| A question upon the lips of many people who | | | | This does not deal with the original question: why |
| research the K-3 marriage visa is: why do we use | | | | submit a K-1 visa application when a marriage visa |
| a different application form? | | | | is being sought? Put simply, it was probably |
| The K3 visa was initially designed as a way of | | | | simpler and less expensive to use the I-129f |
| getting spouses of American citizens to the United | | | | application form rather than create a completely |
| States in as fast a manner as possible. Back | | | | new document to be used exclusively for the K3 |
| when the United States Citizenship and | | | | marriage visa. |
| Immigration Service was referred to as the | | | | For those uninitiated in dealing with the United |
| Immigration and Naturalization Service (INS), the | | | | States Citizenship and Immigration Service, filing |
| classic I-130 application for an IR-1 or CR-1 | | | | the proper paperwork is critical to obtaining an |
| Immigrant Spouse visa took as long as three | | | | approval from the officers working for the |
| years to adjudicate. This situation resulted in a | | | | Service. Also, depending upon the visa being |
| massive backlog of petitions and is likely a reason | | | | sought, the analysis differs. Therefore, the burden |
| underlying INS's reshuffle. | | | | of proof may be different if one is seeking a |
| When filing for a marriage visa, the first phase is | | | | fiance visa versus a marriage visa. |
| filing an I-130 petition. Should the couple decide to | | | | It should always be remembered: lying to the |
| apply for a faster visa, then they can submit an | | | | United States government is not an effective |
| application to USCIS. This phase can only occur | | | | means of getting a US visa. An approach such as |
| after the initial petition has been received by the | | | | this could result in a finding of legal inadmissibility |
| proper Immigration office. | | | | and therefore cause more work, delay, and hassle |
| In some ways the K3 visa (supplemental marriage | | | | in order to ultimately obtain the visa. |
| visa) is similar to the V visa, which was designed | | | | (Please note that nothing contained herein should |
| to break the logjam of cases involving family | | | | be utilized as a substitute for legal advice. One |
| members of those lawfully resident in the United | | | | should always contact an attorney for |
| States of America. At the time of this writing, the | | | | personalized legal consultation. A lawyer-client |
| "V" visa category is being used less and less often | | | | relationship should not be assumed to exist |
| because the statutory provision is effectively | | | | between the writer of this article and any reader. |
| sun-setting. | | | | |