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Article Directory :: Legal Articles
The following article is written in an effort to provide a brief primer to those interested in the United States K-3 visa process as it applies to spouses of American Citizens from India.
The common phrase used to describe a US Marriage Visa on the World Wide Web is "K-3 Visa". Notwithstanding the fact that this visa category has not traditionally been the traditional travel document used by bi-national Indian-American couples for reunification in the USA since the promulgation of the United States Immigration and Nationality Act. Prior to the passage of legislation colloquially referred to as the "Life Act" and its execution by President William Jefferson Clinton the agency now referred to as the United States Citizenship and Immigration Service had a substantial backlog of US Immigrant visa petitions for spouses of American Citizens. The provisions of the "Life Act" addressed the problem of speedy family reunification by creating the K-3 visa category. The K-3 visa is a sort of supplemental visa used by those waiting to process their immigrant visa petition.
Since the enactment of the "Life Act" and the creation of the K-3 visa, the United States Citizenship and Immigration Service has decreased its backlog of immigrant spousal visa petitions of US Citizens to the point that the National Visa Center (NVC) was receiving approved immigrant visa petitions prior to receipt of supplemental petitions. It would seem that a policy decision was made which resulted in the "administrative closing" of K-3 visa applications where the immigrant visa petition arrived at NVC prior to, or contemporaneously with, the K-3 petition. Thus, K-3 visa seekers were thereby compelled to seek immigrant visa benefits. Bearing that in mind, it should be noted that those Indian spouses of US Citizens admitted to the United States on an Immigrant visa are conferred either conditional lawful permanent residence (CR-1 status) or unconditional lawful permanent residence (IR-1 status) upon admission to the United States at a Port of Entry. Whereas, those entering the United States in K-3 status must still file for adjustment of status prior to being granted permanent residence which results in expenses in the form of time, money, and resources.
Those interested in seeking United States Immigration benefits for a loved one from India are well advised to conduct sufficient research in order to make an informed decision regarding American immigration options. Furthermore, those seeking advice and counsel in matters related to American Immigration are well-advised to check the credentials of anyone claiming expertise in United States Immigration law as only licensed American attorneys are qualified to dispense legal advice regarding matters pertaining to Immigrating to the USA.
Ben Hart is an American attorney, the International Director of White & Hart Ltd., and the Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact details: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. To learn more please see: K3 Visa India or K1 Visa India.
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