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ResourcesVisa & Immigration LawUS Immigration LawShould K-3 Visas Be Fully Adjudicated at an Embassy?

Should K-3 Visas Be Fully Adjudicated at an Embassy?

Transcript of the above video:

As the title of this video suggests, we are asking the question, "Should K-3 Visas just fully be adjudicated at an Embassy?" I made a similar video contemporaneously with this one discussing this in the context of the K-1 Visa and my belief on this is the K categories, the K-1 and the K-3, do not confer, let me be clear, confer Immigrant status upon entry into the United States as opposed to the CR-1 and IR-1 Visas which do. 

If you enter the United States with a CR-1 Visa and you are the spouse of an American citizen, you enter with what is called, in CR-1, Conditional Lawful Permanent Residence but the operative word there is Lawful Permanent Residence. We have done other videos on conditionality of residence; I urge those who are interested in that topic check the search function on our channel for more information there. 

The purpose of this video is yeah a CR-1 or an IR-1 Visa you get your Green Card essentially at entry. On a K-1 or a K-3 Visa you do not get your Green Card until you have you gone through the adjustment of status process, even if you are married. The K-3 generally confers a longer Visa, you can stay over there and it is multi entry in some cases; you can come and go, but at the end of the day you are still going to have to adjust status to a Green Card and it kind of begs the question, "What is really the point of the front end Department of Homeland Security adjudication associated with Fiancé and Marriage Visas in the K category? Should we still be doing this?" I think there are a lot of good arguments from an efficiency standpoint; from a cost benefit standpoint to just doing all the K adjudication at Embassies abroad would be much more cost-effective. Already a lot of the Embassy functions are heavily redundant because yeah you have gone through this adjudication in Department of Homeland Security but you still getting scrutinized again and frankly the applicant's adjudication happens abroad anyway. So I guess my point is I think there is a strong argument to be made for the idea that the K-3 Visas and K-1 Visas should have the entire Visa process just occurring at an Embassy abroad.