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Commonly asked Questions about the Marriage-Based Visa
(aka Spousal Visa)

▪ Once approved, how long is the I-130 Petition valid for and what happens if it expires before the spouse's visa interview?

Approved I-130 Petitions are valid for four months. Once they expire, they may be revalidated by a Consular Officer at the embassy of record prior to the marriage visa interview.

▪ Once the Spousal Visa is issued, how long does the spouse have to enter the United States?

A Spousal Visa is valid for a period of six months and, generally, may only be used for one entry into the United States.

▪ Will the spouse be able to work once they enter the United States on a Spousal Visa?

Yes. A few months after entering the U.S. they will receive their Permanent Resident Card (Green Card) which entitles them to work in the U.S.

▪ Is the Spousal Visa issued immediately following the embassy interview?

Each embassy has its own unique procedures. Some issue the Spousal Visa the same day and others process it within a few weeks and have it mailed by courier.

▪ Can a Permanent Resident file a petition for a Spousal Visa?

Yes. However, it is worth noting that they may not file for a K3 Visa to speed up the time in which the spouse may enter the United States.

▪ Does it matter what state I live in if I want to use the Law Offices of Jeffrey C. Pettys to help me get a Visa for my spouse?

No. Our offices can assist any US Citizen and most Residents living in all fifty states, which includes:

Alabama
Indiana
Nebraska
South Carolina
Alaska
Iowa
Nevada
South Dakota
Arizona
Kansas
New Hampshire
Tennessee
Arkansas
Kentucky
New Jersey
Texas
California
Louisiana
New Mexico
Utah
Colorado
Maine
New York
Vermont
Connecticut
Maryland
North Carolina
Virginia
Delaware
Massachusetts
North Dakota
Washington
Florida
Michigan
Ohio
West Virginia
Georgia
Minnesota
Oklahoma
Wisconsin
Hawaii
Mississippi
Oregon
Wyoming
Idaho
Missouri
Pennsylvania
 
Illinois
Montana
Rhode Island
 
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A K-3 Visa is a travel document that allows the spouse of a U.S. Citizen (not a U.S. Resident), who has an I-130 Immigration Visa Petition pending, to enter the United States prior to USCIS approval of the I-130 Petition. The K-3 Visa was created by the U.S. to create a way to allow spouses to enter the U.S. while they waited for the U.S. Citizen’s Petition to be approved.

 
The Law Office of Jeffrey C. Pettys, Immigration and Nationality Law Practice
Contact Atty Jeffrey Pettys 1-888-515-3529 Contact Attorney Jeffrey Pettys