Why Would You Need a K-3 Nonimmigrant Attorney?
Are you a U.S. citizen married to a foreign citizen spouse? Do you want to bring your spouse to the USA? If so, the K-3 visa may be the solution you’re looking for.
We will cover everything you need about the K3 visa, including its cost, wait time, and difficulty. If you have questions about the K-3 visa or are looking for citizenship and immigration services, we are a phone call away.
What Is a K-3 Visa?
K-3 visas are nonimmigrant visas that allow the foreign citizen spouses of U.S. citizens to enter the country while their immigrant visa petitions are being processed.
The K-3 visa was designed to help shorten the time spent apart between U.S. citizens and their foreign spouses while their immigrant visa applications are processed. K3 visas typically take between 5 and 19 months to process, depending on several factors, including the time it takes the U.S. Embassy in the foreign citizen spouse’s country to process. So, in some cases, the K3 visa can take just as long as a spousal CR1 visa.
When a foreign spouse enters the U.S. on a K-3 visa, they can apply for an adjustment of status to become a lawful permanent resident.
A K-3 visa is valid for 2 years or until the I-130 application (an immigrant visa petition for an alien relative) has been approved. It can be extended as necessary while an application for an immigrant visa is pending.
Eligibility Criteria for the K-3 Visa Category
Applicants must demonstrate the following:
- They are legally married to a U.S. citizen.
- Form I-130, an immigrant visa petition filed by their US-citizen spouse and is pending approval.
- The applicant must be admissible to the United States and have never committed any crimes or violations that could disqualify them from getting a U.S. visa.
- They currently reside outside the United States at the time of the K-3 visa application.
- They have undergone a medical examination by an USCIS-approved physician and obtain the required vaccinations before the visa interview.
- They can provide an affidavit of financial support from the U.S. citizen sponsor to demonstrate financial ability to support the foreign spouse during their stay in the United States.
To determine your K-3 visa eligibility and the best path for you, contact Andrew T. Thomas, Attorneys at Law. At ATT LAW, we specialize in K-3 nonimmigrant visas and have the experience to handle every aspect of your case. Our knowledgeable lawyers can guide you through the process step-by-step, helping you prepare all the necessary documents and represent you during the visa interview. Contact us today to learn how we can help you secure your future with a K-3 nonimmigrant visa.
The K-3 Visa Application Process
Here is a step-by-step overview of the K-3 visa application process:
Step 1: Petition for Alien Relative
The U.S. citizen spouse starts the process by filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) for their foreign spouse. This form requires evidence to prove the marriage’s legitimacy, such as the marriage certificate, birth certificate(s) of any common children, and other relevant documents. If either spouse was previously married, they must provide evidence that all prior marriages have legally ended, such as divorce, annulment, or death certificates.
Step 2: Petition for Alien Fiancé(e)
While the I-130 is pending, the U.S. citizen may file Form I-129F, Petition for Alien Fiancé(e). This is not to petition a fiancé(e) but to expedite the foreign spouse’s immigration process. The I-129F petition allows the foreign spouse to apply for the K-3 visa.
Step 3: Case Transfer to the National Visa Center
After USCIS approves the I-129F petition, it is sent to the National Visa Center (NVC). The NVC will give the petition a case number and send it to the U.S. Embassy or Consulate, where the foreign spouse will apply for the K-3 visa.
Step 4: Applying for the K-3 Visa
The foreign spouse then applies for the K-3 visa at the U.S. Embassy or Consulate, which includes medical examinations, an interview, and the submission of further documents. If the foreign spouse has children under the age of 21, they may apply for K-4 visas to accompany or follow to join their parent in the U.S.
Step 5: Enter the U.S. and Register Permanent Residence
Once the foreign spouse obtains the K-3 visa, they may travel to the U.S. to live with their spouse while they wait for the I-130 petition to process. After they enter the U.S., they can file Form I-485, Application to Register Permanent Residence or Adjust Status, to become a lawful permanent resident.
What Personal Documents Must Be Submitted?
- A valid passport
- A marriage certificate
- Police clearance certificates from every country where the applicant has lived for more than six months since the age of 16
- Evidence of the relationship with the U.S. citizen spouse, including photographs, emails, and letters
Cost of Hiring a K-3 Visa Lawyer
Hiring a lawyer to assist with your K-3 visa application is optional, but many people find it helpful to have a legal professional on their side.
The cost of a lawyer can vary depending on several factors, including the lawyer’s experience and location. Contact us today and learn how much our services will cost you.
Do You Need an Attorney to Apply for a K3 Visa?
Hiring a lawyer is optional but can help navigate the application process.
Immigration law is a complex and constantly changing field. As immigration attorneys, we provide a wide range of services to clients seeking to enter or remain in the United States. Some of the other standard immigration services we offer include:
- Family-based immigration: Helping clients bring family members to the United States through various family-based visa programs.
- Employment-based immigration: Assisting employers and employees with obtaining employment-based visas, such as H-1B visas for skilled workers.
- Asylum and refugee status: Helping individuals who have fled their home countries due to persecution, violence, or other forms of harm apply for asylum or refugee status.
- Citizenship and naturalization: Helping clients apply for U.S. citizenship and navigate the naturalization process.
- Deportation defense: Representing clients facing removal proceedings and helping them fight against deportation.
- Deferred Action for Childhood Arrivals (DACA): Assisting individuals who came to the United States as children and met specific eligibility requirements to apply for DACA status.
- Temporary Protected Status (TPS): Helping individuals from countries experiencing war, natural disasters, or other emergencies apply for temporary protected status.
Do You Need Assistance? All You Have to Do Is Contact Us
If you need help with your K3 visa application, or perhaps you want to immigrate to the United States but feel overwhelmed by the process? Look no further than Andrew T. Thomas, Attorneys at Law.
Our team of experienced immigration lawyers is dedicated to providing personalized and practical solutions to your immigration needs. From green cards to work visas, we have the knowledge and experience to guide you through every step of the process.
Trust us to handle your case with care and precision, and rest assured that we will work tirelessly to achieve the best possible outcome for you.
Contact us today to schedule a consultation and take the first step toward your American dream.