For nationals who are spouses of U.S. Citizens, as well as their children, there are two types of visas needed to immigrate to the United States. The K-3 visa involves the spouse, and the K-4 visa involves the children.

In order for the foreign spouse of a U.S. Citizen to qualify for a K-3 Visa, certain requirements must be met including the following:

• The petitioning spouse must be a U.S. Citizen;
• The U.S. Citizen must be legally married to their foreign husband or wife;
• The spouse must be otherwise admissible to the U.S.

Filing Process

In order to begin the process to obtain a K-3 Visa you must first file an Immigrant Petition for Alien relative (Form I-130) for the spouse with the USCIS office serving the area where you live. At this point, USCIS will send a Notice of Action Receipt Notice indicating that the Petition has been received. Subsequently, the Petition for Alien Fiancé(e) (Form I-129F) may then be filed for the spouse and any children. The I-129F Petition must be filed with supporting documents and a copy of the Notice of Action (I-797) Receipt Notice.

Once USCIS approves the I-129F it is sent to the National Visa Center (NVC). Subsequently, the NVC provides the Petition to the Embassy or Consulate in the country where the marriage took place. At this point an interview will be scheduled for the spouse of the American citizen in the country where the marriage occurred. Unless the marriage occurred in the United States). The spouse of the United States citizen is required to bring extensive documentation to the interview including but not limited to the following: police certificates from all places lived since the age of 16; marriage certificate for the spouse; death and divorce certificates from any previous marriages; birth certificates; medical examination report(s); passport valid for travel to the United States; non-immigrant Visa photos; proof of financial support potentially including an affidavit of support; and, payment for fees.

Additionally, the Consular Officer may ask for further information in order to establish proof of a bona fide marriage. At Colombo, Hurd & Brandt we have experience in dealing with consulates throughout the world and thus have extensive knowledge concerning the potential requirements at a variety of consulates. However, the consular requirements change on a frequent basis and accordingly it is extremely important to be kept up to date on any new requirements.

In order to bring an unmarried child of your spouse under the age of 18 to the United States a K-4 Visa may be utilized. Such children are not required to file a separate Petition for Alien Relative initially but you must ensure that the names of all children are provided on the Petition for Alien Fiancé I-129F Petition. Once the children are present in the United States then an adjustment of status is filed separately for the children.

Contact our marriage and fiancé visa attorney’s at Colombo, Hurd & Brandt today for an initial consultation at 1 (800)549-5523.