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Article Directory :: Legal Articles
A common question for those seeking an expedited Marriage visa for their loved one is: why does the K-3 visa use the same application as the k1 fiance visa?
The K3 visa was initially designed as a way of getting spouses of American citizens to the United States in as fast a manner as possible. Back when the United States Citizenship and Immigration Service was referred to as the Immigration and Naturalization Service (INS), the classic I-130 application for an IR-1 or CR-1 Immigrant Spouse visa took as long as three years to adjudicate. This lead to an egregious backlog of pending cases and probably was one of the reasons why INS (USCIS) was reorganized.
When filing for a marriage visa, the first phase is filing an I-130 petition. If the couple opts to apply for an expedited visa, then they can file the I-129f with a service center that has proper jurisdiction. This phase can only occur after the initial petition has been received by the proper Immigration office.
In some ways the K3 visa (supplemental marriage visa) is similar to the V visa, which was designed to break the logjam of cases involving family members of those lawfully resident in the United States of America. Currently, the V visa category has fallen into increasing disuse due to the fact that it was only available to those who filed a petition before a certain date.
This still does not answer the question, why use the fiance visa application form? Put simply, it was probably simpler and less expensive to use the I-129f application form rather than create a completely new document to be used exclusively for the K3 marriage visa.
For those uninitiated in dealing with the United States Citizenship and Immigration Service, filing the proper paperwork is critical to obtaining an approval from the officers working for the Service. Also, depending upon the visa being sought, the analysis differs. Therefore, the burden of proof may be different if one is seeking a fiance visa versus a marriage visa.
One should always remember that providing false documentation in a visa application is never a positive way of obtaining Immigration benefits. This strategy could lead to a finding of legal inadmissibility and result is a greater investment of time and resources in order to make sure that a foreign loved one can travel to the USA.
(Please note that nothing contained herein should be utilized as a substitute for legal advice. One should always contact an attorney for personalized legal consultation. No attorney-client relationship exists between author and reader.)
For more information please Contact Integrity Legal at 1-877-231-7533. One the web please visit: k1 fiance visa of k3 visa
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