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Posts Tagged ‘CR1 Visa Cambodia’
19th March 2020
It now appears that all visa services provided to foreign nationals at American Embassies and Consulates abroad have been suspended. In a recent article from Reuters, the following was reported:
The United States is suspending all routine visa services as of Wednesday in most countries worldwide due to the coronavirus outbreak, a spokeswoman for the State Department said, an unprecedented move that will potentially impact hundreds of thousands of people…The State Department spokeswoman said U.S. missions abroad will continue to provide emergency visa services “as resources allow,” and that the services to U.S. citizens will remain available.
Concurrently, the following message was issued by the US Embassy in Thailand:
Information for Immigrant Visa applicants regarding novel coronavirus: As of March 19, 2020, the United States Embassy and Consulate in Thailand are cancelling Immigrant Visa appointments until further notice. We will resume routine Immigrant Visa services as soon as possible but are unable to provide a specific date at this time. Once we resume Immigrant Visa operations, we will contact you with a new appointment date. Applicants who had their Immigrant Visa interviews cancelled due to the cessation of operations will be given first priority for rescheduling.
Meanwhile, it now appears that all intending entrants to Thailand will be required to present a medical certificate prior to boarding a plane for Thailand. To quote directly from a recent article in the Bangkok Post:
The Civil Aviation Authority of Thailand now requires all air passengers, Thai and foreign, to show Covid-19-free health certificates and Covid-19 insurance before boarding their flights to Thailand…Airlines must require passengers to present health certificates issued no more than 72 hours before the flight departs. The certificates must guarantee that the passengers are free of Covid-19, regardles where they board. Airlines must also require that passengers have insurance covering Covid-19 treatment in Thailand, up to at least US$100,000.
We will keep this blog updated as the situation evolves.
1st March 2020
In recent months, both Thai and American immigration systems have been in a state of flux. In some ways the systems have become more streamlined, but in other ways it is becoming more difficult to navigate these systems. The Trump administration has been implementing policies which make immigration to the United States more difficult, as a practical matter. Recently, these prerogatives are starting to have an impact on the ground in Thailand, Laos, Cambodia, and ASEAN as a whole. For example, Myanmar has been placed upon a list of countries banned from traveling to the USA. As a result, Myanmar nationals will not be able to enter the USA, nor will such nationals be granted visas to travel to the USA. If and/or when this ban will be lifted remains to be seen.
Meanwhile, there has been a great deal of discussion surrounding the administration’s implementation of new public charge rules in relations to immigrant visas for the USA. It is clear that there will be a direct impact upon those who are seeking family based immigrant and non-immigrant visas to the United States. For example, those seeking a CR-1 visa or an IR-1 visa will need to deal with the DS-5540 Public Charge Questionnaire when undertaking Consular Processing of their cases at the US Embassy or US Consulate in the jurisdiction in which the applicants reside. Concurrently, it is also clear that those who travel to the United States on a K-1 visa or a K-3 visa will need to deal with the I-944 form as part of the implementation of public charge adjudication during adjustment of status to lawful permanent residence (a.k.a. “Green Card” status”).
A question posed to this blogger recently: When seeking a K visa abroad, will I need to fill out a DS-5540? The answer to this question is not overly clear at first glance. This blogger did some research and came upon the following information in the Foreign Affairs Manual:
9 FAM 302.8-2(B)(4) (U) Applying INA 212(a)(4) to Nonimmigrants
d. (U) Alien Seeking Admission as K Nonimmigrants: K nonimmigrants and their petitioners are not permitted to complete form I-864. You may request a K applicant complete Form DS-5540 to assist in evaluating likelihood of becoming a public charge. Note that K applicants will again be assessed under the public charge ineligibility by USCIS at the time of adjustment of status where the K nonimmigrant seeking adjustment of status will be required to submit a Form I-864.
It is clear that non-immigrant visas are not the same thing as immigrant visas, but K visas are an odd hybrid creature in the immigration world and their posture in these matters can be somewhat fluid. Note that the FAM states the adjudicating officer “may request a K applicant complete Form DS-5540,” but it is not required. Meanwhile, it goes on to note that the applicant is not allowed to file an I-864 and that the issue of public charge we be adjudicated again at the adjustment of status phase of the process. Is this wording designed to allow American Embassies and Consulates leeway to not require K visa applicants to file a DS-5540? Perhaps, the practical implications of the public charge rule at the US Embassy in Thailand, Laos, and Cambodia remain to be personally witnessed by this blogger, but rest assured as soon a there is further clarification we will follow up on those developments.
6th December 2017
ទិដ្ឋាការប្រភេទរៀបការសំរាប់ពលរដ្ឋកម្ពុជាទៅរស់នៅសហរដ្ឋអាមេរិក
Posted by : admin
Khmer language translation of video found here: ទិដ្ឋាការប្រភេទរៀបការសំរាប់ពលរដ្ឋកម្ពុជាទៅរស់នៅសហរដ្ឋអាមេរិក
សួស្ដី! ខ្ញុំឈ្មោះ Benjamin Hart ។ ខ្ញុំគឺជាមេធាវី និងជានាយកគ្រប់គ្រងនៃក្រុមហ៊ុនIntegrity Legal នៅក្នុងទីក្រុងបាងកកនៃប្រទេសថៃ ។
នៅក្នុងវីដេអូថ្ងៃនេះ យើងនឹងពិភាក្សាអំពីទិដ្ឋាការប្រភេទរៀបការ ដោយផ្តោតទៅលើបរិបទនៃស្ថានទូតសហរដ្ឋអាមេរិកប្រចាំនៅរាជធានីភ្នំពេញនៃប្រទេសកម្ពុជា ។
ដូចដែលយើងបានលើកឡើងខាងលើ យើងស្ថិតនៅក្នុងទីក្រុងបាងកក ។ ខ្ញុំគឺជាមេធាវីជនជាតិអាមេរិកាំង ប៉ុន្តែក្រុមហ៊ុនរបស់យើងគឺស្ថិតនៅក្នុងទីក្រុងបាងកក ។ ការងាររបស់យើងជាច្រើនដែលពាក់ព័ន្ធនឹងការធ្វើអន្តោប្រវេសន៍ទៅកាន់សហរដ្ឋអាមេរិក គឺកើតឡើងនៅជុំវិញទីក្រុងបាងកក និងការិយាល័យកុងស៊ុលនៃស្ថានទូតសហរដ្ឋអាមេរិក ហើយជាពិសេស សំណុំរឿងរបស់យើង គឺនឹងត្រូវបញ្ចប់នៅក្នុងកុងស៊ុលនៃស្ថានទូតសហរដ្ឋអាមេរិកនៅទីនេះ ។ ជាមួយគ្នានេះ យើងក៏ទទួលយកសំណុំរឿងផ្សេងៗនៅក្នុងតំបន់ផងដែរ ។ ខ្ញុំបានរត់ការសំណុំរឿងផ្សេងៗទាំងនោះញឹកញាប់គួរសមដែរ ។ បើនិយាយអោយជាក់លាក់ទៅ កម្ពុជាគឺប្រទេសមួយដែលខ្ញុំបានធ្វើការជាមួយញឹកញាប់ជាងគេនៅក្នុងតំបន់នេះ ។ ខ្ញុំគិតថា វាអាស្រ័យទៅលើឆ្នាំផ្សេងគ្នា ។ ប៉ុន្តែយើងបានពិភាក្សាអំពី ទិដ្ឋាការប្រភេទ K-1 នៅក្នុងវីដេអូផ្សេងមួយទៀត ដែលជាទិដ្ឋាការប្រភេទគូដណ្ដឹង ។ នៅក្នុងវីដេអូនេះ យើងនឹងពិភាក្សាជាពិសេសអំពីទិដ្ឋាការប្រភេទរៀបការ ។ ដូច្នេះក្នុងពេលនេះ ខ្ញុំនឹងនិយាយអំពីទិដ្ឋាការប្រភេទ CR-1, IR-1 ឬ K-3 ។ មានវីដេអូមួយផ្សេងទៀតនៅក្នុងទំព័រនេះ ដែលនិយាយជាពិសេសអំពីទិដ្ឋាការប្រភេទ K-3 ហើយខ្ញុំនឹងទុកអោយវីដេអូនោះពិភាក្សាលំអិត ឬជាក់លាក់អំពីទិដ្ឋាការនេះ ។ ទោះបីជាយ៉ាងណាក៏ដោយ ទិដ្ឋាការប្រភេទ CR-1 និង IR-1 ដែលទិដ្ឋាការប្រភេទ CR-1 គឺប្រភេទអ្នករស់នៅជាអចិន្ត្រៃយ៍ដោយមានលក្ខខ័ណ្ឌ និង IR-1 ជាប្រភេទសាច់ញាតិផ្ទាល់ ហើយអ្នកដែលចូលទៅកាន់សហរដ្ឋអាមេរិកតាមទិដ្ឋាការប្រភេទ IR-1 គឺជាអ្នករស់នៅជាអចិន្ត្រៃយ៍ដោយស្របច្បាប់ដោយមិនមានលក្ខខ័ណ្ឌ ដែលខុសពីអ្នករស់នៅជាអចិន្ត្រៃយ៍ដោយស្របច្បាប់តែមានលក្ខខ័ណ្ឌ ។ និយាយជារួម គឺខ្ញុំនិយាយអំពីជនបរទេស ដែលបានរៀបការ ហើយខ្ញុំនិយាយជាពិសេសអំពីពលរដ្ឋខ្មែរ ដែលរៀបការជាមួយនឹងពលរដ្ឋអាមេរិក ។ ទោះបីជាការវិភាគនេះអាចយកទៅអនុវត្តបានចំពោះអ្នករស់នៅជាអចិន្ត្រៃយ៍ដោយស្របច្បាប់នៅក្នុងសហរដ្ឋអាមេរិកដែលមានបំណងចង់យកប្ដីឬប្រពន្ធជនជាតិខ្មែររបស់ពួកគេទៅកាន់សហរដ្ឋអាមេរិកក៏ដោយ ក៏ប៉ុន្តែខ្ញុំនឹងព្យាយាមនិយាយតែអំពីពលរដ្ឋអាមេរិក ដែលមានបំណងចង់យកប្ដីឬប្រពន្ធជនជាតិខ្មែររបស់ពួកគេទៅកាន់សហរដ្ឋអាមេរិកតែប៉ុណ្ណោះ ។
ដូចនេះ អ្វីដែលត្រូវគិតពាក់ព័ន្ធនឹងពលរដ្ឋខ្មែរដែលចង់ដាក់ពាក្យសុំទិដ្ឋាការប្រភេទរៀបការដើម្បីទៅរស់នៅសហរដ្ឋអាមេរិក គឺថាវាគឺជាដំណើរការដែលមាន៣ផ្នែក ដែលអ្នកត្រូវតែចាប់ផ្ដើមដោយរត់ការដាក់ពាក្យនៅក្រសួងសន្តិសុខមាតុភូមិ និងភ្នាក់ងារសេវាអន្តោប្រវេសន៍ និងពលរដ្ឋអាមេរិក ។ បន្ទាប់មកទៀត អ្នកត្រូវពាក់ព័ន្ធជាមួយនឹងមជ្ឈមណ្ឌលទិដ្ឋាការជាតិ ដែលនៅក្នុងបរិបទទិដ្ឋាការអន្តោប្រវេសន៍ប្រភេទប្ដីឬប្រពន្ធ មជ្ឈមណ្ឌលទិដ្ឋាការជាតិមានតួនាទីផ្សេងពីតួនាទីរបស់ខ្លួនពាក់ព័ន្ធនឹងទិដ្ឋាការប្រភេទ K គឺប្រភេទ K-1 និង K-3 ។ នៅក្នុងសំណុំរឿងសុំទិដ្ឋាការប្រភេទ K-1 និង K-3 ដែលក្នុងករណីទាំងនោះទិដ្ឋាការប្រភេទ K-3 ត្រូវបានសំរេចយល់ព្រម នោះមជ្ឈមណ្ឌលទិដ្ឋាការជាតិគ្រាន់តែដើរតួជាទីកន្លែងលាងសំអាតឯកសារ ឬកន្លែងបញ្ជូនឯកសារ ដើម្បីធានាអោយប្រាកដថាសំណុំរឿងនោះចាកចេញពីភ្នាក់ងារ USCIS ទៅកាន់ស្ថានទូតក្រៅប្រទេសដែលសមស្រប ។ ពាក់ព័ន្ធនឹងទិដ្ឋាការអន្តោប្រវេសន៍ទៅរស់នៅសហរដ្ឋអាមេរិក វិសាលភាពនៃការងាររបស់មជ្ឈមណ្ឌលទិដ្ឋាការជាតិគឺមានលក្ខណៈទូលំទូលាយ ។ ពួកគេធ្វើការប្រមូលឯកសារជាច្រើន ពួកគេនឹងទាក់ទងទៅអ្នកដាក់ពាក្យប្រសិនបើពួកគេមានអារម្មណ៍ថាខ្វះឯកសារណាមួយ ឬពួកគេមានអារម្មណ៍ថាត្រូវការពត៌មានចាំបាច់បន្ថែមទៀត ។ នៅក្នុងវីដេអូមួយផ្សេងទៀតនៅក្នុងទំព័រនេះយើងបានពិភាក្សាអំពីអ្វីដែលគេហៅថា និតិវិធីនៃការត្រួតពិនិត្យដ៏ខ្លាំងបំផុតរបស់រដ្ឋបាលប្រធានាធិបតី Trump ក្នុងពេលឥឡូវនេះ ។ ខ្ញុំមិនដឹងដែរ ហើយខ្ញុំក៏មិនទាន់បានឃើញការត្រួតពិនិត្យដ៏ខ្លាំងបំផុតណាមួយត្រូវបានធ្វើឡើងនៅមជ្ឈមណ្ឌលទិដ្ឋាការជាតិនៅឡើយទេ ប៉ុន្តែខ្ញុំអាចមើលឃើញថានៅក្នុងពេលណាមួយនៅថ្ងៃអនាគត មជ្ឈមណ្ឌលទិដ្ឋាការជាតិនឹងអនុវត្តនិតិវិធីនៃការត្រួតពិនិត្យដ៏ខ្លាំងបំផុតនេះ ។ ទោះបីជាយ៉ាងណាក្ដី ពួកគេមានតួនាទីយ៉ាងសកម្មក្នុងសំណុំរឿងទិដ្ឋាការអន្តោប្រវេសន៍ ។ នៅពេលដែលមជ្ឈមណ្ឌលទិដ្ឋាការជាតិយល់ថាឯកសារមានគ្រប់គ្រាន់ហើយ ពួកគេនឹងបន្តដំណើរការសំណុំរឿងទៅកាន់ស្ថានទូតសហរដ្ឋអាមេរិកប្រចាំនៅរាជធានីភ្នំពេញ ហើយថ្ងៃសំភាសនឹងត្រូវកំណត់នៅស្ថានទូត ។ នៅពេលសំភាស មានរឿងជាច្រើនដែលអាចកើតឡើង ដែលមានដូចជាអ្វីដែលគេហៅថាសំណើ 221-G ដើម្បីស្នើសុំអោយបេក្ខជនដាក់ឯកសារបន្ថែម ដែលមន្ត្រីដែលធ្វើការសំភាសចង់ឃើញពាក់ព័ន្ធនឹងករណីនោះ ។ ជាទូទៅ បន្ទាប់ពីមានការត្រួតពិនិត្យពីមជ្ឈមណ្ឌលទិដ្ឋាការជាតិហើយ ការស្នើសុំឯកសារបន្ថែមនេះមិនសូវជាមានញឹកញាប់ទេ ប៉ុន្តែវាអាចកើតឡើងបាន ។ ខ្ញុំមិនគួរនិយាយថាវាកំរកើតឡើងនោះទេ ។ នៅក្នុងករណីទិដ្ឋាការប្រភេទ K-1 វាអាចកើតឡើងជាញឹកញាប់ ដោយសារតែស្ថានភាពនីមួយៗគឺផ្សេងៗគ្នា ។ ទិដ្ឋាការប្រភេទរៀបការ ហាក់ដូចជាមានភាពច្បាស់លាស់ និងងាយយល់ ហើយខ្ញុំគិតថាវាជារឿងដែលត្រឹមត្រូវក្នុងការមើលទៅលើករណីនេះតាមបែបហ្នឹង ។ ប៉ុន្តែអ្វីដែលខ្ញុំចង់និយាយនៅពេលនេះគឺថា មជ្ឈមណ្ឌលទិដ្ឋាការជាតិនឹងកំណត់ថ្ងៃសំភាស ហើយកាលកំណត់នោះនឹងត្រូវបញ្ជូនទៅ កាន់ស្ថានទូតនៅរាជធានីភ្នំពេញ បន្ទាប់មកអ្នកត្រូវតែចូលសំភាស ។ ជារឿយៗ យើងធ្វើការត្រៀមសំភាសជាមួយអតិថិជនរបស់យើង ដើម្បីអោយពួកគេមានការយល់នូវអ្វីដែលមន្ត្រីកុងស៊ុល អាចនឹងចង់ដឹងពាក់ព័ន្ធនឹងពាក្យសុំ ឬពាក់ព័ន្ធនឹងចំណុចជាក់លាក់ណាមួយនៃអ្នកដែលដាក់ពាក្យសុំ ។ រឿងផ្សេងទៀតដែលយើងធ្វើគឺផ្ដល់នូវការយល់ដឹងខ្លះៗពាក់ព័ន្ធនឹងនិតិវិធីដែលសំណុំរឿងនឹងត្រូវដំណើរការនៅស្ថានទូត ។
ជារួម ខ្ញុំគិតថាវិធីមើលទៅលើដំណើរការទូទៅនៃការដាក់ពាក្យសុំទិដ្ឋាការអន្តោប្រវេសន៍ទៅរស់នៅសហរដ្ឋអាមេរិកគឺដូចនេះ៖ វាចាប់ផ្ដើមនៅក្រសួងសន្តិសុខមាតុភូមិនៃសហរដ្ឋអាមេរិក ហើយបន្តទៅមជ្ឈមណ្ឌលទិដ្ឋាការជាតិដែលខុសពីទិដ្ឋាការប្រភេទ K មជ្ឈមណ្ឌលទិដ្ឋាការជាតិ មានតួនាទីយ៉ាងសកម្មក្នុងដំណើរការនេះ ហើយបន្ទាប់មកវានឹងត្រូវបញ្ជូនទៅកាន់ស្ថានទូតសហរដ្ឋអាមេរិកប្រចាំនៅរាជធានីភ្នំពេញ ។ នៅពេលនោះ ការសំភាសនឹងត្រូវធ្វើឡើង ហើយឯកសារបន្ថែមផ្សេងៗអាចនឹងត្រូវស្នើសុំ ដែលអ្នកនឹងត្រូវ រកឯកសារដើម្បីដាក់ជូនទៅកុងស៊ុលមុនពេលដែល ទិដ្ឋាការអាចនឹងត្រូវសំរេចយល់ព្រមចេញអោយអ្នកនៅចុងបញ្ចប់ ។
21st November 2017
Information Regarding American Marriage Visas From Cambodia
Posted by : admin
The following is a transcript of a video which can be found here: US Marriage Visa Cambodia
In this video today, we are going to be discussing marriage visas in the specific context of the US Embassy in Phnom Penh, Cambodia.
As you can see from the aforementioned preamble to this video, we are based here in Bangkok. I am an American attorney but the firm is based here in Bangkok. The bulk of our work in US immigration matters does revolve around Bangkok and the Consular section of the US Embassy here primarily our cases that are going to end up at the US Consular Section here. That being said, we do take other cases in the region, I do deal with a fair number of these rather frequently. Cambodia is one I deal with probably more often than any other country in the region if I ‘m being very specific. It kind of depends on the year, I guess. But that being said, the K-1, we discussed specifically in another video, that’s a fiancée visa. In this video, we are discussing US marriage visas specifically. So for now, I’m talking about the CR-1, IR-1 or the K-3 visa. There’s another video on this channel which goes specifically into the K-3 visa and I am going to sort of leave it to that video to discuss that directly if there’s specific things to think about with respect to the K-3. But suffice it to say, the CR-1 and the IR-1, CR-1 is Conditional Resident category, IR-1 is Immediate Relative and the person that enters on an IR-1 enters in unconditional lawful permanent residence as opposed to conditional lawful permanent residence to the United States. Generally speaking, I am talking about foreign nationals married, and I am specifically talking about Khmer, Cambodian Nationals married to an American citizen. Although some of this analysis could apply to a lawful permanent resident in the United States trying to bring their Cambodian spouse over as well but I’m going to try to keep it more on point with respect to an American citizen, seeking to bring a Cambodian female or male spouse to the United States.
So the thing to think about with respect to Cambodian nationals applying for marriage visa benefits to the US, it’s kind of a 3 part process in so far as you have to initially deal with the Department of Homeland Security and their United States Citizenship and Immigration Service apparatus. Then you have got to go ahead and deal with the National Visa Center which in the context of Immigrant Spousal Visas, the National Visa Center is a very different animal than when you compare it to the K categories, the K-1 and the K-3. In the K-1 and the K-3 cases, in those cases where the K-3 gets processed through, in a way NVC just acts as a sort of clearing house or sort of a postal hub, if you will, to make certain that the case gets from USCIS over to the correct embassy abroad. With respect to US Immigrant visas the NVC’s job is much more broad in scope, and depth for that matter. They do a lot of document collection, they will do follow ups if they feel there’s a document deficiency or they feel that more information is necessary. In another video on this channel we discussed the so called extreme vetting protocols of the Trump Administration right now. I don’t know, specifically I haven’t seen anything with extreme vetting happen yet at NVC but I can see theoretically, sometime in the future, extreme vetting protocols may pertain directly to NVC at some point as well. But that being said, they have a much more active role in the immigrant visa cases. Once they are satisfied documentarily at National Visa Center, they will then go ahead and process the case out over to the embassy in Phnom Penh and an interview date will be set at the embassy. At the interview, things can happen like what are called the 221-G request for further documentation where basically the interviewing officer determines that they would like to see something more with respect to the case. Generally speaking, after an NVC vetting, this isn’t very frequent, but it does happen. I shouldn’t say that it’s infrequent. In K-1s, it can happen quite frequently because the circumstances are different. Marriage visas, the cases tend to be more clear-cut, I guess is the right way to look at it. But that being said, basically the point I want to get across is, NVC will set that interview appointment, it will get over to the embassy in Phnom Penh and you have got to get in for an interview. We oftentimes do an interview prep with our clients so that they have an understanding, generally speaking, what the officer is probably going to want to know regarding the application or regarding the specifics of the person making the application and the other thing is we provide some insight with respect to the protocols for how the case is going to be taken in and dealt with at the post.
So to sort of sum up, I think the way to look at the overall process of applying for a US immigrant is this: it starts in the United States with the Department of Homeland Security, it moves over to the NVC which unlike the K categories, the NVC has a very active role in this process and then finally, it’s going to end up at the US Embassy at Phnom Penh and at that point the interview is going to take place and it’s possible more documentation could be requested and you may have to deal with a follow on submission before hopefully, the visa is ultimately approved.
21st November 2017
K-3 Marriage Visas From Cambodia
Posted by : admin
The following is a transcript of the video which can be found here: K-3 Visas from Cambodia.
In this video today, we are going to specifically discuss one visa that is sort of an interesting little niche visa, the K-3 visa, in the specific context of a Khmer, Cambodian national who would be seeking that in connection with marriage to a US citizen. Let’s be clear, you have got to be married to a US citizen in order to apply for a K-3.
First things first. As previously noted in my preamble, we’re located here in Bangkok. We do deal with a large number of Thai cases but being fairly geographically close to Cambodia, over the years we’ve done a fair number of Cambodian cases or cases that arise with a Cambodian national, a Khmer national involved. That being stated, it should be noted that the K-3 is an interesting animal.
To provide a little background on what the K-3 visa is. The K-3 visa was created pursuant to the provisions of the LIFE act created under the Clinton presidency and it was created at a time when the back log associated with spousal visas, CR-1 and IR-1, and there’s another video on this channel specific to CR-1 and IR-1 visas, in Cambodia. Basically, at the time, it was taking multiple years to get finalized Department of Homeland secure the approval of the petition for marriage visas. Meanwhile, at the same time it was like 6 or 7 months, 8 months to get a fiancée visa petition approved. So you ended up with the sort of counter intuitive situation where fiancées were moving through the system more quickly than spouses and it should be noted that from a legal perspective there is no qualitative difference as far as the law is concerned, specifically Immigration law is concerned, with respect to a fiancée versus a spouse; from a legal standpoint they’re treated the same way. From an administrative standpoint, they just had a high back log of marriage visas or marriage petitions, for whatever reason, were they were processing K-1s more efficiently or they just had a lower case load, I don’t know what the deal was, but at the time it was taking multiple years to get a petition for marriage to an American citizen process through and meanwhile it was taking a matter of months for fiancées. So what happened is they created this K-3 category and the K-3 category was created, basically they said “look if you have got a petition on file for a spousal visa benefits in the normal manner, the CR-1 or IR-1 category basically, you can take that filing and do a duplicative version of that and go ahead and file for this K-3 category. You just go ahead and file it again through the K line. That’s basically what they did. They just took these marriage visa cases and said – Okay, it’s been filed, you have got to prove it’s filed and you put it in the line that was processing for fiancées so what ended up happening is K-3 has kind of become the ubiquitous term for a US marriage visa but in point of fact, the traditional methodology of bringing someone into the United States is through a CR-1 or IR-1 visa. The K-3 just sort of became rather common place in the lexicon of these matters because people got used to dealing with K-3s because that was effectively the way to get your spouse into the United States. It’s interesting because K-3 still requires adjustment of status to lawful permanent residence. Those of you who are interested in learning about that, in order to get a green card you have to undergo the adjustment of status process and I urge you to take a look at the video that specifically discusses the adjustment of status process on this channel, but something to bring up with respect to K-3s in the present context. Although they may be useful under present processing conditions, in the past there was an administrative ruling, it was a policy of administrative closure that was undertaken by the National Visa Center whereby they basically said – “Look, the K-3 was created for these situations where basically a marriage visa, an immigrant visa case got lost in the back log of USCIS. Not lost but stuck in the back log of USCIS. So if we got the K-3 position first we will process through on the K-3. But if we get the petition for the Immigrant Spouse Visa first, we’re going to process the Immigrant Spouse Visa benefits. We’re going to disregard the K-3”. This is important because NVC’s function is qualitatively different in an immigrant visa context that it is in a K Visa context. The K Visa context, NVC just shoots the case on to the embassy in question and the embassy sort of deals with all the nuts and bolts of the consular processing. In an immigrant visa context, the NVC process is slower because NVC deals with the nuts and bolts of document intake and in a way, I won’t say, adjudication but sort of pre vetting to make sure that they have generally what they need to go ahead and continue to process and get an interview scheduled. So in a way, the K-3 may still, if you can go ahead and get one through, the K-3 may still process more quickly compared to an immigrant visa but it’s my understanding that NVC still maintains the policy of administrative closure, where they get the immigrant case first and now processing of immigrant matters, immigrant spouse matters of American citizens, has reduced significantly. USCIS, to their credit, took significant substantial steps to make their process more efficient and they streamlined it, and I think they got more staff and things to deal with those matters and they put more resources on getting those cases processed, and as a result, in a way the K-3 is, I won’t say it’s obsolete, but its original reason for being there is not quite so pressing as it was at the time that it was created. And for that reason, I think it’s very probable that you are going to see fewer and fewer K-3 visas being processed in Cambodia or elsewhere.
18th March 2011
It recently came to this blogger’s attention that the Cambodian government has changed some of the regulations regarding registration of marriage in that Kingdom. To quote directly from a recent posting on the blog United Khmer:
MALE foreigners over the age of 50 have been outlawed from marrying Cambodian women in the country under new rules designed to crack down on sham marriages and human trafficking, the government said today.
Human trafficking is a serious issue in many Asian nations including those comprising the Association of Southeast Asian Nations (ASEAN). The posting went on to further note:
Foreigners who earn less than $2,580 per month are also barred from wedding local women, foreign ministry spokesman Koy Kuong told AFP, but the restrictions do not apply to weddings taking place overseas.
It would seem as though the Cambodian government is also attempting to make rules in an attempt to ensure that those Cambodian women marrying foreign men are more likely to be materially provided for.
It is increasingly common for both men and women from the United States of America to travel to Southeast Asian nations such as Cambodia, Thailand, Indonesia, Vietnam, Myanmar (Burma), Laos, Malaysia, and Singapore for both business matters and pleasure. In some cases, American Citizens traveling abroad meet someone special and decide to bring their loved one back to the United States. Under such circumstances, it will likely be required that the foreign loved one obtain a United States visa.
Depending upon the unique facts of each given case couples may opt to apply for a US fiance visa (officially classified as a K-1 visa) or a spousal visa such as a CR-1 visa or, less commonly, a non-immigrant K-3 visa. Those couples who have been married for more than 2 years at the time of their admission to the United States are likely to see the prospective immigrant spouse admitted into the USA in IR-1 visa status.
The immigration process is a different experience for each couple and as the process evolves it also constantly changes. For this reason (likely amongst many others) some couples opt to retain the assistance of a professional to provide insight into the protocols associated with United States immigration. Under those circumstances, those seeking advice and counsel are well advised to ascertain the credentials of anyone claiming to be an American attorney as only a licensed attorney from the United States is permitted to practice United States Immigration law.
For related information please see: US tourist visa.
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