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K-3 Temporary Visa for Spouses

New Jersey Immigration Attorneys Helping to Connect Families

The Department of Homeland Security allows spouses of United States citizens to obtain a temporary visa into the United States, under the right conditions, known as a K-3 visa. These are often paired with a K-4 visa, which is available to minor children of the foreign of the spouse to come with them into the United States for the same period of time allotted to the spouse.

While these are named temporary visas, the intention with those who obtain them is to turn them into a permanent stay, as well as for the children, and the government encourages this as long as the proper paper work is filled out and all of the other conditions are met. The K-3 serves as a place holder until the immigrating spouse can have their Form I-130 Petition passed by the Department of State.

Determining Your Eligibility

As mentioned before the K-3 and the K-4 often go hand in hand, and when used together, they tend to expire and stay active with each other. Eligibility is simple, but it still needs to be met.

Foreign spouses and their children are eligible if the following statements are true:

  • The immigrating spouse is married to a full United States citizen
  • The immigrating spouse has had their US citizen spouse file a Form I-130 on their behalf
  • The child is younger than 21 years old and is not married
  • The child is in fact the child of the qualified, K-3 immigrating spouse

The temporary visa comes with a number of benefits but also a number of limitations, as with most temporary visas, and the fate of their staying in the U.S. is dependent on the success of the I-130.

How a K-3 Temporary Visa May Expire

Remember that the K-3 is simply a placeholder for the Petition Alien Spouse Form I-130 that needs to be filed before the K-3 can even be granted. The Form I-130 will take a while, so the K-3 allows the wait to be endured legally and comfortably. Both for spouses and for their children, they can be voided in this time.

The most common reasons a K-3 or a K-4 would be expired are as follows:

  • The marriage between the citizen and immigrated spouse ends with divorce or is annulled
  • The State Department does not approve the Form I-130
  • The minor becomes married while in the United States
  • The minor turns 21 years old, and their parents have not filed for their Form I-130

Overall, the temporary visa is dependent on the success of the Form I-130 and the marriage between the immigrating spouse and the United States citizen. If successful, citizenship can be earned, and during even the K-3 waiting period, the immigrating individuals are often authorized to work in the U.S.

Call our offices today at (800) 909-8129 to get started with your Form I-130, establish your temporary K-3 visa, and start your new life with your spouse in the United states.

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Conveniently Located At

4713 Bergenline Avenue
Union City, NJ 07087

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Speak with our attorneys today to talk about your situation and we will walk you through your options.

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Common Questions

  • I am a fiancée of a U.S. citizen living outside the U.S. How can I enter the U.S. to marry?

    Your fiancée must apply for a Fiancée Visa, also known as the K-1 Visa. The visa is for parties who have physically met within the past two years, have an intent to marry, and can document a relationship together. The visa is only for those who are residing abroad and cannot be used if the alien is in the US. The application is filed from within the US and when approved, will be forwarded to the American Consular where the alien fiancée will apply for the visa and be interviewed by an officer - usually about 8-12 months from the date of filing.

  • I live in the U.S. and I am marrying a U.S. citizen. How can I get a green card and become a permanent resident?

    Assuming you have entered the US with a visa or are protected by an old law called 245i, you may be eligible to adjust status to receive a green card from within the US. If you have been illegally present for more than 6 months, you cannot travel until the green card is in hand. Current processing time is about 5-7 months.

  • I live outside the U.S. and I married a U.S citizen. How can I come to the U.S. to live?

    To enter the US after a marriage to a US Citizen, you would go through Consular Processing. Paperwork would be filed in the US and forwarded to the embassy abroad to schedule an interview. The processing time frame from start to finish is between 9-11 months, depending on the embassy abroad. The process is document-intensive and requires careful attention to detail.

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Staying Current to Provide Our Clients the Best Protection

Our Founding Attorney Lloyd E. Bennett, Esq. is one of the rare attorneys with as many as 30 plus years of experience in the field who possess the drive to constantly learn more to better advocate for his clients. Immigration law is a field that changes constantly as world politics unfold, new leaders front the United States and immigration processes change. In order to stay on top of this, Attorney Bennett remains an active member of the American Immigration Lawyers Association (AILA) based in Washington D.C. and the New Jersey Chapter of AILA for which he is a former chapter chair. Attorney Bennett constantly attends conferences and presentations which analyze changes in immigration law and procedure to provide the most up to date advice for his clients. He is also a frequent speaker at civic events in New Jersey. His role in the immigration law community keeps his representation on the cutting edge.

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