K3 Visa Lawyer
The K3 Visa is a temporary nonimmigrant Visa for foreign-citizen spouses of a US Citizen while the Green Card application is pending. With this Visa your foreign spouse can wait in the United States for their Green Card to be approved. The K3 Visa is not for a non-US Citizen spouse that is already living in the United States. This Visa was designed to shorten the physical separation between a foreign citizen and their US Citizen Spouse. Eligible children of K3 Visa applicants receive K4 Visas, which allow their recipients to stay in the US. However, the K3 Visa is rarely used and it is not easy to obtain one.
A spouse is a legally wedded wife or husband. You do not qualify for immigration if you are merely living together. There are other provisions for common-law spouses and polygamous relationships.
Eligibility For K3 Visa
The eligibility for a K3 Visa is very straightforward:
- You must be married to a US citizen and
- You must have a pending Green Card application. An immigration lawyer can help start your Green Card application process if it had not already begun
If you and your foreign spouse have children, there are visas that those children can also get to allow them to come to the United States.
Application Process For K3 Visa
The following are the steps for the K3 Visa application:
- First step: Your immigration attorney provides you with a checklist of all documents required to prepare the spouse visa application. After all the documents have been provided your lawyer prepares and files the K3 application with the USCIS.
- Second step: Here your lawyer also provides you with a second checklist for documents needed for the second step. Then your attorney prepares and submits documents that your attorney then sends to the US Embassy where your spouse is located.
The final step is the interview of your non-US Citizen Spouse that will take place in the US Embassy where that spouse is located. The interview is meant to help prove that you and your foreign spouse are legally married and that your Green Card application process has begun or is pending. Your immigration lawyer can help your spouse prepare for this interview. Generally, the whole K3 Visa process will take you two years. But once your spouse gets it, they can enter and leave the US as often as they like.
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Documents Needed AT The Visa Interview
The non-US Citizen spouse will need to bring the following documents to the Visa interview:
- Civil documents such as marriage, birth, divorce and police certificate. The marriage certificate is for the marriage with the US citizen and the divorce certificate is for any previous spouses
- A passport that is valid for travel
- Completed Form DS-160 Online Nonimmigrant Visa application
- Payment fees
- Medical examination documents
- Evidence of financial support
- Photographs
If you don’t understand the interview requirements, you can consult with an immigration lawyer to explain what exactly is needed. As far as photos are concerned, you can find instructions about them online.
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