Minnesota K3 Visa Spouse of US Citizen Attorney

K3 Visa Spouse of a US Citizen

K3/K4 Marriage Visa

The K3 Visa is a marriage visa in which permits a foreign spouse of a United States citizen to be admitted to the United States in a nonimmigrant status as they wait for a nonimmigrant visa.  To qualify for a K3 Visa, the petitioner must:

  1. Be legally married to a citizen of the United States
  2. Have a pending Form I-130, Petition for Alien Relative, filed on their behalf by the United States citizen spouse.

The K4 visa was designed to allow the foreign spouse’s minor children to follow their parent to the United States as nonimmigrants and proceed to apply for a Green card granting permanent resident status in the United States.  A child may be eligible for K4 Visa as long as they meet ALL of the following requirements:

  1. They are the child of a qualified K-3 nonimmigrant visa applicant
  2. They are under 21 years old
  3. They are not married
  4. The marriage between their K-3 nonimmigrant parent and the United States citizen occurred prior to their 18th birthday

These visas were established to diminish the separation between a citizen of the United States and their foreign spouse and step-children while they are waiting overseas for the approval of a nonimmigrant visa.

K3 Visa Application Process

A United States Citizen must submit two (2) applications with the United States Citizenship and Immigration Services (USCIS) on the behalf of their non-citizen spouse in order for them to obtain K3 nonimmigrant status.  The first form needed to be filed is Form I-130, Petition for an Alien Relative, with the Chicago Lockbox.  Once the USCIS is in receipt of Form I-130, they will generate a form I-797, Notice of Action, and send it to the United States citizen.  Form I-130 does not need to be filed on behalf of the minor children of the non-immigrant spouse in order to obtain a K4 Visa, however it does need to be filed in order for the minor children to obtain eligibility for permanent resident status (Green card) in the United States.

Upon receipt of Form I-797, the United States Citizen must then file Form I-129F, Petition for an Alien Fiance(e), on behalf of their non-citizen spouse with the Dallas Lockbox along with a copy of Form I-797, Notice of Action.  Any minor child seeking a K4 non-immigrant visa must be listed on Form I-129F.  There is no required fee when filing a Form I-129F on behalf of a non-citizen spouse. The USCIS will forward the I-129F form to the United States Department of State for consular processing once it has been approved.  The non-citizen spouse and their minor children will then be able to apply for K3 or K4 nonimmigrant visas through the United States Department of State.  The applicant of the K3 or K4 nonimmigrant status must also complete an Affidavit of Support and demonstrate they will not become a public charge while residing in the United States.  They may complete this form using Form I-134.  It is important to note that K3 and K4 nonimmigrant visa holders are not allowed to change status to another nonimmigrant visa category.

For more information on the K3 or K4 application process, speak to one of Tarshish Cody’s experienced immigration attorneys at 952-361-5556.  An attorney will be ready to advise you.

Visa Ineligibility/Waiver of Inadmissibility

It may be determined that an applicant is denied their petition and deemed ineligible.  Applicants are deemed in eligible if they:

  1. Have committed a serious crime
  2. Are deemed to be or likely to be a public charge
  3. Have illegally entered the United States
  4. Have a communicable disease or a dangerous mental disorder
  5. Are considered drug addicts
  6. Are subject to a J1 two-year foreign residency requirement

These applicants may only qualify should they submit a waiver of inadmissibility and it is approved by the USCIS before the consular officer will issue the K3 visa.

Automatic Expiration

There are certain instances in which a K3 or K4 Visa may automatically expire and the period of stay changes.  The period of stay authorized for a K3 visa holder will automatically expire within 30 days if the following events occur:

  1. The USCIS denies or revokes Form I-130 visa petition
  2. The USCIS denies a Form I-485 by the K3 nonimmigrant or the Department of State denies the immigrant visa application filed by the K3 nonimmigrant citizen
  3. The marriage is terminated by divorce or annulment

K4 visa holders will be granted a period stay of two (2) years unless one of the following events occur:

  1. The K3 Visa Holder’s status expires
  2. The K4 Visa Holder turns 21
  3. The K4 Visa Holder gets married before being issued their Visa

Should the K3 Visa Holder’s status expire, the K4 visa holder’s status will automatically expire on the same date.  The K4 holder may stay within the United States until one (1) day prior to their 21st birthday.  They may still be eligible for an adjustment of status under the Child Status Protection Act if the petitioner had filed Form I-130 on behalf of the K-4 holder prior to their 21st birthday.  The automatic stay of K4 holders expires 30 days after the date they wed.

Speak to an Immigration Attorney

At Tarshish Cody, we understand that this process can be time consuming and stressful for families.  Let us reduce the stress and help you get through the process with ease.  Call us directly at 952-361-5556 (or fill out the free case evaluation form below) to speak to an immigration attorney about your K3 or K4 visa matter.

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