spouse while a spousal petition is pending. Before the creation of the K-3 visa category, spouses of U.S. citizens had to
wait abroad until the I-130 spousal petition (filed in the U.S.) was approved by the INS and then forwarded to the U.S.
consulate for consular processing. And then they can forward to the U.S. consulate. It would cost them about one year to
process.
From then on, the k-3 visa was created. So the spouses of foreign can stay in the U.S. while they are waiting for the
approval of the I-130 petition. When the I-130 is being processed, the spouses don't have to remain abroad.
Who is Eligible?
A person may receive a K-3 visa if that person:
has a valid marriage with a citizen of the United States;
has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,
If the Form I-129,petition for Alien fiancee, has been approved, the Alien spouse has to forwarded to the American consulate
in his/her own country to apply for the K-3/K-4 visa. If the marriage took place in the alien spouse's country and there is a
consulate of United States which issues immigrant visas in this country, the spouse has to apply for the k3 visa in his/her
own country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the
current residence of the alien spouse,
A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to
be a K-3.
Work Permit
Once in the U.S. in K-3 or K-4 status, you are eligible to apply for a work permit while the cases are pending. Keep in mind
that you do not need to apply for a work permit once you adjust to permanent resident status. The spouse who gets his/her
permanent resident lawfully, should receive a permanent resident card. The card will prove your permanent right to live and
work in the United States.
Leave the United States and travel abroad
When you are applying for a k-3/k-4 adjustment status, at the same time, you can travel outside the United States and return
using your unexpired k3 or k4 nonimmigrant visa.
As you know that there is a long time to receive your spouse's k3 visa. If you done correctly with the k3/k4 visa
application, you can spend much less time to get together with your spouse who are waiting for immigration status. Because
the k3/k4 visa is a new visa category, you should get assistance from an attorney with experience with the k3/k4 visa.
More information at http://www.fianceevisas101.com
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