Integrity Legal

In recent postings on this blog, the administration has noted that the United States Citizenship and Immigration Service (USCIS) is poised to raise some of the costs and fees associated with American Immigration. To quote directly from the official website of USCIS:

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) reminds customers that its new fee schedule goes into effect Nov. 23, 2010.  Applications or petitions postmarked or otherwise filed on or after this date must include the new fee, or they will be rejected.

USCIS published the new fee schedule in the Federal Register on Sept. 24, following a comprehensive review of public comments received after publication of the proposed rule this summer.

The new fee schedule increases application and petition fees by an average of about 10 percent but does not increase the naturalization application fee.

Although no one likes to see fee increases, there are some who argue that an increase in processing fees is a necessary consequence of both inflation and the rising cost of the services sought. It should be noted that USCIS recently posted a shortfall and the recent fee increase would seem to be one response to this issue.

The new policy will also usher in new fees that have not previously existed. As they did not exist before it is not really correct to call the new fees “increases,” but as they result in new overall costs, the term increase could be used since the fee was technically increased from nothing to the new fee. To quote from another page of USCIS’s website:

The final fee rule establishes three new fees, including a fee for regional center designations under the Immigrant Investor (EB-5) Pilot Program, a fee for individuals seeking civil surgeon designation, and a fee to recover USCIS costs to process immigrant visas granted by the Department of State. Additionally, the final rule reduces and eliminates several fees, including some for servicemembers and certain veterans of the U.S. armed forces who are seeking citizenship-related benefits. The final rule also expands the availability of fee waivers to additional categories.

It is interesting to note that one of the newly instituted fees involves the EB-5 visa (also referred to as an investor visa). There are those who posit that the EB-5 visa might become increasingly popular in the upcoming months as the American dollar remains somewhat low compared to other currencies. Therefore, some foreign nationals could invest in EB-5 programs at comparatively cheaper rates due to the current exchange rate with the dollar. This is a net benefit to the United States as influxes of foreign capital would likely prove beneficial in a monetary sense while the infusion of foreign investors with a stake in the American economy could prove to be a catalyst for future innovation, economic activity, and overall growth.

As noted in a previous posting, the USCIS fee associated with the K-1 visa is expected to decrease when the final rule in promulgated. Although, Department of State fees associated with the K1 visa interview have recently been increased.

For related information please see: EB-5 Visa Thailand or K1 Visa Thailand.

Tags: American Green Card, American Greencard, American Investor Visa, Department of Homeland Security, EB-5 Immigrant Investor Pilot Program, EB-5 Visa, EB-5 Visa Thailand, EB5 Visa, EB5 Visa Thailand, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, Fiancee Visa Thailand, Greencard, Immigrant Investor Pilot Program, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, United States Citizenship and Immigration Service, United States Investment Visa, United States Investor Visa, US Green Card, US Investor Visa, USCIS, USCIS Fee Increase
Posted in Department of Homeland Security, EB5 Visa, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

This blog routinely discusses the ramifications of the National Visa Center’s policy regarding so-called administrative closure of K-3 visa applications. In order to understand how the “Administrative closure” policy can have a significant impact upon the US visa process it is best to understand how the K3 visa process works in the context of a foreign, in this blog post; Chinese, spouse.

The traditional method of obtaining a US Visa for a Chinese spouse was through petitioning for an Immigrant visa based upon the Chinese-American couple’s marital relationship. Although, in the later part of the last century, the processing time for immigrant spouse visas was becoming quite high due to a backlog at the United States Citizenship and Immigration Service (USCIS). In an effort to deal with the backlog problem the United States Congress, along with President William Jefferson Clinton promulgated legislation commonly referred to as the “Life Act”. The language of this statute created the travel document known now as the K3 visa. It should also be pointed out that the K-4 visa was also created by the legislation. The K-4 visa, like the K-2 visa associated with the K1 visa, is a derivative visa intended for the children of K-3 visa holders. Since the creation of the K-3 visa the backlog of immigrant spousal visa petitions at USCIS has decreased dramatically.Those seeking K3 visa benefits must file a supplemental visa petition subsequent to the filing of the initial immigrant visa petition.

In 2010, the US State Department’s National Visa Center (NVC) issued a new policy stating that all K-3 visa applications would be “administratively closed” if the underlying immigrant visa petition arrived at NVC with, or before, the supplemental K-3 petition. There are many who are quick to point out that the purpose of the K-3 visa is effectively negated once the immigrant visa receives adjudication and therefore the administrative closure policy makes sense from an efficiency perspective. Regardless, this policy has likely lead to many bi-national Chinese-American couples to seek immigrant visa benefits where once they may have pursued K-3 visa benefits. Those who submit an application for immigrant visa benefits may receive either a CR-1 visa or an IR-1 visa if their application is approved. Those who enter the United States in CR-1 visa status are considered conditional lawful permanent residents upon lawful admission to the USA while those admitted to the United States in IR-1 status are considered unconditional lawful permanent residents.

Fore related information please see: K3 Visa China or for information pertaining to Consular Processing please see: US Embassy China.

Tags: American Immigration China, American Visa China, CR-1 Visa China, CR1 Visa China, IR-1 Visa China, IR1 Visa China, K-1 Visa China, K-3 Visa China, K1 Visa China, K3 Visa China, Marriage Visa China, National Visa Center, US Embassy China, US Immigrant Visa China, US Immigration China, US Marriage Visa China, US Visa China, USA Visa China
Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US Consulate ChengDu, US Consulate Guangzhou, US Consulate Shanghai, US Consulate Shenyang, US Consulate Wuhan, US Embassy Beijing, US Embassy China, US State Department, US Visa, US Visa and Immigration, USCIS | No Comments »

Those American Citizens with Indian husbands or wives often research issues surrounding the US K-3 marriage visa category in an effort to make informed decisions about American travel documentation. Although the term “K-3 visa” has become a common buzzword used as a colloquial synonym for US Marriage Visa on the World Wide Web, the K-3 category was not always the widely utilized travel document for Indian-American couples reuniting in the United States as the Immigrant visa categories often referred to as CR-1 and/or IR-1 visas were once the only travel documents available to the spouses of American Citizens wishing to take up residence in the USA (note: the IR-1 visa category predates the CR-1 visa category as conditional lawful permanent residence status has not always been imposed upon foreign spouses of US Citizens married less than 2 years).

There was a rather significant backlog of Immigrant visa petitions at the agency now commonly referred to as the United States Citizenship and Immigration Service (USCIS) when the K3 visa category was created by Congressional legislation sometimes called the “Life Act” which was signed and executed by President William Jefferson Clinton prior to leaving office toward the end of his term (the K-4 visa, similar to the K2 derivative visa attached to the K1 visa, was a derivative visa category also created by the “Life Act” to be utilized by the children of an Indian K-3 spouse).

Currently, the United States Citizenship and Immigration Service does not have the backlog that it once had of Immigrant spousal visa petitions. As a result, the K-3′s utility has been increasingly marginalized as the estimated processing time for CR-1 visa petitions and IR-1 visa petitions has decreased. Relatively recently, the American State Department’s National Visa Center (NVC) promulgated the policy that K-3 visa applications would be administratively closed if and/or when the adjudicated immigrant visa petition arrives at NVC before or with the supplemental K-3 visa petition. This policy has likely lead to some Indian-American married couples to seek Immigrant visa benefits rather than K-3 visa benefits as “administrative closure” precluded further processing of the K-3 visa petition and application.

Those interested in the K3 visa process or the Immigrant visa process are well advised to research all options prior to making any irrevocable decisions. Furthermore, those seeking immigration advice and/or representation should check the credentials of those claiming expertise in American immigration matters as only licensed American attorneys may practice American immigration law pursuant to U.S. law.

Fore related information please see: K3 Visa India or K1 Visa India.

Tags: American Immigration India, American Marriage Visa, K-1 Visa India, K-3 Visa, K-3 Visa India, K1 visa India, K1 Visa Process, K3 Visa, K3 Visa India, K3 Visa Process, US Immigration India, US Marriage Visa, US Visa India, USA Marriage Visa, USA Visa India
Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US Consulate Chennai, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Embassy India, US Embassy New Dehli, US State Department, US Visa, US Visa and Immigration, USCIS | No Comments »

Although the topic of K-3 visa applications and “administrative closure” by the United States National Visa Center has been a highly discussed topic in recent postings on this web log it is important to note as it can have a tremendous impact upon the K3 visa process. The K3 visa process is often researched by those United States Citizens wishing to obtain a US Marriage Visa for their Malaysian husband or wife. Although the term “K3 visa” has been used colloquially to describe an American spousal visa on the internet, this is not really the classic method of obtaining marriage visa benefits for the spouse of an American. In reality, submitting the petition to obtain CR1 Visa and/or the IR1 Visa benefits has historically been the commonly followed route to bringing a spouse to the USA.

At one time, the United States Citizenship and Immigration Service (USCIS) had such a substantial backlog of marriage visa petitions that the United States Congress and President William Jefferson Clinton enacted legislation commonly referred to as the “Life Act” in an effort to create, among other things, an expedited marriage visa. As a result, the K3 visa category was promulgated. The K4 visa is a derivative visa category intended to be utilized by the children of a K3 visa holder, it is somewhat similar to the K2 visa in the context of the K1 visa process. Approximately ten years after the creation of the K3 visa, USCIS no longer had the processing backlog it once had for marriage visa petitions. This lead to a situation where the National Visa Center was receiving Immigrant visa applications before or with the supplemental K3 application. It would seem that a decision was made to “administratively close” K3 visa applications where the Immigrant visa application arrived before or with the supplemental application. The reason for this policy would seem to be that the K3 visa’s utility is rather negated if the Immigrant visa petition has already been adjudicated.

Those thinking about bringing their Malaysian husband or wife to the USA are well advised to conduct research in an effort to make an informed decision about which type of benefits best suit the needs of the parties. It should also be noted that only a licensed American attorney is qualified to provide US Immigration advice or represent clients before the Department of Homeland Security or its constituent agencies such as USCIS, USCBP, or USICE pursuant to the United States Federal Code. Therefore, those thinking of retaining professional assistance for the immigration process are well advised to check the credentials of anyone claiming expertise in American immigration matters.

For related information please see: K1 Visa Malaysia or K3 Visa Malaysia.

Tags: American Attorney, American Marriage Visa Malaysia, American Visa Malaysia, CR-1 Visa Malaysia, CR1 Visa, CR1 Visa Malaysia, IR-1 Visa, IR-1 Visa Malaysia, IR1 Visa, IR1 Visa Malaysia, K-1 Visa Malaysia, K-2 Visa, K-2 Visa Malaysia, K-3 Visa Malaysia, K-4 visa, K-4 Visa Malaysia, K1 Visa Malaysia, K2 Visa, K2 Visa Malaysia, K3 Visa, K3 Visa Malaysia, K4 Visa, K4 Visa Malaysia, US Marriage Visa, Us Marriage Visa Malaysia, US Visa Malaysia
Posted in CR1 Visa, Department of Homeland Security, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US Embassy Kuala Lumpur, US Embassy Malaysia, US State Department, US Visa, US Visa and Immigration, USCBP, USCIS, USICE | No Comments »

Those who have read some of the blog will no doubt note that this administration often posts information about the K3 visa process and the overall impact of administrative closing of K3 visa applications by the US State Department’s National Visa Center. Many American Citizens who have a Laotian husband or wife pose the question: “Can I get a K3 visa for my wife (or husband) to reunite with me in the USA?” The answer to this question, at the time of this writing, is a rather qualified: no. However, a brief overview of the K3 visa and the recent changes to the K3 visa process may enlighten those who are researching this issue on their own for the first time.

At one time, the United States Citizenship and Immigration Service (USCIS) had a substantial backlog of immigrant spouse visa petitions. This lead to a situation in which it could take as long as 3 years to receive USCIS adjudication of a mere immigrant spousal visa petition filed by an American Citizen. Due to this rather untenable situation, the United States Congress and President William Jefferson Clinton promulgated and executed a piece of legislation commonly referred to as the “Life Act”. Under the provisions of the Life Act, the K3 visa category and the K4 visa category were created (The K4 visa is a derivative visa for the children of foreign spouses similar to the derivative K2 visa which can be “piggybacked” onto a K1 visa application). At the time, the K3 visa was greeted by many as a severely needed stopgap solution to a rather pernicious problem: slow processing of classic immigrant visa petitions. In recent years, the USCIS has gone to great lengths to streamline the adjudication process and thereby decrease the time it takes to see an immigrant spouse visa petition adjudicated. As a result, many adjudicated immigrant visa petitions began arriving at the National Visa Center at the same time as their K3 counterparts. At one point, it would appear that a decision was made to “administratively close” K3 visa applications when the Immigrant petition arrives either before or at the same time as the K3 petition. This leads to a situation where American-Lao bi-national couples are compelled to seek immigrant visa benefits rather than K3 visa benefits. It should be noted that immigrant visa benefits are substantially superior to K3 visa benefits as immigrant visas confer lawful permanent residence upon the bearer at the time of his or her entry into the United States. Whereas the K3 visa is simply a non-immigrant spouse visa. Therefore, those entering the USA in K3 status must either file for an adjustment of status or Consular Process their immigrant visa petition at a US Embassy or US Consulate outside of the USA.

The term “K3 visa” has sort of become the buzzword used to refer to a US Marriage Visa over the internet. In point of fact, the classic travel documents used by Lao spouses to reunite with their American counterparts are referred to as either the CR1 Visa or the IR1 Visa. Depending upon a bi-national couple’s circumstances such travel documents may confer either conditional or unconditional lawful permanent residence upon admission to the USA.

For related information please see: K1 Visa Laos or K3 Visa Laos.

Tags: administrative closing, Administrative Closure, American Consulate Laos, American Embassy Laos, American Marriage Visa, American Marriage Visa Laos, CR-1 Visa Laos, CR1 Visa Laos, Fiance Visa Laos, IR-1 Visa Laos, IR1 Visa Laos, K-1 Visa Laos, K-3 Visa Laos, K1 Visa Laos, K3 Visa Laos, National Visa Center, NVC, United States Citizenship and Immigration Service, Us Consulate Laos, US Embassy Laos, US Marriage Visa, US Marriage Visa Laos, USCIS
Posted in Adjustment of Status, CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, US Embassy Laos, US State Department, US Visa, US Visa and Immigration, USCIS | No Comments »

This blog frequently discusses American Immigration matters in a country-specific context in order to provide insight to those researching US Immigration issues for the first time. Some are not aware that in 2010 the United States National Visa Center (an agency under the jurisdiction of the US Department of State) promulgated the policy that K3 visa applications would be “administratively closed” if the underlying immigrant visa petition arrived at NVC prior to, or at the same time as, the K3 Visa petition.Those researching this issue for the first time may find a brief overview of the K3 visa’s history insightful as this may shed light upon the possible reasoning behind the “administrative closure” policy.

At one time, there was a rather large backlog of Immigrant spouse visa petitions (petitions for visas now classified as either a CR1 Visa or an IR1 Visa) at the United States Citizenship and Immigration Service (USCIS). Therefore, the United States Congress and President William Jefferson Clinton promulgated and executed legislation colloquially referred to as the “Life Act”. This statute effectively created the visa category known as the K-3 (for derivative dependents the visa category is a K-4 which is similar to the K-2 derivative visa associated with a K1 visa or fiance visa). Since the creation of the K-3 visa, the USCIS has cut down their backlog to the point where immigrant visa petitions are being adjudicated within a matter of months. As a result, there was a rather brief period of time in which USCIS was adjudicating immigrant visa petitions faster that K3 visa petitions. In any case, once USCIS has made their adjudication, such petitions are then sent to the NVC where they are the forwarded on to the US Mission, US Embassy, or US Consulate with appropriate jurisdiction for Consular Processing. At some point, a decision was made to “administratively close” K3 visa applications when the underlying immigrant visa petition arrives at NVC before, or contemporaneously with, the immigrant visa petition. In practical terms, this means that if the adjudicated immigrant visa petition arrives at NVC before the K3 petition, the K3 will be effectively set aside and the bi-national couple will be compelled to proceed with the immigrant visa process.

In a way, this policy makes some sense as the K3 visa’s utility is somewhat negated by the contemporaneous processing of an immigrant visa. As a result, at the time of this writing, there are many who feel that the K3 visa is not a particularly viable option for those Americans wishing to bring their Taiwanese husband or wife to the USA. It should be noted that the K3 visa was always a non-immigrant visa meaning that it did not confer lawful permanent residence upon the bearer when admitted to the USA. Those arriving in the USA on a K3 could choose to either consular process their immigrant visa application or file for adjustment of status in the USA.

For related information please see:  K1 Visa Taiwan or US Marriage Visa.

Tags: Adjustment of Status, American Immigration Taiwan, American Institute Taiwan, Department of State, Fiance Visa Taiwan, K-1 Visa Taiwan, K-3 Visa Taiwan, K1 Visa Taiwan, K3 Visa Taiwan, National Visa Center, US Immigration Taiwan, US Marriage Visa, US Marriage Visa Taiwan, US MArriage Visa Taiwanese Wife, US Visa Taiwan, USA Visa Taiwan
Posted in Adjustment of Status, CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US State Department, US Visa, US Visa and Immigration, USCIS | No Comments »

A common question on the lips of many American Citizens with a Burmese husband or wife is: “Can I get my Burmese husband (or wife) a US K3 marriage visa?” In the past, this question would likely have received an unqualified: yes. However, recent changes to the K3 visa process have resulted in the effective end of broad K-3 marriage visa issuance due to the American State Department’s National Visa Center and their policy of “administrative closure” for many K3 visa applications.

To understand the K3 visa process one must first understand why the K3 visa was invented. It was designed to act as a sort of expedited travel document for spouses of American Citizens at a time when the backlog for adjudication of classic Immigrant spouse visa petitions at the United States Citizenship and Immigration Service (USCIS) was running quite high. In fact, there was a time when bi-national Burmese-American couples could wait as long as 3 years just to see their I-130 petition adjudicated (this does not take into account National Visa Center processing and Consular Processing of pending visa applications). Due to the aforementioned backlog, Congress and the US President enacted the so-called “Life Act” which, among other things, created the K-3 visa category. The K3 visa petition sort of “piggybacks” onto an underlying spouse visa petition and can only be filed after an initial Immigrant visa petition is filed.

In 2010, the National Visa Center announced that they would “administratively close” K3 visa applications when the underlying Immigrant visa petition arrived before, or at the same time as, the K-3 petition. It would seem that this policy is based upon the premise that the K-3′s utility is negated when USCIS has already adjudicated the Immigrant visa petition. Bearing this in mind, it should be noted that the Immigrant spouse visas (also known as the CR1 Visa or the IR1 Visa, depending upon the circumstances of the couple seeking the visa benefits) confer Lawful Permanent Residence upon the visa holder when admitted to the USA at a port of entry. A K3 visa holder is admitted as a non-immigrant, but the entrant retains the option of either adjusting status in the USA or applying for their immigrant visa at a US Embassy or US Consulate abroad. In any case, the K-3 visa, although slightly faster from an initial processing standpoint, does not grant superior benefits to the foreign spouse upon entry compared to the Immigrant visa categories. Therefore, those currently researching American spousal immigration are wise to delve into information regarding the CR1 or IR1 visas.

Fore related information please see: K3 Visa Burma or K1 Visa Burma.

Tags: administrative closing, Administrative Closure, administratively close, American Visa Burma, American Visa Myanmar, K1 Visa Burma, K1 Visa Myanmar, K1 Visa Process, K3 Visa Burma, K3 Visa Myanmar, K3 Visa Process, National Visa Center, United States Citizenship and Immigration Service, US Immigration Burma, US Immigration Myanmar, US Marriage Visa Burma, US Marriage Visa Myanmar, US Visa Burma, US Visa Myanmar, USCIS
Posted in Adjustment of Status, CR1 Visa, K3 Visa, National Visa Center, US Embassy Burma, US Embassy Myanmar, US Embassy Rangoon, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, USCIS | No Comments »

Regular readers of this blog are likely to note that the administration often posts the most recent USCIS (United States Citizenship and Immigration Service) estimated processing times in an effort to provide insight to those researching United States Immigration for the first time. Depending upon the visa category that is sought, the USCIS processing time may vary as different visa categories require unique adjudication. The following time frames were quoted directly from the official website of the United States Citizenship and Immigration Service:

After a petition is submitted to either a USCIS lockbox or Service Center, the adjudication of the petition will generally occur based upon the order in which said petition is received. It should be noted that the above processing time estimates do not take into account the time it takes for the National Visa Center to process visa applications. Furthermore, Consular Processing at a US Mission, US Embassy or US Consulate abroad can add to the overall visa processing time. Therefore, even if a visa petition is approved, this does not mean that a visa will be immediately issued.

For further related information please see: K1 visa, L1 visa, E1 visa, E2 visa, or EB5 visa.

Tags: CR-1 Visa, CR1 Visa, E 2 Visa, E-1 Visa, E1 visa, E1 Visa Process, E2 Visa, E2 Visa Process, EB5 Visa, EB5 Visa Process, IR-1 Visa, IR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Process, K3 Visa, L-1 visa, L1 Visa, US Visa Process, US Visa Processing Time, USCIS Processing Time, USCIS Processing Times
Posted in American Institute Taiwan, CR1 Visa, E1 visa, E2 Visa, EB5 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Emassy Mongolia, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Those familiar with this blog may have noticed that administrative closure of K3 visa applications has been a topic of discussion since the Department of State’s National Visa Center (NVC) announced that K3 visa applications would be administratively closed if the underlying I-130 petition arrives at NVC prior to, or at the same as, the supplemental I-129f petition. Those who conduct research about the US visa process over the internet may have noticed that the buzzword used to describe a US Marriage Visa is: K3 visa. However, the K3 Visa is not the classic travel document used to bring a Vietnamese spouse to the United States of America. This is due to the fact that in the relatively recent past the only travel document available to the foreign spouse of a US Citizen, based upon the marriage alone, was either an IR-1 visa or a CR1 Visa both of which are only available to those filing an Immigrant visa petition.

The K-3 visa category’s creation was the result of a piece of legislation commonly referred to as the “Life Act”. This bill was promulgated by the United States Congress and signed into law by President William Jefferson Clinton. At that time, the United States Citizenship and Immigration Service (USCIS) was processing Immigrant spouse visa petitions quite slowly due to a rather significant backlog of such petitions. The K-3 was designed to alleviate some of this backlog as well as reunite bi-national married couples as quickly as possible in the USA.

Recently, the USCIS has been processing Immigrant spouse petitions in a much more efficient manner. This has lead to many approved Immigrant petitions reaching the National Visa Center (NVC) at the same time or before the supplemental petition used to seek K3 visa benefits. As a result, the NVC made the policy that K3 visa applications would be “administratively closed” if the CR1 or IR1 visa petition arrived at NVC prior to or at the same time as the K3 petition. This has effectively compelled bi-national Vietnamese-American couples to seek Immigrant visa benefits rather than non-immigrant K3 visa benefits. That said, the Immigrant visa really is a preferable visa category to the K-3 as those Vietnamese spouses of American Citizens entering the USA on an Immigrant visa are granted Lawful Permanent Residence (either CR-1 or IR-1 status depending upon the couple’s circumstances) upon admission to the United States at a Port of Entry. Those entering the USA on a K3 visa are not granted lawful permanent residence upon admission, but instead must file for adjustment of status in the USA which can be costly and rather time consuming. Therefore, some have argued that NVC’s administrative closure policy has actually lead to an overall streamlining of the US Marriage Visa process.

For related information please see: K3 Visa Vietnam or K1 Visa Vietnam.

Tags: administrative closing, Administrative Closure, American State Department, American Visa Vietnam, CR-1 Visa Vietnam, CR1 Visa Vietnam, Department of State, IR-1 Visa Vietnam, IR1 Visa Vietnam, K-1 Visa Vietnam, K-3 Visa Vietnam, K-4 Visa Vietnam, K1 Visa Vietnam, K3 Visa Application, K3 Visa Process, K3 Visa Vietnam, K4 Visa Vietnam, National Visa Center, US State Department, US Visa Vietnam, USA Visa Vietnam
Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, National Visa Center, US Embassy Hanoi, US Embassy Vietnam, US State Department, US Visa, US Visa and Immigration | No Comments »

Those American Citizens with an Indonesian spouse sometimes posit: “Would it be possible for me to obtain a K3 visa for my Indonesian husband or wife?” Although, the answer to this question is not exactly “cut and dried” it is a qualified No. However, this does not necessarily mean that there is not another US Marriage Visa category available to the Indonesian husband or wife of a United States Citizen or Lawful Permanent Resident.

The reason that a K3 marriage visa is likely unavailable to the Indonesian spouse of a US Citizen (K visas are not available to lawful permanent residents, this includes the popular K1 visa which is often used to bring fiances of American Citizens back to the USA) is due to the fact that the US State Department’s National Visa Center (NVC) has promulgated a policy whereby all K3 Visa applications will be administratively closed if the I-129f petition arrives contemporaneously with, or before, the arrival of an I-130 petition. As the United States Citizenship and Immigration Service (USCIS) has recently reduced their backlog when adjudicating I-130 petitions this has lead to a situation where I-130 petitions are arriving at NVC prior to their I-129f counterparts. In a way, circumstances as they exist under the aforementioned scenario negate the need for the K3 visa in most situations.

The K3 visa was created under the language of the so-called “Life Act” which was promulgated during the latter part of the Clinton Administration. At that time, the backlog of I-130 petitions was rather large and the K3 visa was created to allow expedited marriage visa processing for the spouses of US Citizens. As technology improved and USCIS overcame their I-130 backlog the USCIS processing time for the K3 visa and the Immigrant visa categories (CR1 Visa, IR1 Visa) came into alignment. Therefore, the K3 visa became somewhat redundant and the National Visa Center seems to have made the decision to “phase out” these types of visas when they are no longer needed.

This does not mean that American marriage visas are no longer available at all. Instead, more and more couples seek visa benefits by using the classic I-130 petition. This petition, if approved, can be used to obtain a CR1 Visa or an IR1 Visa for the spouse of an American Citizen (Lawful Permanent Residents are eligible to petition for CR1 or IR1 immigration benefits, but it generally takes longer to process such requests). Currently, it takes approximately 11-12 months to obtain an Immigrant visa for the Indonesian spouse of a US Citizen taking into account USCIS adjudication (currently taking approximately 5-6 months), NVC processing, and Consular Processing at a US Embassy or US Consulate abroad.

For related information please see: K1 Visa Indonesia or K3 Visa Indonesia.

Tags: Administrative Closure, administratively closed, American Marriage Visa, American Marriage Visa Indonesia, American Visa Indonesia, CR1 Visa, CR1 Visa Indonesia, IR1 Visa, IR1 Visa Indonesia, K1 Visa, K1 Visa Indonesia, K3 Visa, K3 Visa Indonesia, National Visa Center, NVC, US Consulate, US Embassy, US Marriage Visa, US Marriage Visa Indonesia, US Visa Indonesia, USA Visa Indonesia, USCIS
Posted in CR1 Visa, IR1 Visa, K1 Visa, K3 Visa, US Embassy Indonesia, US Embassy Jakarta, US Visa, US Visa and Immigration, USCIS | No Comments »