K3 spouse visa

Overview

What is the K-3 visa?

The K-3 spouse visa allows the foreign spouse of the U.S. citizen to enter the United States on a temporary visa while awaiting processing of the I-130 immediate relative petition. The I-130 immediate relative petition allows a U.S. citizen to sponsor his or her spouse to immigrate to the United States as a permanent resident. Both the I-130 and K-3 spouse visa petitions are filed almost simultaneously.

The K-3 visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by granting the option to the foreign spouse who lives overseas to enter the United States while awaiting approval of the immigrant visa petition. K-3 visa recipients subsequently apply to adjust status to a permanent resident with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition.

It should be clarified that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place. This is one of the main reasons why counting with the help of an experienced immigration lawyer who is accessible oversees is essential for petitioners and applicants of this type of visas.

At Sabalier Law, all legal communications, services, and processes are handled securely completely online and remotely. You may start to explore your options for the right visa, based on your particular set of circumstances and goals by contacting me for a legal consultation.

K3 visa processing time

Obtaining a K3 visa is a time-consuming process because there are additional steps and forms that make part of the application process for this visa. For instance, the waiting period for the approval of Forms I-130 and I-129F, and the submission of Form DS-160 and scheduling the interview, contributes to the delay, which takes another couple of months. But on average, the entire process usually takes around 6 to 9 months from the initial application to the time the visa is granted.

Requirements

For this particular visa, there are strict legal requirements in place, and a broad variety of documents that must be rendered. The manner and promptness in which these documents are provided to the Immigration Authorities mark the difference between a successful application and an unsuccessful one. This is why it is so important that you count with the correct legal representation and guidance. To provide you with initial guidance, these are ALL the legal requirements you must meet to be eligible to apply for this Visa:

• You must be a U.S. citizen
• You must be legally married to your foreign spouse
• The U.S. citizen and foreign spouse must have been FREE to marry (i.e. all previous marriages must have been terminated by divorce, annulment, or death of the former spouse before you two were married)
• The foreign spouse has NOT been convicted of a crime, has never entered the U.S. illegally or overstayed for 6 months or longer, and does not have a history of detentions/removal/deportations by the Department of Homeland Security (*waivers may be available for such conduct but this requires careful consultation with me beforehand)
• The U.S. citizen spouse has filed taxes with the IRS during the previous three years, is currently employed (or self-employed), and is earning AT LEAST the minimum income level set forth by the U.S. Poverty Guidelines. This minimum income level recommended is $19,387 for a family of two ($24,225 for Hawaii and $22,312 for Alaska) and increases by approximately $5,025 for each additional family household member or dependent of the U.S. citizen fiance

Documents required

• Original birth certificate
• DS-160 submission confirmation
• Foreign passport of the applicant
• Completed Nonimmigrant Visa Application Forms DS-156 and Supplement Form DS-156K
• Filled in Biographical Form DS-230
• Evidence of termination of prior marriage(s)* if applicable
• Police clearance certificates
• Result of medical examination
• 2 colored passport size photographs
• Form I-134: Affidavit of Support* if required

What's included?

My services include:

• At Sabalier Law, you count with expert legal representation and guidance throughout your entire visa application process
• Expert legal preparation and expedited submission of your petitions
• Legal review of your application, to ensure that it is filled out completely and accurately
• Legal guidance in case there are there are any requests for evidence of your circumstances for clarification purposes
• Legal advocacy and representation in case an issue arises throughout your application process
• Constant updates on the status of your case
• Timely notification of changes in immigration laws and procedures that are relevant for you and your case
• Expert and attentive legal support and representation throughout your visa application process from the moment you hire me until the moment of safely arrival in the United States. My work is not done until you have no more legal worries in mind
• And the best part is that at Sabalier Law, all legal services are offered online, using the latest in secure technology to ensure your safety and your comfort, so that you can get the legal representation, information, and communication you need every step of the way throughout your immigration process regardless of where you are located in the world