By: Shah Peerally Esq.

K3 Visa process – ten important facts you should remember.

A US citizen, who marries a non-US citizen outside the country, can bring their spouse to the US without the help of a K3 Visa. However, the K3 Visa might shorten the waiting time for the procedure. Also called a spouse a K3 Visa is a non-immigrant Visa under which you can bring your spouse and even children to the US. Children need a K4 Visas, which is issued once the spouse is issued a K3 Visa.

Eligibility for a K3 Visa

- In order to be eligible for a K3 visa, you must be married to a U.S. citizen

- If you spouse (who is not a US citizen and needs a K3 visa) is already in the United States, then the marriage has to be done in the US. For the application process, the spouse has to go back to their native country. However if the immigrant spouse entered on certain visas such as B1, B2, F1, H, O, P, etc. or entered without inspection but can benefit from INA 245(i) then the alien immigrant spouse might be eligible for adjustment of status without leaving the country. In fact, we will not recommend to leave the country if the alien spouse has overstayed on their respective visas. At this point call a good immigration lawyer immediately. You can reach us at 510 742 5887.

– You must have a pending Form I-130
– Have a petition for ‘Alien Relative’, filed by a spouse who is a U.S. citizen on your behalf

Important facts about the K3 Visa -

1. One of the major advantages of the K3 Visa is that it allows the spouse to work while waiting for the immigration formalities to be over.

2. The petition for the K3visa must be filed with USCIS; they are also eligible to apply for a green card.

3. The time taken to process the K3 visa is much shorter as compared to other marriage-based petitions, making the time the couple spends away from each other much shorter.

4. The applicant for a K3 visa is given a receipt of the I-130 that allows their spouse temporary residence in the United States, even as they wait for a green card. Unmarried minors, dependent on the spouse can also be brought along; they can apply for citizenship later on and can pursue education in the States.

5. A successful applicant gets an initial period of 2 years after which they can apply for a renewal of their stay. Application for renewal must be done within 120 days before the expiry.

6. The couple must still be married at the time of application, in case of divorce during this period; their status is automatically terminated within 30 days of the divorce.

7. While you are applying for the K3 visa be prepared to show authentic documents proving that your sponsor is a US Citizen. You will also need valid copies of your marriage certificate.

8. In case the applicant or the immigrant has been married before they need to show, sufficient proof of termination of the previous marriage, which can be in the form of either divorce papers or death certificates.

9. Documents that are needed are valid passport copies, copies of birth certificate and a copy of recent medical examination.

10. The process of receiving a K3 visa varies from a few months to a year depending on different cases.

Obtaining a K3 visa, in spite of all its advantages has a numerous processes (the K3 visa process) that are involved. Because of all the details that are required, and the chances of errors, which could lead to denials, it is recommended that you seek legal counsel in such cases. An experienced immigration attorney will be able to not only guide you but do your paperwork too. As an important note, our experience has shown that processing of the K3 Visa and the Form I-130 is not so different. Our law firm is actually not recommending the use of the K3 visa although this is an available option.

In this regard, you might want to consult the Shah Peerally Law Group and fix an appointment or take dates for consultation. Immigration lawyer Shah Peerally will be able to handle all your K3 Visa related problems. You could email – info@peerallylaw.com or call at 510-742-5887.

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