Are you in the United States legally? Do you want to bring your spouse or fiance to the country legally? If so, there is a visa you can obtain for your spouse. The K-3 Visa, also referred to as the spouse visa, is the visa you will need to obtain if you wish to bring your spouse or fiance to the United States legally. Applying for any type of visa should be done with the help of an experienced Phoenix immigration attorney so there are no mistakes made on the initial application. Let’s take a look at the process involved in obtaining a K-3 Visa in today’s post.
Eligibility Requirements for a K-3 Visa
The eligibility requirements for a K-3 Visa are as follows:
- You have legally married a citizen of the United States
- You have an I-130 immigration petition that is family based and was filed by your spouse, who is a legal citizen of the United States
- You wish to enter the country while waiting for your green card petition to be approved
- You wish to enter the country while waiting for lawful permanent resident status to be approved
The K-3 Visa Application Process
In order to begin the application process for a K-3 Visa it must be started by the legal citizen spouse of the United States. The spouse must do the following:
- File the Petition for Alien Relative, or Form I-130 on your behalf with the United States Citizenship and Immigration Services (USCIS).
- File the Petition for Alien Fiance, or Form I-129F, along with a copy of the receipt notice that the USCIS received the I-130 petition.
Take note that the K-3 Visa will not be approved until the USCIS has received the I-129F for Alien Fiance. If the K-3 Visa is approved you will be able to study in the United States, make short trips outside of the country and legally re-enter, live in the country with your spouse until your visa is approved and even obtain a work permit.
The law has changed when it comes to the K-3 Visa. You are now legally allowed to live in the country while waiting for the I-130 is approved. You are also legally allowed to apply for lawful residence, permanent status, while waiting in the country. The law previously required that you wait for approval outside of the country. All of this can be very confusing, which is why it’s important to speak with an immigration attorney.
Call Today to Speak with an Experienced Immigration Attorney
Are you trying to bring your spouse or fiance to Phoenix, Arizona legally? If so, it’s time that you speak to an experienced immigration attorney about your situation. The team at the Gambacorta Law Office in Phoenix, Arizona can help you apply for and obtain a K-3 Visa for your spouse or fiance. Call the office today to schedule an appointment at 847-443-9303 or complete a contact form on our website and a member of the firm will reach out to you promptly.