K-3 SPOUSAL VISAS IN SOUTH FLORIDA

 

The K-3 Spousal Visa allows U.S. citizen’s foreign-born spouse (or child of a foreign spouse under a K-4 visa) to travel to the United States and reside there while they wait for their underlying immigrant visa petition to be approved.

To increase the chances of your K-3 Spousal Visa being approved, it is important to work with an experienced South Florida immigration attorney who can help you successfully navigate the process.

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The K-3 Spousal Visa is an ideal immigration option for U.S. citizens with foreign-born spouses. It serves to reduce the physical separation between spouses and promotes family unity. The problem, however, is that the K-3 Spousal Visa is not the best course of action for all clients as, in many circumstances, it may result in additional cost with no discernable immigration benefit.

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K-3 SPOUSAL VISA BASICS

 

To be eligible for a K-3/K-4 visa, the following general requirements must be met:

If you are a U.S. citizen, your foreign spouse may be eligible for a K-3 visa if he or she:

• Is married to you;

• Is the beneficiary of a Form I-130, Petition for Alien Relative, that you filed for him or her; and

• Seeks to enter the United States to await USCIS’ decision on the Form I-130.

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A child of your foreign spouse may be eligible for a K-4 visa if he or she is:

• Under 21 years of age;

• Unmarried; and

• The child of the K-3 visa applicant you filed for.

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K-3 SPOUSAL VISA VALIDITY PERIOD

K-3 and K-4 visas are valid for a two-year period. They can be extended using Form I-539, but the Applicant must show that they have a pending I-130, I-485, or other pending immigrant visa application. Extensions are granted in two-year increments.

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K-3 SPOUSAL VISA - GENERAL PROCESS

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The K-3/K-4 Visa Process can generally be broken down into five separate steps:

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1. Prior to beginning the K-3/K-4 process, the U.S. citizen spouse must file Form I-130, Petition for Alien Relative, with USCIS. The purpose of this form is to establish that a bona fide marriage exists between the U.S. Citizen petitioner and the foreign spouse.

2. Like the K-1 Visa, Form I-129F is filed with USCIS, petitioning for the foreign spouse. However, unlike the K-1 visa, there is no filing fee due to USCIS for K-3/K-4 applicants.

3. Once the I-129F is approved, the U.S. Embassy or consulate where the non-citizen spouse lives will notify the non-citizen spouse of their scheduled interview date. Form DS-160 must be properly prepared and submitted prior to the scheduled interview date.

4. Upon receiving the K-3 visa from the consulate or embassy, the non-citizen spouse must enter the U.S. at a lawful port of entry while the K-3 visa is valid.

5. Once in the United States, the U.S. citizen spouse and foreign spouse can complete the process by filing Form I-485, Application to Register Permanent Residence or Adjust Status, to finalize the green card process from within the United States.

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Hire an Experienced South Florida Immigration Attorney to Handle your K-3 Spousal Visa Case

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The decision to pursue a K-3 Spousal Visa is unique to the circumstances of your particular case as proceeding with an I-130 and Consular Processing can be faster and cheaper than the K-3 Spousal Visa. Consulting with an experienced immigration attorney is critical in order to determine what course of action best suits your unique circumstances.

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Serving Miami-Dade, Broward, Monroe, and Palm Beach Counties as well as providing nationwide representation, The Law Offices of George K. Gomez, P.A. is well versed in immigration law. If you need an immigration lawyer or just need more information on the immigration-related legal services we can offer, our service areas, or wish to learn more about our managing attorney, contact us at (305) 539-0991, or use our online contact form.