K-3 Visa India

K-3 Visa India

This piece was published in an attempt to provide a brief overview of the K-3 visa process to those interested in this process as it applies to Indian spouses of U.S. Citizens.

The common phrase used to describe a US Marriage Visa on the World Wide Web is «K-3 Visa». Regardless of the fact that this visa category has not been the widely utilized travel document used by bi-national Indian-American married couples for family re-unification in the United States since the promulgation of the US Immigration and Nationality Act. Before the promulgation of legislation commonly referred to as the «Life Act» and its enactment by President William Jefferson Clinton the organization now referred to as the United States Citizenship and Immigration Service (USCIS) had a large backlog of United States Immigrant visa petitions for spouses of U.S. 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 appears that a decision was made which resulted in the policy of «administrative closure» of K-3 visa applications when the immigrant petition arrived at NVC before, or at the same time as, 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 contemplating submission of a petition for American Immigration benefits for a loved one from India are prudent to conduct sufficient research in order to make informed decisions regarding United States 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.

Benjamin 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 find out more please see: K-3 Visa India or K-1 Visa India.

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