The k3 nonimmigrant visa is the mechanism by which a spouse (including minor children of that spouse) of a US citizen can be admitted to the United States as nonimmigrants. The k3 visa is for those that are currently waiting for their permanent residence application to be processed. The ultimate goal is for the family to be able to reside together in the United States.

The k3 marriage visa process is generally straight forward, but it can seem to be a daunting task. While it can be completed without needing to pay for the services of an immigration attorney, before you decide to apply it might be a good idea to at least speak with an immigration attorney to understand the pitfalls. Some attorneys will offer you a free consultation where others may charge you. Either way, it could mean the difference of a smooth application process versus a bumpy one.

Eligibility for the k3 nonimmigrant visa is summarized into two brief points. The applying, noncitizen spouse must be married to a US citizen and that spouse must have filed the Petition for Alien Relative, otherwise known as form I-130. The children of the noncitizen spouse are eligible for the k4 visa if the child is unmarried, under the age of 21 and of course is the child of the spouse applying for the k3 visa.

There can be special circumstances of the term “marriage” above, specifically as it relates to a common law marriage. Applicants for a k3 visa may be eligible with a common law marriage, so long as the laws of the country where the common law marriage “took place” are recognizing the couple’s common-law status. If either spouse has been divorced, then they should be prepared to clearly show documentation of their former marriage being legally terminated where the marriage took place.

The US citizen is the first steps in applying for the k3 visa. They will have to file the Immigrant Petition for Alien Relative form (form I-130) with the USCIS. Once the US citizen receives the form I-797 from USCIS, you know they have processed the I-130.

The Petition for Alien Fiance is the next form to submit. This form, form I-129F should be filed with form I-797 by the US citizen spouse on behalf of the noncitizen spouse and any children apply for the k4 visa. These children should be listed on the form I-129F to ensure a smooth application process.

Once the Petition for Alien Fiance is approved, it is sent to the National Visa Center, which in turn sends it on to the country where the spouses were married. Processes are in place to account for mitigating circumstances that may crop up during this part of the application process. For example, if the couple was married in the U.S., then the petition is simply sent to the visa-issuing bureau (such as a consulate or embassy) in the country of the k3 applicant’s nationality. Alternately, if the applicant spouse is from a country in which the U.S. has no embassies or consulates, then the petition is sent to whichever country issues visas for that country.

In addition, a k1 visa, or fiance visa, is available to a U.S. citizen’s significant other, although there are several additional requirements. If a k1 visa is approved, the fiancee entering the United States can only do so once and a marriage must take place within 90 days. The non-citizen fiance applicant cannot leave the country after entering it without filing additional request forms to travel. Additional paperwork must also be completed for the fiancee to work in the United States while awaiting permanent resident status. Since the fiancee is considered an immigrant by the United States, the k1 applicant must meet all the requirements of an immigrant visa.

If the rather convoluted process of bringing a spouse, fiancee or child over to the U.S. is far too challenging or time-consuming for the U.S. citizen attempting to unite his or her family, the spouse can utilize the resources of an immigration lawyer or immigration service. These agencies employ attorneys that sub-specialize in various fields of immigration law including the immigration visa process and help navigate people through the green card application process. With the help of an attorney, U.S. citizens reunite with their loved ones quickly and legally.

William Kolemann teaches people the ways of getting your k3 visa and learning the ins and outs to your k3 spousal visas.

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