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K-3 Spouse Visa

Knowledgeable York Immigration Attorney – (717) 921-4042

If you are an American citizen who is looking to bring your foreign spouse to live with you in the U.S., you should know about the K-3 Spouse visa. This non-immigration visa can help you and your partner spend less time separated since it can be obtained overseas and allow you both to enter the U.S. while you await your immigrant visa petition. These visas can be complex, but The Law Offices of Rosina C. Stambaugh can help.

Contact our York immigration lawyer to learn more.

Who is Eligible for a K-3 Visa?

To be eligible for a K-3 visa, the individual must be the spouse of an American citizen, and be waiting abroad for their immigrant visa to be approved. Their children may also apply for a K-4 visa to allow them to enter the U.S. with their parent. Because an immigration visa is required to permanently immigrate to the U.S., the K-3 visa can allow you to wait inside the country for this process to finish.

What is a spouse?

  • A legally wedded husband or wife. Same-sex marriages are recognized for immigration purposes.
  • Living together does not qualify as a marriage
  • Common-law spouses may qualify, depending on the laws in the country where the common-law marriage occurred.
  • In cases of polygamy, the first spouse only is eligible to immigrate.

The K-3 Visa Application Process

After marrying a U.S. citizen, the applicant must complete the following steps:

  • The citizen spouse, called the sponsor, must file Form I-130, Petition for Alien Relative with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where the U.S. Citizen lives.
  • The sponsor must submit Form I-129, Petition for Alien Fiancé to the USCIS. If approv3ed, it will be sent to the National Visa Center (NVC) for further processing. It will be sent to the U.S. Embassy or Consulate that issues visas in the country where the marriage occurred.
  • Submit Form I-693, Medical Examination upon appearing at the consulate to apply for a K-3 visa with the Department of State.
  • Appear at a one-on-one interview with a consular officer, who will approve or deny your K-3 visa.

While it is possible to enter the U.S. with a K-3 visa, it is critical to simultaneously apply for an I-130 immigration visa. You are only allowed to remain in the U.S. for 2 years with a K-3 visa, and you are ineligible to adjust the status of your spouse visa. You can, however, apply for an employment authorization document.

Get In Touch With Our York Immigration Lawyer – (717) 921-4042

Calling America home is a dream for many, but you don’t have to face the complexities of the immigration process alone. At The Law Offices of Rosina C. Stambaugh, we are dedicated to helping immigrants from all walks of life to address their unique immigration issues. Our York immigration attorney is backed by a wealth of experience, and we are ready to assist you.

Schedule a consultation with our team today.
Contact our offices online, or call (717) 921-4042.

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