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Immigrant To The United States With K3 or K4 Visa
Added: (Sat Jul 22 2006)
The K3 visa can let the spouses of abroad come to the U.S. So they can get their U.S. citizen spouse while waiting for a
spousal petition. When the k3 visa was not created, the spouses had no chance to come back to the U.S. They have to stay
abroad until the I-130 spousal petition was approved by the INS. And then they can forward to the U.S. consulate. It would
cost them about one year to process.
From then on, the k-3 visa was created. So the spouses of foreign can stay in the U.S. while they are waiting for the
approval of the I-130 petition. When the I-130 is being processed, the spouses don't have to remain abroad.
Who is Eligible?
A person may receive a K-3 visa if that person:
has a valid marriage with a citizen of the United States;
has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,
When the form I-129 is approved, petition for alien spouse, the person has to go to the American consulate abroad where the
The K3 visa can let the spouses of abroad come to the U.S. So they can get their U.S. citizen spouse while waiting for a spousal petition. When the k3 visa was not created, the spouses had no chance to come back to the U.S. They have to stay abroad until the I-130 spousal petition was approved by the INS. And then they can forward to the U.S. consulate. It would cost them about one year to process.
From then on, the k-3 visa was created. So the spouses of foreign can stay in the U.S. while they are waiting for the approval of the I-130 petition. When the I-130 is being processed, the spouses don't have to remain abroad.
Who is Eligible?
A person may receive a K-3 visa if that person:
has a valid marriage with a citizen of the United States;
has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,
When the form I-129 is approved, petition for alien spouse, the person has to go to the American consulate abroad where the foreigner wishes to apply for the K-3/K-4 visa. If the United States has a consulate that can give immigrant visas in the foreigner's country but the marriage to the U.S. citizen took place abroad, the spouse will be allowed to apply for his/her k-3 visa in the United states or the alien spouse's country . The alien spouse can apply for her/his k-3 visa at jurisdiction over the current residence, if the marriage took place in the United States.
If the alien spouse who gets a k3 visa has a child who is under 21 years old and has not gotten married, the spouse's child can get a k-4 visa.
Work Permit
Once in the U.S. in K-3 or K-4 status, you are eligible to apply for a work permit while the cases are pending. Keep in mind that you do not need to apply for a work permit once you adjust to permanent resident status. You should receive a permanent resident card if you are the permanent resident. The card will prove that you have a right to live in the U.S permanently.
Go abroad and leave the United States
If you are in K-3 or K-4 status, you may travel using your unexpiredK-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.
When done correctly, the K-3/K-4 visa category can significantly reduce the time that spouses are separated while waiting for immigration status. The K-3/K-4 visa category is a relatively new visa category; therefore, you may wish to consult with an Immigration Attorney with experience with the K-3/K-4 visa for assistance with your case.
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