A question upon the lips of many folks who exploration the K-3 marriage visa is: why do we use a various request kind?
The K3 visa was at first created as a way of obtaining spouses of American citizens to the United States in as rapid a method as feasible. Back when the United Says Citizenship and Immigration Support was referred to as the Immigration and Naturalization Assistance (INS), the classic I-130 app for an IR-1 or CR-one Immigrant Spouse visa took as long as three years to adjudicate. This circumstance resulted in a massive backlog of petitions and is probably a motive underlying INS's reshuffle.
When filing for a union visa, the 1st phase is filing an I-130 petition. Should the couple choose to apply for a faster visa, then they can submit an request to USCIS.
This phase can only happen following the initial petition has been received by the right Immigration office.
In some techniques the K3 visa (supplemental union visa) is similar to the V visa, which was created to break the logjam of instances involving household members of individuals lawfully resident in the United Says of America.
At the time of this writing, the "V" visa category is becoming utilized a lesser amount of and much less generally simply because the statutory provision is efficiently sun-setting.
This does not deal with the original issue: why submit a K-one visa application when a marriage visa is getting sought? Set merely, it was possibly simpler and a lesser amount of pricey to use the I-129f app type rather than produce a entirely new document to be employed exclusively for the K3 relationship visa.
For all those uninitiated in dealing with the United Says Citizenship and Immigration Assistance, filing the correct paperwork is essential to acquiring an approval from the officers operating for the Provider. Also, depending upon the visa becoming sought, the analysis differs. Consequently, the burden of proof may perhaps be different if 1 is looking for a fiance visa versus a marriage visa.
It ought to usually be remembered: lying to the United States government is not an successful means of receiving a US visa.
An strategy such as this could result in a finding of legal inadmissibility and as a result trigger more function, delay, and hassle in order to eventually obtain the visa.
(Please note that practically nothing contained herein really should be utilized as a substitute for legal guidance.
Just one must constantly contact an attorney for personalized legal consultation.
A lawyer-client relationship must not be assumed to exist in between the writer of this article and any reader.)