K3
Visa - Marriage Visa
Finally
there is a way to speed up the visa process for the foreign wife or husband of
a United States citizen immigrating
to the U.S. Until now
it was three to four times faster to obtain a Fiancee Visa ( K1 Visa
) for marrying inside the U.S. than it was to obtain a Marriage Visa ( Spousal Visa ) for a wife or husband of a U.S. citizen.
Now, with the newly created K3 visa, the waiting time for a
marriage visa for an international marriage is much shorter than before.
The
time it takes our offices to obtain a K3 visa for a foreign spouse
depends on where your wife or husband is from and where the overseas
marriage took place. If
you will call us we will be glad to provide you with a reasonably
accurate estimate of the visa timing based on your situation.
Do
I Need an Attorney for a K3 Visa?
The
USCIS (formerly the "INS" and "BCIS") and U.S. State Department both believe that roughly half of the
international marriages of Americans to foreigners are sham marriages.
A great deal of effort is undertaken by the U.S. government
to scrutinize each international visa application and reject filings
for any "legitimate" reason, including minor procedural errors.
The amount of paperwork involved in filing for a K3 visa is
almost double the amount required for a fiancée visa.
If
you make any mistakes or omissions in your filing for the K3 marriage
visa, however minor they may seem to you, it will delay the visa's
approval, and thus your spouse getting to the U.S., by many months.
While the rules in this area of immigration law have changed,
there are no new visa forms or instructions available to the public
which address these changes.
The USCIS has not yet even begun to address many issues, some
of which are subtle and unsuspecting.
A qualified attorney experienced in these specialized american
immigration laws will be able to anticipate and respond to issues
as they arise.
I
think you will agree that having an experienced law firm with experienced
immigration attorneys handle your K-3 visa petition is a very wise
move. We are well versed
in this area of immigration law and can appropriately advise you based
on your situation.
How
Can I Get One?
Basically,
the new K3 visa works much like the K1 fiancee visa with a few new
twists and turns. I am
sure that you will read on various websites that nobody has expertise
in obtaining the K3 visa because it is completely new. This is simply not the case.
With the obvious exception that you must be married rather
than engaged to the beneficiary, the requirements for the K3 visa
are very similar to the K1 fiancee visa.
As we are still (SINCE 1991) the only law firm in the
United States whose ENTIRE LEGAL PRACTICE consists of obtaining
K visas, currently successfully obtaining over 1,200 per year from ALL COUNTRIES, it is our (unbiased)
opinion that there is no one better qualified to handle your K3 visa
request than HOLMES & LOLLY, Immigration Attorneys.
Since late 2001 when the K3 visa law went into effect, our firm has
been actively pursuing issues relating to it with officials at both
the USCIS and the U.S. State Department.
We are confident that we have more knowledge and experience
in K3 visa law than any other law firm in the U.S. and we are prepared
to proceed quickly and efficiently on your case.
Who
Should Use the K3 Visa?
If
you are already married to, or about to marry, someone from another
country, this is the visa for you. This is true in most cases even when you have already filed
the I-130 petition for your spouse.
Obtaining a K-3 visa for your international wife can reduce
the time it takes to get her into the US by two years or more.
If
you are considering marrying overseas, but have not already done so,
we encourage you to call our offices so we may advise you on your
particular situation. Depending
on where you live in the U.S. and where your fiancée lives, it may
or may not be in your best interest to marry your fiancée before bringing
her to the U.S. Call us.
K4
Visas for Unmarried Children of Foreign Spouses
The
foreign spouse's unmarried children under the age of twenty-one can
be included in the parent's petition and receive K4 visas with
the same privileges as the parent's K3 visa. 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.
Who
Cannot Use the K3 Visa?
The
K3 visa can only be obtained by the spouse of a United States citizen.
Wives of permanent residents cannot receive the K-3 visa.
Children who are married or over the age of twenty-one cannot
receive the K4 visa. 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.
You should definitely call us for advice before making any
decision about marrying a foreigner who is currently in the U.S. on
any visa other than a K1 fiancee visa which you sponsored.
.
Questions
I
am absolutely certain that you have questions concerning this new
type of spousal K3 visa for international marriages.
If you will call us we will be glad to answer them.
If you are married and waiting for your spouse to be able to
enter the U.S., whether or not you have already filed an I-130 with
the USCIS, this is probably the visa for you.
If you are considering marrying your fiancée overseas, you
are well advised to call us first to determine whether the K3 visa
( marriage visa ) or K1 visa ( fiancee visa ) is appropriate
in your case. Remember,
WE DO NOT CHARGE for phone consultations.
