Non-citizen spouses of U.S. citizens can get legal entry into the country with a K-4 visa while waiting for the I-130 petition to be processed.K3 visas allow the holder to legally reside in the U.S. with non immigrant status and to obtain employment authorization so that they can work while waiting for the approval of their I-130.The application process for the K-3 visa is somewhat counter-intuitive and the visa has several legal limitations.For more information, click below.
Step 1: Know the eligibility requirements for a visa.
For a U.S. citizen to apply for a K-3 visa for his or her spouse, certain requirements must be met.The citizen's legal, certified spouse is the main requirement.The Form I-130 is currently pending for the non-citizen.The citizen spouse must have previously filed this form on his or her behalf.The K-4 visa status must be obtained by unmarried children under the age of 21 and the child of a qualified K-3 application.
Step 2: You should file Form I-130(s) for your spouse and children.
For his or her spouse and/or children to be granted K-4 visa status, the US citizen must file Form I-130.To prove that the person is a U.S. citizen, this form must be filled out and submitted.Any relative for whom an I-130 is being filed is related to the petitioner.There is a list of acceptable documents on the website.A filing fee must also be paid.Each relative should have a separate I-130 filed for them.Children need approved I-130s to be able to apply for permanent residency.A notice of action will be sent to the citizen once the I-130 petition has been received.This is required to complete the application process.
Step 3: The petition for Alien Fiancé(e) was filed.
The citizen should file an additional form, the I-129F, on his or her behalf once the Notice of Action for the spouse's I-130 has been received.The form is called the Petition for Alien Fiancé(e), but it's required for actual married spouses as well.The citizen only needs to submit one I-129F for his or her spouse, but s/he should list all children seeking K-4 status on this form.The original I-797 Notice of Action was received after the I-130 was filed.The I-129F will be forwarded to the State Department if the USCIS approves it.
Step 4: If you want to apply for the K-3 visa, you need to interview at a U.
.Upon completion of forms I-130 and I-129F, the foreign spouse should receive a letter from a US Embassy giving instructions for scheduling a required visa interview at a U.S. consulate in his or her country.The interview will take place in a nearby country if the country does not have an embassy.The foreign spouse should use the time before his or her interview to gather required documents and complete a medical examination.
Step 5: There are necessary documents to gather.
The non-citizen spouse needs to bring a lot of documentation to the visa interview to prove his or her eligibility.On the day of his or her interview, he or she should bring the completed form DS-160, online non immigrant visa application.A passport that allows valid travel to the United States and with an expired date at least six months beyond the intended stay, is available from the Department of State website.In other words, proof that the non-citizen won't become a burden of the state because he is self-sufficient or has a spouse who can provide support.I-134 is an affidavit of support.There are two photographs.The State Department has photo guidelines.There is evidence of a relationship.Payments of fees.
Step 6: Go for a checkup.
An official medical examination from an authorized physician is required before applying for a visa.Instructions for locating appropriate physicians nearby should be given to the non-citizen spouse by the embassy that he or she is applying to.A review of the patient's medical history is included in the medical examination.
Step 7: Attend the visa interview.
The visa interview is an important part of the application process and takes place at a U.S. consulate in the foreign spouse's country.If there is an unexpected delay, the visa applicants should arrive at the consulate an hour before their appointment.When he arrives at the consulate, he should have all the necessary documentation.S/he should answer the interview questions honestly.
Step 8: The document packet is for the K3 visa.
If the visa petition is approved, the consular officer will give the person's passport back, along with a sealed packet containing the documents he or she provided, plus an additional document from the embassy.This is a packet.Only an authorized Department of Homeland Security (DHS) official should open the packet upon arrival in the U.S., as the K3 visa holder should keep both of these things on his or her person.The K-4 status children cannot enter the country first if the spouse holds the K3 visa.The length of time after the visa interview is different.There are reasons for delays that include incomplete or incorrect information.
Step 9: The benefits and limitations of the K-3 visa should be aware of.
The K-3 visa allows non-citizen families of U.S. citizens to legally reside together in the United States.It's important to understand the limitations of the K-3 visa before beginning the lengthy application process so as not to be caught off guard by obstacles that may occur.The authorized spouse can be admitted to the United States on the K-3 visa.Once admitted, non- immigrants may apply to adjust their status to permanent residency at any time.The holder can get employment authorization.They can apply for employment authorization by filing Form I-765.After a Form I-130 has been filed on their behalf, K-4 visa holders can apply for permanent residency.K-3 and K-4 visa holders are admitted into the United States in two years.If the I-130 hasn't been processed by two years, holders can apply for additional time in two-year immigrants.When the K-3 holder's I-130 is processed, an immigrant visa immediately becomes available to him or her and he becomes ineligible for K3 status.The K-3 holder needs to become a permanent resident at this point.To be able to emigrate as a permanent resident, any K-4 holding children must have approved I-130s.The K-4's I-130 should be filed by the U.S. citizen in order for the children to be able to enter the country legally.
Step 10: You should be aware of the conditions that cause the visas to end.
K-3 visas are subject to certain rules that can cause them to become invalid if certain conditions are not met.The United States Citizenship and Immigration Service denying or revoking a Form I-130 petition is one of the conditions.