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K3 Visa Thailand: "Administrative Closing" and Visa Interview "Forum Shopping"

By Ben Hart

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Published: 11Apr2010
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The following article briefly discusses recent changes to the processing procedures associated with the K3 visa and how this may impact the venue of a foreign spouse's visa interview.

In a few previous articles this author has discussed the current posture of the K3 visa process. At present, K3 visa processing is becoming increasingly erratic as the National Visa Center (NVC) will no longer process I-129f petitions for K3 visas if the underlying I-130 application arrives before, or concurrently with, the I-129f. It is a credit to the United States Citizenship and Immigration Service's (USCIS) efficiency that they are processing I-129f applications as well as I-130 applications in a quick and efficient manner. However, for those looking for expedited marriage visa benefits this efficiency could end up creating an unwanted situation.

The National Visa Center has stated that they will "administratively close" aforementioned I-129f applications. This could lead to a difficult situation for those couples who specifically married in a certain jurisdiction in order to process the foreign spouse's visa application at that jurisdiction's US Embassy or Consulate-General. Under the provisions of the statute creating the K3 Visa, the visa must be processed by the Embassy or Consulate-General in the country where the marriage took place. This allowed many couples to "Forum Shop" for the country where they wished the process their visa. For example, if a couple wished to process a visa application in Thailand, they could ensure that the K3 visa application would be processed in Thailand simply by getting married in Thailand.

Now, because the future of the K3 Visa remains uncertain, there is a distinct possibility that visa interview "forum shopping" will become a thing of the past. That being said, Immigrant visa applications for travel documents such as the CR1 visa and the IR1 visa could be sent to the foreign spouse's country of Nationality as Embassies and Consulates only process third country nationals as a courtesy and if inconvenient will send the application to the Post in the country of the Beneficiary's nationality.

Hopefully, these recent changes will not result in problems, but it remains to be seen if this will be the case. That being said, so long as the United States Citizenship and Immigration Service continues to process the I-130 in such a quick manner, it remains likely that the National Visa Center will continue administratively closing K3 cases and thereby forestalling the aforementioned practice of forum shopping. For those foreign fiancees in countries such as Burma (Myanmar) or Cambodia this change in policy could cause hardships as both of these countries' bureaucracies can make it extremely difficult for a native born woman to marry an American man.

Benjamin Hart is a licensed attorney from the United States of America. He currently acts as Managing Director of Integrity Legal (Thailand) Co. Ltd. For more information contact: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See Integrity Legal on the web at: US Visa Thailand or K1 Visa Thailand.

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