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What is K-3 Visa?

Can US citizen spouse file for k3 visa if he filed bankruptcy? – Immigration – Avvo.com http://ping.fm/secFQ

Will my spouse qualified for K-3 Visa?

The LIFE Act expands the criteria for “K” visas beyond status for fiancés of U.S. citizens. Under LIFE, a new K3 status is created for spouses of U.S. citizens. The K3 visa is not intended to be a prerequisite for the admission of U.S. Citizens’ spouses. It is meant to be a speedy mechanism for the spouse of a U.S. citizen to join that U.S. citizen spouse and obtain the immigrant visa/status in the United States, rather than wait for long periods of time outside the United States.  

The K3 visa allows these spouses to enter the United States to await BCIS approval of the I-130 petition.  K3 issuance may further depend on BCIS approval of some type of petition for non-immigrant status filed in the United States by the U.S. citizen petitioner, the exact nature of which has not yet been determined by BCIS .  For those couples married outside the United States, the non-immigrant K3 visa must be “issued by a consular officer in the foreign state in which the marriage was concluded,” according to the LIFE Act.  An unmarried child of a K3 applicant only needs to demonstrate that he/she is the child of an alien entitled to K3 status in order to obtain a K4 visa. No petition filed on the child’s behalf is required.  

Unlike the V visa classification, the K3 visa is a permanent addition to the list of NIV categories. Under the LIFE Act, an alien spouse of a U.S. citizen who is the beneficiary of a classification petition filed under section 204 of the INA before, on, or after the date of enactment of the LIFE Act is eligible for K3 classification. 

 The regulations have been issued on this visa, and therefore, people can now use this visa to bring their spouses to the U.S. The unmarried children under 21 years of age can come into the U.S. on the K-4 Visa.

Is Fiancee Visa takes time to approved?

This is the alternative to waiting outside the United States for nearly a year to be with your spouse. Rather than getting married outside the United States, you can have a Fiancée Visa issued in a very short time. In fact, it usually takes only thirty to forty-five days to get an approval from the Bureau of Citizenship and Immigration Services.

Once the visa is issued, your fiancée will come to the United States and you will get married within ninety days in the United States. Afterwards, your spouse will be with you in the United States while awaiting issuance of the Green Card. Your spouse can also leave the United States without any problem of returning.

Any children that your fiancée has can also come to the United States once the visa is issued. This visa automatically allows your fiancée to work upon entry to the United States.

Consular Processing Procedures

Consular Processing is the procedure whereby you go to the appropriate United States Consulate to get your applications processed for either your Lawful Permanent Residence or for a myriad of different types of work permits. 

Our law firm can prepare anyone of the numerous petitions necessary for you to enter the United States. This includes any type of immigrant or nonimmigrant petitions. Additionally, we can prepare any type of waiver for previous incidents whereby you may have been found to be inadmissible to the United States. 

Our law firm can help in another major way. One of our immigration attorneys who is familiar with consular practice can accompany you to the interview and help with every aspect of the interview. This will give you the maximum chance of success

Child Summary

This information is for United States (U.S.) citizens and lawful permanent residents who wish to bring their child(ren) to live permanently in the U.S. : Information concerning the new K (advance admission for the spouse and children of a U.S. citizen) and new V (advance admission for the spouse and the minor children of a lawful permanent resident) nonimmigrant categories is available on the temporary visa section of our site.

The immigration law defines a “child” as an unmarried person under the age of 21 (a minor) who is one of the following:

  • A child born to parents who are married to each other (born in wedlock)
  • A stepchild if the marriage creating the step relationship took place before the child reached the age of 18
  • A child born out of wedlock (the parents were not married at the time the child was born). Note: If the father is filing the petition, proof of a bona fide (real and established) relationship with the father must be supplied.
  • An adopted child if the child was adopted before the age of 16 and has lived with the adoptive parent(s) in their legal custody for at least two years
  • An orphan under the age of 16 when an adoptive or prospective adoptive parent files a visa petition on his or her behalf, who has been adopted abroad by a U.S. citizen or is coming to the U.S. for adoption by a U.S. citizen; or
  • A child adopted who is under the age of 18 and the natural sibling of an orphan or adopted child under the age of 16, if adopted with or after the sibling. The child must also otherwise fit the definition of orphan or adopted child.

The immigration law defines a “son or daughter” as a person who was once a “child” but who is now either married or over the age of 21.

A legal immigrant (or “lawful permanent resident”) is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your child or son or daughter to become a legal immigrant.

You must obtain INS approval of an immigrant visa petition that you file for your child, son or daughter. The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required. If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

A U.S. citizen may petition for:

  • A child (unmarried and under 21 years of age)
  • An unmarried son or daughter (over 21 years of age)
  • A married son or daughter of any age
  • A U.S. citizen’s unmarried, minor child is considered an immediate relative, does not need a visa number, and is eligible to receive an immigrant visa immediately. Otherwise, sons and daughters of U.S. citizens will be eligible for a visa when their priority date is listed on the Department of State’s Visa Bulletin .

If your unmarried, minor child was admitted or paroled into the U.S., he or she may file the Form I-485, Application to Register for Permanent Residence or Adjust Status, at the time you file your Form I-130, Petition for Alien Relative.

A lawful permanent resident may petition for:

  • A child (unmarried and under 21 years of age)
  • An unmarried son or daughter (over 21 years of age)
  • A lawful permanent resident may not petition for a married son or daughter.

If you had children before you became a permanent resident and you did not immigrate as an immediate relative of a U.S. citizen, your unmarried, minor children may be eligible to receive following-to-join benefits. This means that you do not have to submit a separate INS Form I-130 (Petition for Alien Relative) for your children, and your children will not have to wait any extra time for a visa number to become available.

How long will it take for my wife to come to the US?

How long will it take for my wife to come to the US? – Immigration – Avvo.com http://ping.fm/wTVs6

Adjustment of Status based on Marriage

Marriage based adjustment of status – Immigration – Avvo.com http://ping.fm/7jofg

Can you immigrate to the United States?

Question: I would like to know if I am eligible to come to the United States and immigrate so I can get my Green Card. I am very confused and am unsure of the possible ways. Can you shed some light on this subject?

Answer: Through family-based immigration, a U.S. citizen or LPR can sponsor his or her close family members for permanent residence. A U.S. citizen can sponsor his or her spouse, parent (if the sponsor is over 21), children, and brothers and sisters. An LPR can sponsor his or her spouse, minor children, and adult unmarried children. As a result of recent changes in the law, all citizens or LPR’s wishing to petition for a family member must have an income at least 125% of the federal poverty level and sign a legally enforceable affidavit to support their family member.

Through employment-based immigration, a U.S. employer can sponsor a foreign-born employee for permanent residence. Typically, the employer must first demonstrate to the Department of Labor that there is no qualified U.S. worker available for the job for which an immigrant visa is being sought.

Through various special related visas for religious persons or multinational managers.

As a refugee or asylee, a person may gain permanent residence in the U.S. A person located outside the United States who seeks protection in the U.S. on the grounds that he or she faces persecution in his or her homeland can enter this country as a refugee. In order to be admitted to the U.S. as a refugee, the person must prove that he or she has a “well-founded fear of persecution” on the basis of at least one of the following internationally recognized grounds: race; religion; membership in a social group; political opinion; or national origin. A person who is already in the United States and fears persecution if sent back to his or her home country may apply for asylum in the U.S. Like a refugee, an asylum applicant must prove that he or she has a “well-founded” fear of persecution based on one of the five enumerated grounds listed above. Once granted asylum, the person is called an “asylee.” In most cases, an individual must apply for asylum within one year of arriving in the U.S. Refugees and asylees may apply for permanent residence after one year in the U.S.

Question: How many immigrants are admitted to the United States every year?

Answer: Family-based immigration is limited by statute to 480,000 persons per year. There is no numerical cap on the number of immediate relatives (spouses, minor unmarried children and parents of U.S. citizens) admitted annually to the U.S. as immigrants. However, the number of immediate relatives is subtracted from the 480,000 cap on family-based immigration to determine the number of other family-based immigrants to be admitted in the following year (with a floor of 226,000). Employment-based immigration is limited by statute to 140,000 persons per year. The United States accepts only a limited number of refugees from around the world each year. This number is determined every year by the President in consultation with Congress. The total number of annual “refugee slots” is divided among different regions of the world. For fiscal year 2003, the number of refugee admissions was set at 70,000.

The numbers may sound like a large amount. However, since so many people want to come into the U.S., there are many people who have to wait 10 to 20 years to have their turn to enter the U.S. as a Lawful Permanent Resident.

Title: I’m over 21, but the law says I’m under 21

Question: I know that the Child Protection Act has been passed on August 6, 2002. However, I am still confused if I fall under this provision. Can you help to clarify?

Answer: Yes. The Child Status Protection Act (CSPA) makes certain allowances for people who have become older than 21 years old, but can still have their applications processed as though they are under 21 years old.

IMMEDIATE RELATIVES: The first category is Immediate Relatives. These people will be able to be considered to be able to immediately apply to adjust their status to that of a Lawful Permanent Resident, even though they may be over 21 years old. If you are in the U.S. and want to adjust your status to that of a Lawful Permanent Resident, there are a couple of grounds upon which to do this under the Immediate Relative provisions of the CSPA.

If you are under 21 years old when a petition is filed for you by your U.S. Citizen parent, you will be considered to have not ‘aged-out’ even if your status is not adjudicated until after you are 21 years old. The critical factor will be when the initial I-130 is filed. It is how old you are on the date the I-130 is filed that will determine if you remain a “child” for purposes of not ‘aging-out’.

Question: What if my parent was a Lawful Permanent Resident when the I-130 was filed, and later became a U.S. Citizen?

Answer: In that case, the critical date that will determine if you are a child who will not age-out will be the date your parent became a U.S. Citizen, not the date the I-130 was filed. For example, let us say that the I-130 was filed when you were 18, and your parent naturalized when you were 20 year old. In this example, even if the adjustment was not done until after you were 21 years old, you would be considered to remain at 20 years old and therefore, not to have aged-out when you turn 21 years old. It makes it critically important that your parent become a U.S. Citizen right way if they are eligible if you happen to be less than 21 years old.

Question: What if my parent is not eligible to become a Naturalized U.S. Citizen? Can I still avail of the CSPA?

Answer: In this case, the date that the Immigration and Naturalization Service will look at to determine if a person is a ‘child’ under the CSPA will not be when the I-130 is filed, nor when the parent would become a U.S. Citizen, but rather, when the priority date becomes current. It is critically important that if you fall under this category, that you make certain that you file for Adjustment of Status within ONE year of the priority date becoming current. Otherwise, you cannot fall under the provisions of the CSPA.

How can I be reunited with my family?

 Question: I am a Lawful Permanent Resident and have petitioned my spouse and child years ago. However, I am heartbroken because I have not been with them in years. Is there anything I can do?

Answer: The Legal Immigration Family Equity Act (LIFE Act) established a nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.

The Visa classification is known as the K-3/4 nonimmigrants. The K3 applies to the spouse and the K4 applies to the children.

Question: Who is Eligible?

Answer: A person may receive a K-3 visa if that person: 1) Has concluded a valid marriage with a citizen of the United States; 2) has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person; 3) seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and, has an approved Form I-129F, Petition for Alien Fiancée, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse,

A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

Question: How Do I Apply?

Answer: So that the alien spouse and child may apply for a K-3 nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for a child, the citizen must file the necessary forms on behalf of the alien spouse with the applicable Service Center having jurisdiction over the citizen’s place of residence. The citizen petitioner will then receive a Form Notice of Action, indicating that the I-130 has been received by the BCIS. The citizen should then file a copy of this notice with the appropriate forms to the BCIS office in Illinois.

Once approved, the petition will be forwarded to the applicable consulate so that the alien beneficiary or beneficiaries may apply to the Department of State for nonimmigrant K-3/K-4 visas.

Question: Will I Get a Work Permit?

Answer: Persons in K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3 or K-4 are eligible to apply for a work permit while their cases are pending.

Question: Can I Travel Outside the United States?

If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.

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