Integrity Legal

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.

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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 »

Southeast Asia is a beautiful and  often visited part of the world. One of the lesser known, but highly enjoyable, destinations in Southeast Asia is the country of Laos. This small landlocked country north of the Kingdom of Thailand, the Kingdom of Cambodia, and South of the Peoples’ Republic of China has been a destination of choice for those seeking the adventure and natural beauty of tropical Asia. Some Americans who travel to Laos meet a special someone whom they wish to bring back to America. For these people, the first thing that comes to mind is: “Will my girlfriend (or boyfriend) need a US Visa?” In most cases, a visa will be necessary as the United states does not allow Laotians to come to America on the US Visa Waiver Program. Therefore, the next question for many is: “Can I get my Lao girlfriend (or boyfriend) a US Tourist Visa?” In most cases, the answer to this question is: no, but a deeper understanding of relevant immigration law may provide insight into the reason for possible denial.

Relatively few Americans are aware of a provision in the United States Immigration and Nationality Act called section 214(b). Under this section of the INA a Consular Officer adjudicating a non-immigrant visa application (like a B2 visa application, B2 is the official category for tourist visas) must presume that the applicant is an intending immigrant unless the applicant can provide strong evidence to the contrary. This creates a sort of “strong ties” vs. “weak ties” analysis whereby the Consular Officer will balance the applicant’s ties to the USA and Laos (or another country abroad). If the applicant can show strong ties to Laos and weak ties to the USA, then that applicant may be granted the tourist visa. However, in cases where a US Citizen is a significant other of the applicant such a relationship may have a negative impact upon the visa application as the relationship itself could be viewed as a “strong tie” to the USA. This should NOT be read as to imply that a relationship should not be disclosed as it is this author’s opinion that failure to disclose the existence of an American significant other could be construed as misrepresentation. That said, such a relationship could still have an adverse impact upon an applicant’s tourist visa application.

Those who wish to bring a Lao loved one back to the United states for the purposes of marriage and subsequent residence are well advised to seek either a US fiance visa (K1 visa) or a US Marriage Visa (CR1 Visa, IR1 Visa, or a K3 Visa although the K3 visa category has been effectively phased out by the National Visa Center in recent months).  That said, no one should ever enter into any type of relationship strictly as a pretext for obtaining a US Immigration benefit. Therefore, the relationship that acts as a basis for any visa application or petition ought to be bona fide and genuine.

For related information please see: US Visa Vietnamese Girlfriend or K1 Visa Laos.

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Posted in CR1 Visa, IR1 Visa, K1 Visa, K2 Visa, K3 Visa, US Embassy Laos, US State Department, US Tourist Visa, US Visa, US Visa and Immigration | 1 Comment »