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 Spouses of US Citizens and the K-3 Visa 
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Post Spouses of US Citizens and the K-3 Visa
by: Michiel Van Kets

In the past, spouses of U.S. citizens had to submit an application for a visa from outside the U.S. and wait for their green card to be approved before they could travel to the country. This could be quite frustrating if there was long delay in waiting for the approval and, especially true if there were children waiting as well. With the K3 visa category this has all changed. Spouses are now allowed to enter the U.S. whilst waiting for a nonimmigrant visa category and then they are able to apply for lawful permanent residence status. The whole procedure will generally take around six months.

The advantages of applying for a K3 visa are that the process is normally proceeds faster than for marriage-based immigration visa petitions. Your spouse will also be permitted to search for work and apply for a work permit after received the visa. As long as your children are under the age of 21 and they were named in the visa petition, they are allowed to travel to the U.S. with you on a K4 dependent visa. Once they reached the legal age they are allowed to seek work too. Before a K-4 visa can be applied for a child, the parent must hold a K-3 visa or be in K-3 status.

Conditions of applying for a K3 visa are, first, that the marriage to the U.S. citizen is official and legal. As the U.S. citizen, it is up to you to file on your partner’s behalf a petition for family-based I-130 immigration status, to be sent to the U.S. Citizenship and Immigration Services (USCIS) service center with authority over your place of residence.

As soon this is handled your spouse will receive Form I-797, Notice of Action, this is an indicating of that the USCIS has received the Form I-130.A copy of this Form I-797 along with a USCIS Form I-129F needs to be filed by you on behalf of your partner. After adjudicating the Form I-129F, the USCIS then sends it to the appropriate American Consulate so that you can apply for the K3 marriage visa.

Keep in mind that if you are in the U.S. on a different kind of visa, a tourist visa for example, then it will not be possible to change the visa status to a K-3 visa. Your partner will have to leave the country and apply for the K3 visa from there.

Once your spouse enters the U.S. with a K-3 visa, they can live there for a 2 year time period. Dependents receive the same length of time, however if they turn 21 sooner, then they will only have the visa until this date.

Once the 2 years admission are granted the nonimmigrant with the K3 visa can then apply for extensions in 2 year increments to the USCIS. If a person has not applied for a change of status or put in an application for immigrant status during these previous 2 years, then the USCIS probably will want to know the reason.

Any person in the U.S. on a K3 visa who has to visit another country is able to do so without any problems, a K3 visa will remain valid and not be canceled if leaving. This applies even if you are in the process of changing your status.

The K-3 visa means that it is much easier now to be together with your special one in your country. For you people who are busy and overwhelmed by just the thought of all the paperwork involved in getting a K-3 or a K-1 visa just go online and find a trustworthy and professional visa agency.

About The Author
Michiel Van Kets provides article services for Duane J. Beadle, an expert on K -1 Fiancee Visa and K- 3 Visa issues. For information advice & consulting please visit the website.

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Tue Dec 22, 2009 11:05 am
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