K-3 Spouse Visa
Immigration law allows the alien spouse of a U.S. citizen and his or her minor children to be admitted to the United States as nonimmigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative. It also allows them to obtain employment authorization while they are waiting.
To be eligible for a K-3 nonimmigrant visa, an individual must:
- Be married to a U.S. citizen
- Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf
- A child may be eligible for a K-4 visa if:
- He or she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant
Note: In order for a K-4 who is a step-child of a USC to immigrate as a relative of the USC step-parent (whether through adjustment of status in the United States or an immigrant visa abroad) the marriage between his or her parent and the USC must have occurred before his or her 18th birthday.
Before applying for a K-3 nonimmigrant visa, please read and understand the limitations of the K-3/K-4 nonimmigrant visa described below.
To obtain a K-3 nonimmigrant visa for your spouse, you (the U.S. citizen petitioner) must file two petitions with USCIS on his or her behalf.
Form I-130: First, file a Form I-130 on behalf of your non-citizen spouse with the Chicago Lockbox. You will then receive a Form I-797, Notice of Action, indicating that USCIS has received the Form I-130. Note: Form I-130 does not need to be filed on behalf of the child of a K-3 beneficiary in order to obtain a K-4 visa. Form I-130 does, however, need to be filed on behalf of the child of a K-3 beneficiary in order for the child to be eligible for permanent resident status.
Form I-129F, Petition for Alien Fiancé(e): Next, file Form I-129F on behalf of your non-citizen spouse with the Dallas Lockbox after filing Form I-130. Include a copy of the I-797, Notice of Action, indicating that USCIS has received your Form I-130, on behalf of your non-citizen spouse. There is no fee when filing a Form I-129F for a non-citizen spouse (K-3). If your non-citizen spouse has any minor children seeking K-4 nonimmigrant visas, they should be listed on the I-129F filed on your spouse’s behalf.
If approved, USCIS will forward the I-129F to the U.S. Department of State for consular processing. Then the non-citizen spouse and any minor children will then need to apply to the U.S. Department of State for the K-3 or K-4 nonimmigrant visa.
How we can help you:
At the Law Office of Moona Shakil, an experienced senior attorney would help preparing your K-3 Spouse Visa Application. Our immigration attorney would consult with you to discuss your options. Our mission is to provide prompt, high quality legal services to benefit the lives of our clients. We handle almost all types of immigration visas, and our attorneys understand that communication is a key to success. You need confidence that your lawyer understands your problem and is working with you to achieve results. Call us to find out how we provide superior service to our clients.
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