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As the title of this video suggests, we are discussing K-3 Visas from Thailand and as the title suggests, "In but not done", what are we talking about? Well the K-3 is kind of an odd Visa. Just some background; it was created under the Life Act under President Clinton. It was basically created at the time when Fiancé Visas, the K category K-1 Visa was processing far more quickly than Immigrant Spouse Visas. Basically they created this other category that could process through the K Visa line if you will and the K-3 Visa was born. It is a Marriage Visa specifically for spouses of American citizens. It provides a supplemental option to go ahead and seek a K-3 for those who have already gone ahead and filed to obtain an Immigrant Spouse Visa; a CR-1 or an IR-1 Visa.

Now in my opinion, the K-3 has some kind of limited usage because unfortunately the National Visa Center has this policy of administratively closing K-3 cases if the underlying Immigrant case comes through first or contemporaneously effectively with the K-3. I have even seen it, seems to me like if the K-3 comes in, USCIS, I don't know if there is any liaising going on; I just have my own kind of suspicions, that they may say "Hey USCIS, send us that immigrant case so we can close this K-3." In a sense it is viewed as being a little bit superfluous and I think some view it as no longer being administratively required because there is no longer the need because USCIS processes cases faster than they used to. Reasonable people can disagree on that. I personally think it would be better if they didn't administratively close K-3s and just left the option open for folks but it just is what it is.

Long story short, it may still be available depending on circumstances but the thing to understand, once you get to the United States on a K-3, you may be "in but you are not done"; you have non-immigrant status. You still have to deal with Adjustment of Status to get one's Green Card which in my opinion it decreases the attractiveness of the K-3 compared to an Immigrant Spouse Visa because yeah the Immigrant Spouse Visa may take longer but once you get there you are Green Carded, that issue is sorted whereas with the K-1 it moves faster and there is no issue with respect to the possibility of Administrative Closure.. So if you are unmarried it might be a better idea, in my opinion the analysis is between a K-1 and an Immigrant Visa but that is one man's opinion. Long story short is the K-1 is fast, the K-3 not arguably all that greatly faster and again it can be quashed effectively by the National Visa Center. Then on top of it you don't get a Green Card when you arrive so it is not the most beneficial travel document out there and yeah you have things to do once you arrive in K-3 status that you don't have to deal with if you arrive in Immigrant Spouse Visa status.