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ResourcesVisa & Immigration LawUS Immigration LawShould I Use a K-1 Visa or a K-3 Visa to Get My Thai Girlfriend to the USA?

Should I Use a K-1 Visa or a K-3 Visa to Get My Thai Girlfriend to the USA?

Transcript of the above video: 

As the title of this video suggests, we are discussing should I use a K-1 or a K-3 Visa to bring my girlfriend to the USA? And I should note, this could be as much for a boyfriend as a girlfriend. I maybe shouldn't have stipulated that but whatever. The vast majority of cases we deal with here are oftentimes American men who are trying to bring a foreign lady back to the United States, so that's usually the gender roles, but it's not always, and especially with same-sex marriage going legal here in Thailand, I expect we'll see more of those kind of cases moving forward as well. 

That being said, the thing to take away from this video is how do you decide between a Fiancé(e) and a Marriage Visa? Well it depends on your circumstances and also it is worth noting, the K-3 is not the only option for a US Marriage Visa. In fact, it's kind of a more limited option. It's not the most optimal option; there are CR-1 and IR-1 Immigrant Spouse Visas as well. I discuss that at length in many other videos. That said, let's just talk generally about Marriage Visas versus Fiancé(e) Visas. 

Generally speaking, Fiancé(e) Visas are often a little bit faster to process. The downside of the Fiancé Visa is you need to deal with a Green Card in the United States. That means you need to deal with the Adjustment of Status process; that can take some more time and cost. If however, you enter on a CR-1 or an IR-1 Visa you enter in Immigrant Visa status, so you have dealt with the Green Card at the outset; you have sort of front loaded it. When comparing the K-1 and the K-3, it's not a great comparison. Again, the K-3 is a supplemental visa that was created under the Life Act. Its general usage is not overly acute at the moment compared to past times, let's put it that way. So as a practical matter, oftentimes people don't choose the K-3. Oftentimes what it ends up coming down to is the decision between a K-1 and a CR-1 and you need to make that determination as to what's right for you, based on the given facts in the underlying case.