Whenever an American citizen gets married or is planning to do so to a foreign national, there is a strong possibility that there will be need for their spouse to relocate to the United States. This, however, is not a very easy process as many who have gone through it will testify. There are many details required of them and the whole process takes several months if not years to be completed. The k3 marriage visa was designed to hasten the process and has been quite successful so far.
The applicable laws are specific to the particular relationship. There is a variation in the laws governing citizenship of fiancees and those affecting entry of spouses. In the case of a fiancee, one needs to apply for a k-1 do***ent while those that are already married need to complete a k3 form.
As long as one is an American citizen, they are eligible to apply. Usually it takes a shorter period of time to obtain the k1. There are a number of factors that will affect how soon each of these do***ents is obtained. They include, among others, the specific place within the United States where the petition is made, the foreign consulate involved in the processing, changes in the law and the number of pending applications.
If intending to obtain the k3 Visa, the couple should first be married in the home country of the spouse or any other location outside America. This must be a legal process that is accompanied by the issuance of a certificate. In the event that the foreign national is already in the United States, they can still go ahead and get married here but it may be necessary for the spouse to leave and have to wait for the processing of their application. This will, of course, depend on the mode of arrival of this spouse to America.
The first step involved is to fill the I-130 petition form. This has to be reviewed by the USCIS (United States Citizenship and Immigration Services). It is meant to help the spouse get some temporary residence on American soil as they try to complete their request for permanent status. Some choose to apply for a green card which serves the same purpose. Generally, these petitions are faster processed compared to the traditional marriage-based petitions.
The applicant is issued with a receipt of the I-130 which guarantees their spouse temporary residence as they wait to get the permanent status. Children belonging to the alien can also be brought to the United States if they are unmarried minors. These will apply for their citizenship later on. It is possible for the spouse to get a job even at this time as long as they have an employment authorisation do***ent.
Successful applicants are allowed to live in the country for an initial period of two years. They need to renew their stay after expiry of this period. Application for extension is to be done within 120 days of expiry of the initial period. They need to be still married if they are to be granted the extension. If they divorce, their immigration status is terminated within 30 days.
There are numerous processes, as can be seen, involved before one can be issued with a k3 marriage visa. Due to the many details required, there are high chances of making mistakes leading to denials. Legal counsel is, for this reason, very important. Attorneys will of course ask for some fees but this is much cheaper compared to what it will cost one if it does not work.
If people have questions about the K3 marriage visa, they are encouraged to read the information on www.advancedimmigrationlawgroup.net. They can address their questions and concerns about the visa when they visit http://www.advancedimmigrationlawgroup.net.
What One Needs To Know About The K3 Marriage Visa
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