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Basic Information about K3 Marriage Visas

 

 

What is a K3 Marriage Visa?

A K3 Visa (Spousal Visa) is a travel document that allows the spouse of a US. 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 K3 Visa was created by the U.S. to create a way to allow spouses to enter the U.S. while they waited for the US Citizen Citizen’s Petition to be approved..

 

 


How long does it take to get approval of the I-130 petition?

Generally speaking, without the assistance of an Attorney, the process can takes from
8-12 months. With the help of our firm, we believe that the processing time will be greatly improved. U.S. Marriage-Based Immigration Visa Petitioners must first file their I-130 Petition and all other supporting documentation with the USCIS Service Center assigned to their
specific state of residence. Our extended work hours, unique experience, and exclusive
practice of K1 Fiancee Visa and Marriage Visa Law, translates into quicker preparation
and turn-around time for your case. In fact, most petitions and accompanying documents are prepared and sent to our clients for signatures within 48 hours of receiving completed questionnaires and all checklist documents. Our customized software and e-Center also allows us to send you and your spouse everything you need via email for your final review, printing,
and signatures. This is extremely helpful for many third world countries where the mail
(even express services) is often unreliable and slow.

Once you are approved, your petition is forwarded to the National Service Center for further processing (allow at least one week) and then sent to the appropriate foreign consulate for continued processing overseas.

While there are a number of uniform requirements and laws that each foreign consulate must adhere to, most have their own unique way in which they handle the Marriage Visa process. Thus, timeframes can vary depending upon factors such as specific foreign consular section agendas, visa application backlogs, or any unique requirements of the U.S. Consular Section
at your spouse’s country or place of filing.

Generally speaking, once most consulates receive your approval from the USCIS, and
assuming your spouse has the properly prepared paperwork and documentation, you can expect to wait between 3 to 12 weeks for the eventual interview and issuance of the Marriage Visa depending upon your spouse's country.


 

Once the K3 Visa is issued, can the foreign spouse be free to go to the United States?

The spouse is free to enter the United States and wait for the I-130 Petition to be approved.

 

What are the necessary steps to obtain a K3 Visa?

There are Four major steps to obtaining a K3 Visa.

Step 1. You must first file and receive receipt of a pending I-130 Immigration Visa Petition with the United States Citizenship and Immigration Services (USCIS).

Step 2. After receipt of the I-130 Petition filing, the next step for obtaining a K3 Visa involves the additional filing of an I-129F Petition by the U.S. Citizen (also known as the "Petitioner"). This petition is filed at The National Service Center, instead of the jurisdiction in which the U.S. Citizen lives like with a K1 Fiance Visa.

Step 3. Once the I-129F Petition has been approved by the USCIS, the next step involves the filing of the foreign spouse's K3 Visa application.

Step 4. Once all of the necessary forms are filed, the last step is the Foreign Spouse’s interview.

After all steps have been satisfactorily completed, then the Marriage Visa will be issued by the U.S. Embassy or Consulate in the country where the couple were married.


 

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