K-3 Spouse Visa

• Am I eligible for a K-3 visa or a K-4 visa?
• How do I file?
• What happens after I file?
• How long will it take USCIS to process my petition?
• Help with K-3 Spouse Visas

A new visa category allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category while the immigrant petition is pending with USCIS. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.

Am I eligible for a K-3 visa?

The K-3 visa is available to foreign nationals who meet the following criteria:

• Concluded a valid marriage with a citizen of the United States
• A relative petition (Form I-130) has been 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
• An approved Form I-129F Petition, forwarded to the American consulate abroad

The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the non-citizen spouse.

Who qualifies for a K-4 visa?

You may receive a K-4 visa if you are under 21 years of age and are the unmarried child of an alien eligible to be a K-3.

How do I file?

General instructions are included with the I-129F petition, and USCIS posts updates and fees on its web site. The I-129F is a legal case and mistakes or misrepresentations can jeopardize your spouse's or child's chances of entering the United States. You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the application is complete and includes all of the necessary evidence to support your eligibility.

What happens after I file?

After your petition is filed, USCIS will mail you an official receipt so you can track the processing of your case. If your application is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays.

After the petition is approved, USCIS will send notice to the U.S. consulate where your spouse or child may request an interview and apply for the visa.

How long will it take USCIS to process my petition?

Processing time depends on a number of factors. You can check USCIS current processing times on our web site.

Help with K-3 Spouse Visas

D.Ray Mantle assists families in obtaining positive immigration results in a timely, personal and professional manner. With the Law Office of D.Ray Mantle, your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and also ensures that your final application meets all government requirements. Learn how an experienced immigration attorney can help you reach your immigration goals: Why MantleWorks.

If you would like to understand more about the application process and to find out if you or your spouse qualify for a K-3 visa, please contact D.Ray Mantle for a consultation.