Fiancee Visa and K-3/K-4 Visa for immigaration

What is the K-3/K-4 Visa?

The K-3 visa category is available to spouses of U.S. citizens waiting abroad to come to the U.S. to join their U.S. citizen spouse while a spousal petition is pending. Before the creation of the K-3 visa category, spouses of U.S. citizens had to wait abroad until the I-130 spousal petition (filed in the U.S.) was approved by the INS and then forwarded to the U.S. consulate for consular processing. 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,

If the Form I-129,petition for Alien fiancee , has been approved, the Alien spouse has to forwarded to the American consulate in his/her own country to apply for the K-3/K-4 visa. If the marriage took place in the alien spouse's country and there is a consulate of United States which issues immigrant visas in this country, the spouse has to apply for the k3 visa in his/her own 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

When you are applying for a k-3/k-4 adjustment status, at the same time, you can travel outside the United States and return using your unexpired k3 or k4 nonimmigrant visa.

As you know that there is a long time to receive your spouse's k3 visa. If you done correctly with the k3/k4 visa application, you can spend much less time to get together with your spouse who are waiting for immigration status. Because the k3/k4 visa is a new visa category, you should get assistance from an attorney with experience with the k3/k4 visa.

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