Existing Spouse of a U.S. Citizen (K3/K4 Visa)

The K-3 non-immigrant visa is for the foreign national spouse who is currently married to a U.S. citizen (USC).  Any unmarried minor children under 21 as a result of the marriage are eligible for the K-4 visa as derivative beneficiaries.  The purpose of the K-3 visa is to shorten the physical separation between the USC and his foreign national spouse (and any minor children) by allowing them to enter the United States to wait for an approved immigrant visa petition. 

If the marriage between the USC and the foreign national spouse occurred overseas, then the foreign national spouse must apply for the K-3 visa in the country where the marriage took place.  Other relatives of U.S. citizens, as well as any relatives of legal permanent residents (LPRs), are not eligible for the K-3/K-4 visa. 

To begin the process, the USC petitioner must file Form I-130 and receive an approval notice from USCIS before the spousal beneficiary applies for the K-3 visa.  To initiate the the K-3 visa process, Form I-129F must be filed and approved.  When initially filling for Question 21 of Form I-130, the USC petitioner may state that their spouse beneficiary will apply for adjustment of status in the United States.  If the USC petitioner originally stated under an approved I-130 petition that the alien beneficiary would apply for adjustment of status then....

You are not eligible if

  1. The petitioner or beneficiary was not physically present at the marriage ceremony and the marriage was not consummated.

  2. The beneficiary gained legal permanent resident status through a previous marriage to a U.S. citizen or permanent resident and five years have not passed.

  3. The beneficiary gained legal permanent resident status through a previous marriage to a U.S. citizen or permanent resident and you cannot establish through evidence that the marriage was entered for reasons other than obtaining immigration benefits.

  4. The beneficiary gained legal permanent resident status through a previous marriage to a U.S. citizen or permanent resident and the marriage was not terminated by the death of the spouse.

  5. The petitioner or beneficiary has been legally determined to have attempted or conspired to enter a marriage for the purpose of illegally obtaining immigration benefits.

  6. The petitioner married the beneficiary while he or she was the subject of exclusion, deportation, removal or rescission proceedings unless you can prove that the marriage was valid, the petitioner and beneficiary did not get married to procure immigration benefits and that the petitioner was not paid in money or any other consideration to file the petition for the beneficiary.

Process

  1. The petitioner must complete Form I-130, Petition for Alien Relative.
  2. The petitioner must complete a Form I-130 for the beneficiary’s child if they want to be eligible for permanent residence.
  3. Include the Required Evidence.
  4. Then the petitioner must file the Form I-130 and any additional documentation with USCIS.
  5. USCIS will send you a Form I-797, Notice of Action, to inform you of the receipt of your petition.
  6. Then the petitioner must then complete Form I-129F, Petition for Alien Fiancé(e).
  7. If the beneficiary has any children that he or she wants to bring then you should list them on the I-129F.
  8. Include Required Evidence.
  9. The petitioner must file the Form I-129F and any additional documentation with USCIS.
  10. After USCIS approves the petitions they will be sent to the National Visa Center (NVC).
  11. The NVC will first send the Form DS-3032, Choice of Address and Agent, to the beneficiary in order to designate a representative. If you already have an attorney the NVC will not send you this form.
  12. The NVC will then provide instructions on how to pay the required fees.
  13. Once the fees are paid, the NVC will request the Required Immigrant Visa documents.
  14. When the NVC determines that your file is complete with all required documents they will send them to the U.S. embassy or consulate of the country where the petitioner and beneficiary were originally married. If they were married in the U.S. then the documents will be sent to the embassy or consulate in the country of the beneficiary’s residence.
  15. About a month before the interview the petitioner and beneficiary will be notified of the time and place and given instructions on how to obtain a medical examination.
  16. Then the beneficiary and all eligible children must schedule and complete a medical examination using Form I-693, Report of Medical Examination. In order to apply for permanent residence later you should also complete the vaccination requirement.
  17. The beneficiary must then attend the Immigrant Visa Interview at the designated U.S. embassy or consulate with all required documents and all eligible children.
  18. If approved the consular officer will return your passport with the K-3 visa and a sealed packet with all of your documents. It is important to remember not to open the packet.
  19. Travel to the U.S. with all eligible children before the expiration date printed on the visa and give the sealed packet to the Customs and Border Protection officer.
  20. If found admissible the beneficiary will be able to apply for permanent resident status.
  21. Complete Form I-485, Application to Register Permanent Residence.
  22. If the beneficiary has a K-4 child then they must file Form I-485 separately.
  23. Include all Initial Evidence.
  24. File the Form I-485 and any additional documentation with USCIS.
  25. After filing, USCIS will notify the petitoner of the time and place for a required biometrics appointment.
  26. USCIS will determine whether you qualify for permanent resident status and will notify the petitioner via notice by mail.
  27. If at the time of approval the marriage between the petitioner and the beneficiary was less than 2 years old then the beneficiary’s permanent residence will be issued on a conditional basis.
  28. The beneficiary and petitioner will then have to wait until 90 days prior to the expiration of the permanent resident status in order to jointly file a Form I-751, Petition to Remove Conditions of Residence.

Why Purchase?

The Spouse of LPR iKit is prepared by a lawyer listed in the Best Lawyers in America and contains exclusive hints and tips that have been obtained through more than 35+ years of legal experience, exclusively in the area of Immigration and Nationality law.  This iKit:


   1. Is not a "One Size Fits All" iKit and is tailored for a Spouse's Adjustment of Status while in the United States

   2. Includes value-added Attorney insider practice tips and pointers beyond common knowledge/research available to the public

   3. Is continually updated when Immigration Law / Procedure changes

   4. Helps our customers avoid common mistakes

   5. Eliminates any potential misinterpretation of USCIS instructions

   6. Empowers and educates you to confidently take control of your immigration goals


iKit Benefits

There are many benefits in purchasing an iKit, some of which are as follows:

  1. Pay only a small fraction of the fee that you would have paid for full attorney representation
  2. Full control over your Immigration case
  3. No appointment with an an attorney
  4. Peace of Mind knowing that your case was submitted accurately and efficiently the first time

FAQs



Q1.  Why doesn't Immigration Links have a Call Center to fill the I-539 form for me?
First, everyone's situation is unique and there is no "one size fits all" approach when requesting an extension of stay.  Second, the iKit competently equips you to handle your case as if an attorney had prepared your case.  When you follow the instructions in the iKit, you will appreciate the time, thought, and effort placed in the iKit.

Q2.  How many pages are in the Extension of Stay iKit?
There are a total of twenty pages in this iKit, nine of which are dedicated exclusively for our true "Line-by-Line" instructions, Application Checklist, and a sample Cover Letter.

Q3.  Can you guarantee that I will receive my Extension of Stay?
There are no guarantees in life, however, if you read and follow the iKit you will obtain the Peace of Mind knowing that your application was submitted correctly the first time.

Q4.  I read the iKit, but I would rather have an attorney from ImmigrationLinks.com prepare my case?
Well, you actually have two options.  The first option is to purchase our "Forms Review" service, which is exclusively offered to purchasers of our iKits where an immigration attorney reviews the I-539, the mandatory documents that are to be submitted to USCIS, and the cover letter that you have prepared.  This is a flat fee cost.  The second option is for you to purchase our "Forms Preparation" service, where an immigration attorney prepares the I-539 and the cover letter, and directs you to gather all mandatory documentation.  This is also at a flat fee.  For further detail click on the "Forms Review" and/or "Forms Preparation" buttons located in the upper right hand of your screen.
 
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ImmigrationLinks Qualifications

  1. Petitioner must be a U.S. Citizen
  2. Alien spouse is outside of the United States
  3. Must have entered into a valid marriage
  4. Must apply for the visa in the country where the marriage took place (limited exceptions apply)
  5. Alien spouse must not have committed certain criminal or immigration law violations (although a waiver may be available)
  6. Alien will enter with a non-immigrant visa and then apply for adjustment of status in the U.S.

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