K3 Nonimmigrant Visa for a Spouse Pros vs Cons
November 29th, 2023
Like the K1 Fiance Visa, the K3 Nonimmigrant Visa for a Spouse WILL NOT allow the beneficiary to travel across US borders freely and it WILL NOT allow the beneficiary the ability to work immediately upon arrival. The K1 and K3 visa recipients will not be legally allowed to work or leave the country until receipt of green card without jeopardizing their visa status. There are legal ways to gain permission to travel freely and work but it involves time, money, more USCIS forms and applications, and it is not guaranteed. This was our biggest issue with the K1 visa in the first place.
Just as with anything and everything else, there are pros and cons to the K3 Nonimmigrant Visa for a Spouse. First, the obvious pro: Jessica and I will be able to start our life together the soonest this route. Jessica will be legally able to live here with me, however, she will lose simple freedoms that she currently has in Brazil including international travel and the ability to work. The cons are huge in my opinion: with the addition of the adjustment of status period, it will take longer overall to receive a green card then it likely would have had we simply stood by our CR1 Visa application. It will also increase the costs as there will be more fees associated with more paperwork that will come as we progress down that road although this is the least of my worries. I have not looked into the specific increase in cost as Jessica and I are both confident that we will not receive the K3 visa we applied for, however, with that said, I would gladly pay any increase in cost if that means Jessica is granted a United States green card.
“If the cons outweigh the pros, why even continue with the application?” There are three reasons:
1) it costs us nothing as the fee for filing form I-130 as a CR1 applicant covers the fee that would be required for filing form I-129F,
2) the chance that Jessica receives the K3 visa is incredibly small, and,
3) rumor is that submitting an application for a K3 visa shortly after or concurrently with the form I-130 form will make it so the review of the previously submitted form I-130 will be sooner than it initially would have been. There is content on the internet that swears this is the case and there is also other information that explains that this is nothing more than an myth.
We have the third reason on our mind.
In a perfect world, our K3 Visa would get denied but our form I-130 would be approved just a few months if not weeks after K3 Visa denial. With that said, I would of course gladly accept the USCIS granting Jessica with a K3 Visa, however, this is one of the very few scenarios where I will not be dreaming of winning the lottery.