K-3 Spousal Visa Requirements

The purpose of the K visa is to reunite families that have been or could be subject to a long period of separation during the process of immigrating to the United States. Holders of the K3/K4 visas will be able to wait in the US for this process to be completed.

The K3 and K4 nonimmigrant visas allow spouses of U.S. citizens and the children of those spouses who are under 21 years of age and unmarried to enter the U.S. while their permanent visa petition is pending.

Only spouses of U.S. citizens and their children are eligible for the K3 or K4 nonimmigrant classification. Other relatives of U.S. citizens, as well as any relatives of lawful permanent residents, are not eligible.

There are three requirements for an alien to obtain this nonimmigrant classification:

1. The alien must already be married to a U.S. citizen who has filed a relative visa petition (Form I-130) on the alien’s behalf for purposes of an immigrant visa. An I-130 for beneficiaries may be filed with USCIS in the U.S.
2. The same U.S. citizen spouse must petition on that alien’s behalf to obtain a nonimmigrant “K3″ visa (Form I-129F). The I-129F must be filed with USCIS in the U.S. only.
   
3. The alien must be seeking to enter the U.S. to wait for an immigrant visa.

Once the current I-129F is approved, USCIS will notify the American consulate abroad specified on the petition. If the marriage took place abroad, the USCIS will notify the consulate in the country where the marriage took place.

Applicants for K3 and K4 visas must apply for those visas in the country where the marriage to the US citizen took place.

If you need assistance bringing your foreign spouse over to the U.S., contact an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

This entry was posted on 4. February 2010 at 02:25 and is filed under K-3 and K-4 info. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.

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