K-3 Spouse Visa USA | Immigration Attorney
Spouses of U.S. citizens who are citizens of another country and reside outside of the United States, can use the K-3 Visa to enter the United States while waiting to obtain the green card or in other words, become a lawful permanent resident. The K3 Visa is designed for couples who were legally married outside of the United States.
The K3 Visa is a temporary visa that allows a foreign citizen who is married to a U.S. citizen and lives abroad to apply for the K-3 Spouse Visa in order to come to the United States and become a permanent resident of the United States. This visa category seeks to unite the families of U.S. citizens and shorten the physical separation between husband and wife while the foreign-born spouse awaits approval of immigration benefits from the U.S. government. Moreover, eligible children of K3 Visa applicants are issued a K-4 Visa which allows them to come and live in the United States while waiting for a decision on the green card.
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The K3 Visa is available to married couples who meet the following eligibility requirements.
1. The person applying with USCIS for the foreign-born spouse, husband or wife, is a U.S. citizen.
2. The foreign spouse and the K-3 Visa applicant is legally married to the U.S. citizen. Please note that the K-3 Visa is not available to spouses of U.S. green card holders.
3. The foreign spouse must currently reside in a country outside of the United States.
4. The U.S. citizen spouse must have already filed with USCIS a petition to establish the family relationship between them and the foreign spouse and the petition must be pending with USCIS. This petition must not have been approved yet, and there must be a receipt notice from USCIS.
5. The U.S. citizen spouse must meet certain income requirements in order to be able to qualify as financial sponsor for the foreign wife or husband.
6. Eligible children of the foreign spouse can be included in the petition and obtain a K-4 Visa and the children must be unmarried and under the age of 21.
To obtain a K-3 Visa and for the foreign husband or wife of a U.S. citizen to live in the United States, the U.S. citizen must act as a sponsor and file a petition with USCIS for the foreign spouse and, in certain situations, the children of the foreign spouse, to bring them to the United States. The petition is used to establish the relationship between the U.S. citizen and the foreign spouse. In addition, the U.S. citizen spouse must file another form with USCIS for alien fiancé with supporting documents requesting the USCIS to approve the K3 Visa. After USCIS approves the alien fiancé petition, the foreign spouse will be instructed to attend a visa interview at the U.S. Embassy or Consulate abroad.
It should be noted that the foreign citizen spouse must apply for the K-3 visa in the country where the marriage took place. However, if the marriage took place in the United States, the K3 Visa is processed at the U.S. Embassy or Consulate in the foreign spouse’s home country. If the marriage took place in a country that does not have a U.S. Embassy, or the Embassy or Consulate does not issue visas, then the K3 Visa is processed at the U.S. Embassy or Consulate that normally processes visas for citizens of that third country.
After the foreign spouse receives the K-3 Visa, he or she can travel to the United States and once they arrive in the U.S. can apply for work authorization and start working as soon as their work authorization is approved. Moreover, after entering the United States, the foreign spouse can also apply for adjustment of status.
Contact our experienced immigration attorneys in Miami, Florida to schedule an appointment for your K-3 Spouse Visa case for your foreign wife or husband and find out more about the K-3 Visa and other USA visa options available to you. Our immigration attorneys can assist you with your K-3 Visa application and process before the USCIS and the U.S. Consulates and Embassies abroad.
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