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How Do I Bring My Spouse (Husband or Wife) to Live in the United States?

K3 Visa

The K3 spousal visa allows the spouses of U.S. citizens, and the spouse's children, to come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.

The Spousal Visa (Marriage Visa) is designed so you can marry your Fiancee in her own country. Once you return to the USA, the paperwork is filed in two stages. The K3 visa can only be obtained by the spouse of a United States citizen. Spouses of permanent residents cannot receive a K-3 visa and should apply for a IR-1 visa instead.

If the marriage took place while the spouse was in the U.S. on another type of temporary visa or visa waiver, the spouse must depart the U.S. in order to be eligible to receive a K3 visa.

A K3 entrant must apply for a work authorization then their Social Security number, after which they can work when they have a Social Security number and a work authorization.

Can My Spouse Come to the U.S. to Live While the Visa Petition Is Pending?

If you are a U.S. Citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle him or her to come to the U.S. to live and work while the visa petition is pending. This process takes approximately 6 months.

K4 Visas for Unmarried Children of Filipino Spouses

Children do not need separate Petition for Alien Relative, I-130 petitions, but you, the petitioner, must take care to name all your children on the Petition for Alien Fiance, I-129F petition. If you do not name the children on the petition, they may find it difficult to prove their identity as children of a K-3 applicant or person in K-3 status.

However, if a child is 18 years of age or older at the time of marriage then, although the child can receive a K4 visa and enter the U.S., that child cannot obtain a green card and become a U.S. immigrant. The child's K4 visa will simply expire after two years or when the child reaches the age of 21, whichever occurs first. Children who are married or over the age of 21 cannot receive a K4 visa.

How Long Does It Take?

The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicants do not follow instructions carefully or supply incomplete information. On average it is taking about 6 months to get approval for a K-3 visa.

K3 Visa Requirements

1. The alien must be married to a U.S. citizen who has filed an I-130 petition for an immigrant visa on behalf of the alien.

2. The U.S. citizen petitioner must also file a second petition, the I-129F, with USCIS for a non-immigrant visa (K3) on behalf of the alien spouse. The I-129F must be filed in the United States. This second petition must be approved by USCIS before the alien can begin K3 visa processing overseas. The K3 visa must be issued in the country where the marriage took place, if the marriage occurred outside of the United States.

3. The alien must be seeking to enter the United States to await "the availability of an immigrant visa." While visa numbers are of course not limited for spouses of U.S. citizens, the USCIS rule requires an alien who enters the U.S. as a K3 to continue to pursue the immigration process by having an I-130 petition or an adjustment of status pending approval by USCIS. To ensure that K3s are actively pursuing immigration, USCIS will grant only a two-year admission period when the K3 enters the United States. Similarly, work authorization will be granted in two-year increments.

Do you want to set yourself up to make mistakes
and have to reapply?

If you were to just go by the directions on the U.S. Government web site for the Fiancee or marriage visa, you may have your application for a visa rejected and you must start all over again. There are certain requirements you that must adhere to, things that you must know about that you are not advised about on the these Government web sites. You are not just allowed to make the corrections, as the process has to be started from the beginning again with another payment of the filing fee and that also means more delays. Let's do it right the first time!

Experts with K3 Spousal Visas

We are Filipina Fiancee Visa Service. We are experts with the K3 Spousal Visa process for the Philippines and K3 visa preparation. We work
exclusively with U.S. clients who have spouses from the Philippines and
we have a

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