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 K3 Marriage Visas: Consequences Of 
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Joined: Mon Sep 13, 2010 1:47 pm
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Post K3 Marriage Visas: Consequences Of
K3 Marriage Visas: Consequences Of
by: Ben Hart





The K3 visa process is somewhat cumbersome and new administrative initiatives have been announced which will likely result in bi-national couples having less control over the venue in which the foreign spouse will be interviewed.

In previous articles this author has written about the current status 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. This being said, for those couples seeking fast marriage visa benefits this efficiency could end up creating unforeseen problems.

The United States National Visa Center has stated that their personnel will "administratively close" aforementioned I-129f petitions. This could lead to an unforeseen obstacle for those bi-national couples who specifically got married in a predetermined jurisdiction in order to ensure that the foreign spouse's visa application would be processed at that jurisdiction's US Embassy or Consulate-General. Pursuant to the language of the statute creating the K3 Visa, the K3 visa application must be adjudicated by the Diplomatic of Consular Post in the foreign jurisdiction 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. Therefore, as long as the United States Citizenship and Immigration Service (USCIS) continues to process I-130 petitions quickly, it remains probable that the United States National Visa Center will continue to administratively close K3 cases and thereby forestall the previously mentioned practice of forum shopping. For those alien fiancees and spouses located in countries such as Burma (Myanmar) or the Kingdom of Cambodia this policy shift could cause unforeseen delays as both of these countries' governments can make it very difficult for a native born woman to marry a US Citizen man.

About The Author
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: http://www.integrity-legal.com or http://www.usavisathailand.com
The author invites you to visit:
http://www.integrity-legal.com





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Fri Oct 22, 2010 9:20 am
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