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A K-3 visa is a non-immigrant visa. The K-3 visa specifically for a spouse of a U.S. Citizen who is awaiting approval of an I-30 Immigrant Petition. These petitions are typically for an IR1 visa or a CR1 visa. With a K-3 visa, the spouse of a U.S. Citizen can legally enter the United States as a non-immigrant. They may live with their spouse and family while they await their permanent resident (I-130 Immigrant Petition). The I-30 Immigrant Petition must be filed by the U.S. spouse to be approved. When the I-130 is approved, the K-3 visa will be closed. Then the foreign spouse can go to a U.S. consulate abroad and obtain their immigrant visa, which can lead to a green card and permanent resident status.
In regards to a K-3 visa, a "spouse" is any legally wedded couple. The couple can be of the same-sex or opposite-sex. The couple must be legally married. Living together will not be sufficient for a K-3 visa. A K-3 visa typically is valid for a two years. During that two years, the foreign spouse must file an I-485 for adjustment of status and wait for their I-130 to be approved.
A K-3 visa can be one of the fastest ways for a foreign spouse to obtain U.S. citizenship, a green card, or permanent resident status. Unfortunately, K-3 Visas are frequently used for immigration fraud. Thus the K-3 Visa process is under strict scrutiny and surveillance. A couple must document and prove their marriage is legitimate. Evidence includes, documentation, interviews, and records. There are many detailed steps involved in the K-3 visa process. Filing for additional forms such as Form I-129F (Petition for Alien Fiancé), I-485 (Application to Register Permanent Residence or Adjust Status), and/or Form I-824 (Application for Action on an Approved Application or Petition). If the foreign spouse wishes to be employed in the United States on a K-3 visa, there are additional applications. If the foreign spouse has children that they intend to bring to the U.S., they must file for a K-4 visa for each child.
The process can be time consuming and detailed, any misrepresentation or discrepancies found in any part of the process can delay the K-3 visa. Errors can ruin or often delay the chances of the foreign spouse ever gaining U.S. citizenship or entering the U.S.
Because the process of obtaining a K-3 non-immigrant visa can be detailed, costly, and time-consuming, hiring an immigration lawyer can be extremely beneficial. Immigration lawyers are experienced and knowledgeable about all K-3 visa immigration laws and processes. Immigration lawyers can help you carefully collect all documentation and records needed, and accurately fill out all necessary forms and petitions to ensure that there are no mistakes or discrepancies. If additional forms or petitions are needed an Immigration attorney can fill out and assist in filing these forms as well. If any problems or questions do arise, an immigration attorney can legally represent you and your spouse. Using the legal counsel of an immigration attorney can mean that you and are spouse easily apply for and successfully obtain a K-3 visa with as little stress and time as possible.
If you need an immigration lawyer to assist you with a spouse of a U.S. citizen awaiting approval of an I-130 Immigrant Petition (K-3), contact Attorney Search Network today. Attorney Search Network can help you find an immigration lawyer near you who can help.
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