K-3 Visa Delays

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The forthcoming piece was written for individuals interested in the American visa process for foreign spouses of United States Citizens.

In 2010, the United States National Visa Center announced that it would be "Administratively Closing" K-3 visa applications when the K-3 visa petition is received after, or with, the underlying I-130 petition for immigrant visa benefits. This announcement meant that the K-3 visa would be effectively discontinued so long as the United States Citizenship and Immigration Service (USCIS) could continue to quickly adjudicate I-130 petitions.

Recently, the United States Citizenship and Immigration Service announced that due to errors arising from internal redistribution of caseload, adjudication of I-130 petitions (petitions for visas such as the CR-1 or IR-1) sent to the USCIS's Texas Service Center could be delayed. The United States Citizenship and Immigration Service (USCIS) is responsible for adjudicating immigration petitions. The K-3 visa was designed to provide a travel document for the spouses of American Citizens who are foreign nationals and wishing to travel to the United States to await processing of an immigration petition therein.

The travel document referred to as the K-3 visa was created pursuant to the language of the so-called "LIFE Act" enacted under President William Jefferson Clinton. In the year 2010, the National Visa Center (NVC) unilaterally decided to place K-3 visa applications in "administrative closure" if the adjudicated I-130 petition arrived prior to, or with, the K-3 application. This pronouncement made some sense at a time period when USCIS was adjudicating I-130 petitions in such a timely manner that K-3 visas were not providing utility. Under the current circumstances where the United States Citizenship and Immigration Service has admitted to causing a situation where a large number of case files have yet to receive adjudication within the estimated processing timelines it raises the question of K-3 visa petitions for such cases. Where a petitioner filed an I-130 petition and the adjudication gets delayed, the K-3 visa may be the solution to getting a foreign spouse into the USA in a timely manner.

The K-3 visa is technically a non-immigrant multiple entry spouse visa. Those admitted to the United States of America on a K-3 visa are required to either adjust their status in the USA or undergo Consular Processing outside of the USA. For those who have seen their I-130 petition fall widely outside of the estimated processing times, it may prove beneficial to at least consider the option of a K-3 visa application.

Those seeking professional assistance with the United States immigration process are well advised to contact an American attorney licensed to practice law in at least one US jurisdiction. Those claiming expertise in American immigration law should be asked to produce credentials proving licensure to practice before the highest Court in at least one US jurisdiction.