One of the most important principles in U.S. immigration law is family unification. The K-3 visa is one way that you can be united with your spouse who is an American citizen, and you can eventually obtain a “green card”, which permits you to reside permanently in the U.S..
We assist U.S. citizen and foreign spouses become united in the United States along with their dependent family members through use of the K-3 and K-4 visas. We prepare the paperwork, guide them through the ever-changing rules, regulations and definitions, coordinate matters with the U.S. government and Embassy abroad, and represent the parties before the INS and U.S. Department of State, as necessary. We guide the parties through the initial visa stage, which must be followed up with a residency application, and see the couple through to the stage of Legal Permanent Residence in the United States, obtaining authorization for the foreign spouse to work and travel while the lengthy process of Permanent Residence winds its way through the U.S. immigration process.
The K-3 Visa is outlined below.
The K -3 Visa is available to an individual who is married to a U.S. citizen. Although the K-3 visa is a nonimmigrant visa, it should be understood as a visa that is obtained as part of the process to obtain Legal Permanent Residence in the United States.
K -3 Visa Privileges:
- You may obtain a K-3 visa and your unmarried children under 21 years of age may obtain K-4 visas in order to come to the U.S. to be united with your U.S. citizen spouse.
- You may apply to work immediately upon entering the U.S.
- If you are unable to enter the U.S. with another type of visa, the K-3 visa permits you to enter the U.S. while you await the lengthy process to become a Legal Permanent Resident.
- There are no quota restrictions on K-3 and K-4 visas, and the processing times are relatively short.
K-1 Visa Prerequisites and Restrictions:
- Your spouse must have already filed an immigrant visa petition for you in for you to be eligible for a K-3 visa.
- Your period of admission to the U.S. is limited to two years, during which time it is expected that you will become a Legal Permanent Resident. Extensions of stay are possible in certain circumstances.
- If your Petition for Alien Relative or Application for Adjustment of Status to that of Lawful Permanent Residence is revoked or denied, or you get divorced from the U.S. citizen petitioner, your K-3 visa and all K-4 visas are automatically terminated within 30 days of your exhaustion of all administrative appeals, and you may be required to leave the U.S.