Helping U.S. Citizens Bring Their Foreign Spouses to America

Are you a U.S. citizen who has recently married a foreign citizen spouse? Or are you a foreign national spouse who’s recently gotten married to someone with United States citizenship? It can be awful when country borders keep married couples separated because of political reasons. Thankfully, there are means by which a foreign citizen spouse can come to America and receive their green card, granting them the right to live in the USA, giving them work authorization, and all the other benefits of legal permanent residence in the nation.

The K-3 foreign spouse visa is a non-immigrant visa that allows someone who is legally married to a United States citizen to enter the U.S. while their immigrant visa is still being processed. The objective behind the K-3 visa is that it shortens the period where the two spouses would otherwise be separated due to the immigration laws in place.

As with all things related to the United States Citizenship and Immigration Services (USCIS), the application process can feel needlessly complex, leading many people to despair and question whether the visa is even worth it. Yes, it is worth it, because it allows you to remain with your husband, wife, or life partner. And you don’t have to go through the K-3 visa or green card application process alone.

The immigration attorneys of Elizabeth Rosario Law, PLC. have years of experience helping clients pursue family-based immigration visas and green cards. We would be proud to assist you both in helping your foreign citizen spouse get their K-3 non-immigrant visa and also obtain permanent residency with a green card. To learn more about our legal services, please contact our law office to schedule your initial consultation.

Who is Eligible for a K-3 Foreign Spouse Visa?

In order to be eligible for a K-3 visa, a hopeful immigrant must first meet several basic requirements for a non-immigrant visa.

K-3 visa eligibility requirements include:

• A foreign citizen must be legally married to an individual with United States citizenship.
• The foreign citizen spouse must reside outside of the U.S. at the time of the application.
• The U.S. citizen spouse must meet certain income requirements to prove they can provide adequate financial support.
• The United States citizen spouse must file Form I-130 on behalf of their foreign citizen spouse. This form is a petition for an alien relative to come to the United States.
• There must be a pending immigrant visa application with the National Visa Center (NVC) or the foreign spouse’s local U.S. Embassy or Consulate.
• There must be the full intent to join the United States citizen spouse in the U.S.

Unfortunately, the spouses of green card holders are not eligible for the K-3 visa.

Who is Considered a ‘Foreign Citizen Spouse’ According to the United States Citizenship and Immigration Services?

For the purposes of K3 visa eligibility, the USCIS defines a ‘spouse’ as someone who is legally married to a United States citizen. Same-sex married couples are granted the same immigration benefits that are afforded to opposite-sex married couples under the law.

Living with your partner — cohabitation — does not equal spousal status. However, depending on the foreign country’s laws on common-law marriages, a common-law married couple may potentially qualify for immigration services.

What is the Difference Between a K-1 and K-3 Visa?

A petition for an alien fiancé (or fiancée) is a K-1 visa. It is reserved for those engaged to but not yet married to a United States citizen. K-1 visas require that the engaged couple marry within the first 90 days of the foreign national’s entrance into America.

K-3 visas do not have such a requirement. Instead, the requirement for K-3 visas is that the two already be married at the time of the application. If the two are still married after two years, the foreign-born spouse can file for an adjustment of status to make them a lawful permanent resident.

What Are the Requirements for a K-3 Non-Immigrant Visa Petition?

The most assured way to correctly petition for a K-3 non-immigrant visa is to work with experienced immigration attorneys familiar with cases such as yours.

Before filing for a K-3 visa, the U.S. citizen spouse must first file a Form I-130 and Form I-129F. Your immigration lawyers can help ensure that the forms have been properly completed and filed. If there are any minor children, the immigration lawyer will list the spouse’s children on Form I-129F so that the children may receive their K-4 visas.

Additional requirements may include:

• A valid passport.
• Birth certificate and potentially death certificates, if applicable.
• Evidence of financial support.
• Form DS-160.
• Marriage certificate (and divorce certificates if applicable).
• Medical examination.
• Payment of necessary filing fees.
• Police certificates.
• Proof the marriage is bona fide.
• Two 2×2 photographs that meet the basic photo requirements.

Are you sure you have everything in order? Don’t leave it up to chance. Contact our law firm for legal guidance today.

Contact Elizabeth Rosario Law, PLC. to Discuss Your Case with an Experience K-3 Visa Lawyer

It’s important that no mistakes are made when petitioning for a foreign spouse to come to America. Any slight error could derail your efforts, pushing the process back further and making things take so much longer than necessary.

Hire Elizabeth Rosario Law, PLC. for your legal counsel, and we will help ensure that everything goes smoothly in your pursuit of a K-3 visa. Our law firm has extensive experience and boundless knowledge in the area of U.S. immigration law. Don’t feel intimidated by the system. Contact our law firm today for your case evaluation. Call us at  616-530-0101.