Department of State's Changed Their Processing Procedures For K-3 Marriage Visas

The Department of State (DOS) recently changed its procedures as to how it processes K-3 marriage visas in conjunction with I-130 immigrant petitions. Effective as of February 1, 2010, the DOS will no longer process K-3 marriage visas if the USCIS approves the K-3 visa application with the I-130 Immigrant Petition alien relative application at the same time. The National Visa Center (NVC) will no longer process the K-3 visa if it receives application transfers from USCIS at the same time. Instead, NVC will process the immigrant visa and will contact the petitioner regarding the IR-1 or CR-1 immigrant visa.

K-3 nonimmigrant visas are marriage visas, reserved for U.S. citizen to sponsor for their alien spouses. K-3 visas allow the foreign spouse to come to the U.S. to apply for adjustment of status rather than waiting for an immigrant visa being processed abroad. In most cases, a K-3 would allow the couple to reunite much sooner than if the spouse were to wait for an immigrant visa from the U.S. Consular abroad. The reason is that the U.S. Consular office must wait the FBI background check to clear prior to issuing the immigrant visa, and depending your country of origin, the commonality of your first name and sir name, as well as the commonality of your name with known terrorists, the background check can sometimes take years.

The U.S. immigration attorneys at the Law Offices of Steven Tuan Pham suspect that the administrative decision of the DOS will be challenged in court. The reason is that the administrative decision frustrates Congressional intent under the Immigration and Nationality Act. Congress intended to allow alien spouses of U.S. citizens unite in the U.S. while waiting for their spouses’ adjustment of status application (green card application) to be approved by USCIS in the United States. If you or your family is being affected by the Department of State’s decision, please contact our U.S. immigration attorneys and our Houston immigration litigation lawyers at the Law Offices of Steven Tuan Pham a call. We can help and will file suit in U.S. District Courts, if necessary, to protect your rights under the Immigration Nationality Act and reunite you with your family. Contact our Houston immigration litigation attorneys and our U.S. immigration lawyers today at 713-517-6645 or contact us online.


The excerpts above are information taken from reliable immigration resources, including the American Immigration Lawyers Association's (AILA), USCIS', and U.S. Department of States' websites. LAW OFFICES OF STEVEN TUAN PHAM makes no warranty as to the accuracy and veracity of any such information. All interested parties must active;y do his or her own research and contact an experienced Houston Immigration Lawyer or an experienced U.S. Immigration Attorney to assist in specific questions and to resolve his or her immigration concern. You can contact one of our experienced Houston immigration attorneys and our U.S. immigration lawyers at 713-517-6645 for personal assistance. Alternatively, please complete our Contact Form and one of our U.S. immigration attorneys will contact you shortly.