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K3 Marriage Visa

The K-3 visa is a two year multiple entry visa available to the spouses of US Citizens. The combined USCIS and DOS processing time is normally 8 months.

The K 3 visa was created to unite spouses more quickly than with the CR-1 visa.

Prior to the creation of the K-3 visa many American Citizens with foreign spouses correctly argued that it didn’t make sense that an American citizen with a foreign fiancée or girlfriend could obtain a visa more quickly than an American Citizen with a foreign spouse. (wife or husband)

For a very long time no action was taken to change this rather odd situation until Bill Clinton was in office. During his last few months in office, President Clinton signed the law creating the K3 visa. It then took the US Citizenship and Immigration Services and the Department of State 18 months to create the policies, procedures and forms required to implement the K 3 visa for use by American Citizen Petitioners.

To use the K 3 visa the American Citizen petitioner must first file for the CR-1 visa and receive a I-797C Notice of Action (Receipt Notice) for the filing. A copy of the I-797C must be filed with the K-3 visa petition in order for the application to be accepted.

The practical application of applying for a K-3 is often problematic. Occasionally, the USCIS fails to issue the I-797C Notice of Action, requiring follow up requests for USCIS to issue the Notice of Action. As often the USCIS will issue the I-797C Notice of Action late, after the CR-1 visa has already been approved. After the CR-1 visa has been approved the USCIS will not accept the K3 visa petition.

The CR-1 visa, while having different features than the K 3 visa, is a very good visa. During the visa application process our firm is processing not only the visa application, but also the beneficiaries green card and social security number at the same time. With the CR 1 visa there is no need to make additional applications for either the green card or social security number.

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