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Article Directory :: Legal Articles
This article is intended to provide insight to those researching the K-3 marriage visa for the Taiwanese spouse of an American Citizen.
The K3 visa is a relatively new creation of the United States legislature as it was designed to act as an expedited travel document for foreign spouses of American Citizens at a time when the United States Citizenship and Immigration Service (USCIS) had a substantial backlog of immigrant visa petitions. Therefore, the United States Congress and President William Jefferson Clinton enacted and executed a piece of legislation idiomatically referred to as the "Life Act" which promulgated the K-3 visa category and the K-4 derivative visa category.
Since the creation of the K-3 visa category the diligent efforts of the USCIS has decreased the overall backlog of immigrant spouse visa petitions resulting in a situation in which immigrant spousal visa petitions could be adjudicated as quickly as, or faster than, their K-3 supplemental counterparts.
No assumptions can, or ought to, be made regarding the outcome of a USCIS adjudication. However, the K3 visa process does not end at the conclusion of the USCIS adjudication as approved visa petitions must be processed through the American State Department's National Visa Center before they can be forwarded to a US Mission abroad for Consular Processing. In the context of the K3 visa, the National Visa Center recently announced that K-3 visa applications arriving at NVC at the same time, or after, an Immigrant visa petition for a CR1 or IR1 visa would be "administratively closed".
Although this decision could seem imperious to some, there is a strong argument in favor of choosing to process an Immigrant visa as opposed to a K-3 visa especially as the K-3 visa is simply a non-immigrant visa category and does not confer lawful permanent residence upon the visa holder at the time of admission into the United States of America.
K-3 spouses, at some point after arrival in the USA, must eventually either consular process their immigrant visa application or apply for adjustment of status in the United States. Obviously, either of these options would be considered by many to be more costly in time and resources compared to simply entering the USA in either Conditional Lawful Permanent Resident Status or Unconditional Lawful Permanent Resident (CR1 or IR1) status thereby avoiding the need to apply for adjustment of status.
Those interested in filing for US Immigration benefits should research the visa process thoroughly prior to making an informed decision about submitting a petition. Those seeking representation are well advised to request the credentials of anyone claiming expertise in US Immigration matters as only licensed American attorneys are qualified to provide representation and advice to individuals with matters pending before the Department of Homeland Security or the Department of State.
Benjamin W. Hart is an American attorney, Managing Director of Integrity Legal (Thailand) Co. Ltd., and International Director of White & Hart Ltd. Contact: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. Learn more online at: K3 Visa Taiwan or K1 Visa Taiwan.
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