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| WORK-BASED VISAS |
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MEDICAL PROFESSIONAL IMMIGRATION |
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K-3 Spouse Visa
When a U.S. citizen has married a foreign person, and now wishes to bring that spouse to the U.S., a K-3 Spouse Visa can be applied for. The K-3 visa enables the foreign spouse to live and work in the U.S. while applying for the green card (either within the U.S. or at the U.S. consulate in the country of last residence).
In order for the foreign spouse to obtain a K-3 visa, the U.S. citizen spouse must file a petition with Citizenship and Immigration Services (CIS). In this petition, the spouses must prove that they are legally married, and were free to marry at the time they married.
Once the receipt notice (not the approval) is obtained from filing the petition, the U.S. citizen files a second petition with the CIS for the K-3 visa. After the petition for the K-3 visa is approved, the foreign spouse must submit a K-3 visa application to the U.S. consulate located in his/her place of residence. Or, if the couple married in a country other than the foreign spouse's country of residence, then the K-3 Visa must be applied for in the country where the marriage took place, if that country was not the United States.
The foreign spouse can then enter the U.S., and apply for the green card, either within the U.S. through the CIS, or outside the country through the U.S. consulate in the foreign spouse’s place of residence.
For children of K-3 spouses of U.S. citizens, the K-4 visa is available.
| Additional advantages of the K-3 Visa |
| With the K-3 visa, it is not a problem that the foreign spouse enters the U.S. under a non-immigrant visa namely the K-3 Visa, and intends to immigrate. |
| If a U.S. citizen and a foreign fiancé(e) intend to marry in the U.S., and the foreign spouse enters the US with a B-2 tourist visa or under the Visa Waiver Program (without a visa), the foreign fiancé(e) can be accused of preconceived intent or visa fraud. (This can have serious adverse effects on the subsequent green card case pursued by the foreign spouse). Therefore it is important for a U.S. citizen and foreign fiancé(e) who intend to marry, to pursue either a K-1 Fiancé(e) Visa or else the K-3 Spouse Visa. For further information on the green card process for spouses of U.S. citizens, please read our page on the Green Card Petitions for Relatives of U.S. Citizens. |
The information above is intended as a general description. Each individual's case requires specific advice and our firm offers an introductory consultation to review your case, the cost of which can be rebated against any retainer. We can assist you in getting settled in the U.S. state of your choice.
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| Main Office: 2020 Cattlemen Road, Suite 100 Sarasota, Florida 34232 Phone: Fax: |
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South Office: 13180 N. Cleveland Avenue, Suite 112 N. Fort Myers, Florida 33903 Phone: Fax: |
© 2003 Anthony Olson, P.A. All logos and trade marks or names are the property of their respective owners and are used for identification purposes only. Page uploaded 11/27/2007.
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