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K-3 Visas from Thailand and Adjustment of Status?
Transcript of the above video:
As the title of this video suggests, we are discussing K-3 Marriage Visas. We are specifically discussing this in the context also of Adjustment of Status. This video is going to be a catch all video for those who want to understand why is the K-3 not particularly used all that often and what exactly is the adjustment of status process?
So first of all you need to understand, before there was a K-3 Visa there were two types of visas effectively. There were Immigrants Spouse Visas - in the CR-1 or IR-1 category depending on how long you've been married at the time of entry to the United States - and Fiancé Visas. These are sort of the two prevailing categories for those who want to bring a loved one to the United States, a significant other. You choose between going down the fiancé route or spousal marriage visa route.
In the past, going back in the '90s, there was a huge backlog in the Immigrant Spousal Visa processing line, so they created through the Life Act that President Clinton signed into law, they created the K-3 Visa so as to allow the spouses of American citizens to process through the K-1 Fiancé Visa line because it was moving more quickly. That was later administratively closed because it was determined it was no longer necessary to process those as a practical matter. Occasionally you will see a K-3 Visa. The thing to understand though about the K-3 why it's kind of the "odd man out" between the K-1 or the Immigrant Spouse Visa is kind of in a way the worst of both worlds insofar as it's a Marriage Visa but it's a Non-Immigrant Visa; it does not grant resident status upon entry. It also requires Adjustment of Status which that process in and of itself is the process of changing over from Non-Immigrant status to Immigrant status or Lawful Permanent Resident status i.e. “Green Card” status in the United States. K-1 fiancés and K-3 spouses are considered non-immigrants until Adjustment of Status has occurred. That is a process that occurs inside the United States and depending on the facts in your given case, it may or may not behoove you to seek the K-3. In the vast majority of cases, it's probably not going to be optimal to seek the K-3.
For those who feel a bit overwhelmed by all of this, it's probably not a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.