New Jersey K3 Spouse Visa Lawyer

The Department of Homeland Security allows spouses of United States citizens married abroad 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 spouse to allow them to come with them into the United States for the same period of time allotted to the spouse. This visa is not often used due to the lengthy processing times of almost two years.  Unless the processing times change this visa is not helpful and should be avoided as regular consular processing will take as long and upon approval of consular processing the foreign spouse enters the US with a green card. A New Jersey K3 Spouse Visa Lawyer could help you understand your options. Our skilled attorneys have the experience you need.

How do I Determine if I’m Eligible?

Foreign spouses and their children are eligible for a visa 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 and a receipt notice was issued noting the case is pending at USIS.
• 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 may my K-3 Temporary Visa 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 time to approve. The K-3/K-4 allows the spouse and child to enter the U.S. and wait. However, the K-3/K-4 can expire.

The most common reasons a K-3 or a K-4 would expire 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

Call our offices today at (201) 330-8883 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. Our New Jersey K3 spouse visa lawyer is here to help.