This is a very exciting time for you. You fell in love, and you got married. Now, the only issue is that your spouse is in the United States while you’re in a foreign country.
Thankfully, you have options so that you can reunite and live in the U.S. with your spouse. The first route you may want to try is obtaining a K-3 visa.
Learn all about the K-3 visa, how to apply for it, its benefits, and the other choices you may have when it comes to lawfully living in the U.S. with your spouse.
What Is a K-3 Visa?
A K-3 visa, also known as a K-3 nonimmigrant visa, is for foreign spouses of U.S. citizens. To be eligible for a K-3 visa, your spouse must be a citizen – not a lawful permanent resident. You also need to currently live outside of the United States and meet income requirements. Your spouse’s adjusted gross income must be at least 100% of the Federal Poverty Guidelines, and if it doesn’t, they need to fill out an affidavit that they are going to take financial responsibility for you.
Another step that’s required is filing I-130, Petition for Alien Relative, through U.S. Citizenship and Immigration Services. You can easily file that online. Your application needs to be pending but not approved. If you have children, then you need to fill out a K-4 nonimmigrant visa. They need to be under 21 years old and unmarried in order to qualify for the visa.
Benefits of a K-3 Visa
The main benefit of the K-3 visa is that you can reunite with your spouse in the United States while waiting for your marriage green card. You can feel like you’re taking the first step to building your life together and getting everything in order, including your home.
However, many people choose to skip the step of applying for a K-3 visa because of the long processing times – it takes six to nine months to get it. It could take you that same amount of time to get your green card or permanent residency. This is just an extra step for most people. It’s up to you and your spouse to decide if you want to go through with it.
Getting a Marriage Green Card
Let’s say you want to get a marriage green card instead. You will have permanent resident status once you get it and be eligible to apply for U.S. citizenship within three years. You’ll be able to live and work anywhere you want in the U.S. Typically, it takes 17 months to get your green card.
You will need to submit Form 1-30 and all the supporting documents required, as well as pay the fees for the green card. If you’re in the U.S., it costs $1,760, and if you’re outside of the U.S., it costs $1,200. You’ll need to pay for a medical examination as well and be required to show that your marriage is legitimate and your spouse is a U.S. citizen.
USCIS is going to test you and your spouse and ask you questions about your relationship to determine that it is indeed real. Be prepared to answer questions regarding how you met, what your wedding was like, and your marital home.
Contact a Florida Immigration Attorney
Do you have questions about obtaining your K-1 visa in Florida? Then contact Florida Immigration Law Counsel through our website or by calling 1-800-666-4996. We deal with the government so you don’t have to. We look forward to assisting you.
