how this continues to play remains to be seen, so we'll certainly keep folks updated on this channel as the situation evolves.
