K-3 Nonimmigrant Visa Lawyers

Skilled K-3 Visa Attorneys

SimVisa is a trusted immigration law firm dedicated to providing exceptional legal services for individuals and families navigating the U.S. immigration system. Based in Chicago, our firm serves clients nationwide, helping them reunite with their loved ones overseas.

We understand the unique challenges that come with obtaining a visa. Our knowledgeable immigration attorneys are well-versed in the intricacies of immigration law and know all the ins and outs of K-3 visa applications. We offer clients an accelerated pathway to bring their loved ones living abroad to the United States.

What Is a K-3 Visa?

The K-3 visa is a nonimmigrant visa intended to help married couples avoid prolonged separation during the immigrant process. It allows a foreign national spouse to temporarily enter the U.S. while awaiting the approval of their immigrant visa petition.

The K-3 visa process is structured so as to shorten the physical separation between spouses and provide families with a way to reunite quickly. While awaiting permanent residency, K-3 visa holders can legally live and work in the U.S.

Who Is Eligible for a K-3 Visa?

Eligibility for a K-3 visa is primarily based on the marital relationship between the U.S. citizen petitioner and the foreign national spouse. To qualify for a K-3 visa, the following conditions must be met:

Marriage

The petitioner must be a U.S. citizen, and there must be a valid and legally recognized marriage between them and their foreign national spouse. Same-sex spouses are equally eligible. However, common-law marriages may not qualify. The K-3 visa also isn't available to spouses of U.S. green card holders.

Immigrant Visa Petition

The U.S. citizen petitioner must have filed Form I-130, Petition for Alien Relative, and Form I-129F, Petition for Alien Fiancé(e), on behalf of the foreign spouse with U.S. Citizenship and Immigration Services (USCIS).

Intent to Live Together

The petitioner and their foreign spouse must have the genuine intention to live together as a married couple in the United States once the immigrant visa is approved.

The primary purpose of the K-3 visa is to allow the foreign spouse to enter the U.S. temporarily to await the processing of their immigrant visa. Therefore, the couple must intend to live together in the U.S. for the entire duration of this period.

Admissibility

The foreign spouse must meet the standard requirements for admissibility into the U.S. As such, they can display no factors that would make them inadmissible, such as a criminal history or certain disqualifying health conditions.

It's important to note that these eligibility requirements and procedures could change over time, and there may be additional requirements or considerations depending on your individual circumstances.

How Long Does It Take to Process a K-3 Visa Application?

The average processing time for a K-3 visa is around 19 months, nearly equivalent to the timeline for USCIS to approve a marriage green card. Given this extended processing period, many find the K-3 visa option less appealing due to the added complexity and expense, which includes fees for each document filed.

If you’re unsure which path is best for you, SimVisa’s dedicated immigration attorneys can guide you through the available options. Complete our simple five-minute questionnaire to get assistance exploring your options. Start your journey today!

The K-3 Visa Process

The process of obtaining a K-3 visa involves several steps, from filing the initial petitions to the eventual arrival of the foreign spouse in the United States. Here's a general overview:

File Form I-130

The process begins with the U.S. citizen petitioner filing Form I-130, Petition for Alien Relative, with USCIS. This form establishes the qualifying relationship between the U.S. citizen and the foreign spouse.

File Form I-129F

Concurrently or shortly after filing Form I-130, the petitioner should file Form I-129F, Petition for Alien Fiancé(e), also with USCIS. This petition requests K-3 nonimmigrant status for the foreign-born spouse and expedites their ability to enter the U.S. while the immigrant visa application is pending.

Await USCIS Processing

Both forms will undergo review by USCIS officials, who will ensure that all information is valid and consistent. Once they approve Form I-129F, they’ll forward it to the National Visa Center (NVC) to begin the next stage of processing.

Await NVC Processing

Upon receiving Form I-129F, the NVC will assign a case number and forward the petition to the appropriate U.S. Embassy or Consulate in the foreign spouse's home country. The agency will also provide instructions for submitting required documents.

Await Embassy or Consulate Processing

Next, the U.S. Embassy or Consulate will contact the foreign spouse with instructions for how to proceed with the K-3 visa application. This may include completing Form DS-160, undergoing a medical examination, and attending an interview.

The foreign-born spouse is required to submit key civil documents, including:

• A marriage certificate to verify the marital relationship.
• Police certificates to demonstrate good moral character.
• A valid passport for travel authorization.
• Medical examination results to confirm admissibility.

Without these crucial documents, the application process cannot proceed.

Attend a Visa Interview

The foreign spouse must submit to an interview at the U.S. Embassy or Consulate in their home country. During this interview, they'll be asked to provide documentation demonstrating the bona fide nature of their marriage. The consular officer will also verify that the applicant meets all eligibility requirements.

Receive the K-3 Visa

If their interview is successful, the foreign spouse will be issued a K-3 visa, allowing them to travel to the United States to be with their loved one. Once there, they can live and work legally while awaiting the approval of their immigrant visa application. They may also apply for employment authorization to begin working sooner.

File for Adjustment of Status

In the United States, the foreign spouse can file Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain lawful permanent resident status (green card). This step transitions their status from temporary to permanent residency, allowing them to enjoy the full benefits of living in the U.S.

Togetherness Is Within Reach — Contact SimVisa for Reliable K-3 Visa Assistance

Trust SimVisa to facilitate a seamless K-3 visa application process. Your journey to reunite with your spouse begins here.

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How SimVisa Can Help with K-3 Visas

We understand that the visa application process can be complicated and time-consuming, with many opportunities for errors or delays. That's why we focus on offering authoritative insight and ensuring a smooth, successful transition for petitioners and their spouses.

Here's how we can assist you with your K-3 visa:

• Evaluating your case: We'll assess your eligibility and present a clear summary of your options.
• Preparing documents: Our legal professionals will meticulously prepare and review all required documents for accuracy and completeness.
• Gathering evidence: We'll advise you as you collect essential evidence to support your case and demonstrate the bona fide nature of your marriage.
• Completing forms: Our team can help you fill out forms correctly and submit them in a timely manner.
• Handling requests for evidence: If necessary, we can help you respond to requests for evidence (RFEs) from USCIS to strengthen your case.
• Managing appeals: In the event of a denial, we can review your case and file an appeal on your behalf.
• Offering continued support: We'll keep you informed about your case's progress and provide support every step of the way.

Choosing SimVisa means getting it right the first time, which in turn means saving time and money and avoiding the stress of potential setbacks. Let us help you complete the K-3 visa process and pave the way for a happy reunion.