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A K-3 visa is a non-immigrant visa specifically for a spouse of a U.S. Citizen awaiting approval of an I-30 Immigrant Petition for an IR1 or CR1 visa. With a K-3 visa, the spouse of a U.S. Citizen can legally enter the United States as a non-immigrant, so that they may be with their spouse and family while they await their permanent resident I-130 Immigrant Petition (which is filed by the U.S. spouse) to be approved. Once the I-130 is approved, the K-3 visa will be closed and the foreign spouse can go to a U.S. consulate abroad to obtain their immigrant visa, which will lead to permanent resident status (a green card).
For the purposes of a K-3 visa for a spouse of a U.S. citizen awaiting approval of an I-130 Immigrant Petition, a "spouse" is any legally wedded couple, whether of the same-sex or opposite-sex. Living together does not constitute a legal marriage. A K-3 visa typically is valid for a period of two years, within which 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 for a spouse of a U.S. citizen awaiting approval of an I-130 Immigrant Petition can be one of the quickest ways for a foreign spouse to obtain U.S. citizenship. For this reason, it is frequently used for immigration fraud and the process is thus under strict scrutiny and surveillance. The couple must prove their marriage and relationship is legitimate through various forms of evidence, documentation, interviews, and records. There are many detailed steps involved in the K-3 visa process, including 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). In addition, if the foreign spouse wishes to work in the United States on a K-3 visa, there are additional applications to submit. Similarly, 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 of them.
The process can be lengthy and any misrepresentation or discrepancies found in any part of the process can further delay the K-3 visa, if not entirely ruin the chances of the foreign spouse ever gaining U.S. citizenship or entering the U.S. again. Because many foreigners use this process to illegally gain citizenship in the U.S., the applications, paperwork, interviews, and records are all examined with extreme scrutiny and any error or misrepresentation can be detrimental.
Because the process of obtaining a K-3 non-immigrant visa can be daunting, costly, and time-consuming, using the assistance of an immigration lawyer can be extremely beneficial. Immigration lawyers are experienced and knowledgeable about all immigration laws and processes. They can help you carefully gather all documentation and records needed, and accurately fill out all necessary forms and petitions to ensure that there are no mistakes or discrepancies. If any problems or questions do arise, an immigration attorney can legally represent you and your spouse, and will fight for both of your rights to quickly solve any complications. Using the legal council of an 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 K-3 visa for a spouse of a U.S. citizen awaiting approval of an I-130 Immigrant Petition, contact Attorney Search Network today. Attorney Search Network can help you find an immigration lawyer near you who can help.
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