PHAM & CLOVES, PLLC

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

Starting February 1, 2010, the Department of State (DOS) changed its procedures as to how it processes K-3 marriage visas in conjunction with I-130 immigrant petitions. Effectively, 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), a private company that processes immigrant applications and transfer these applications to the U.S. consular offices abroad, 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 spouses to come to the U.S. to apply for adjustment of status rather than waiting for an immigrant visa to be processed abroad at the U.S. Consular Office. 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 offices. In processing an immigrant visa, the U.S. Consular officer must wait the FBI background check to clear prior to issuing the immigrant visa. Depending your country of origin and the commonality of your name, the background check usually takes months and sometimes even years.

The Houston immigration attorneys at Pham & Cloves, PLLC suspect that the administrative decision of the DOS will be challenged in federal court. The reason is that the administrative decision frustrates Congressional intent in enacting K-3 marriage visas 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 Pham & Cloves 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 713-492-0337 or contact us online.