K-3 Visa: A comprehensive guide

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K-3 Visa

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

The K-3 visa is a special nonimmigrant visa that allows spouses of U.S. citizens to enter the United States and wait for their immigrant visa to be approved. Applying for a K-3 visa can be a complicated and lengthy process that often requires the assistance of an experienced attorney. In this guide, we explain why legal representation is essential for applying for a K-3 visa and how it can help you successfully complete the process.

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The K-3 visa

1. overview of the K-3 visa

The K-3 visa was introduced to shorten the waiting time for spouses of U.S. citizens awaiting approval of their immigrant visas. It allows the foreign spouse to enter and remain in the U.S. while the permanent immigrant visa application is being processed. Unlike the K-1 visa, which is for fiancées of U.S. citizens, the K-3 visa is specifically for spouses.

Requirements for applying for the K-3 visa

In order to apply for the K-3 visa, certain requirements must be met. These include providing proof of a valid marriage to a US citizen and submitting the appropriate forms and documents. The process can be complex and requires careful preparation and compliance with the law.

  • Proof of marriage: The marriage must be legal and valid. A copy of the marriage certificate is required.
  • US citizenship of the spouse: The US spouse must provide proof of citizenship.
  • Forms and documents: Various forms must be correctly completed and filed, including Form I-130 (Petition for Alien Relative) and Form I-129F (Petition for Alien Fiancé(e)).

The K-3 visa

2. advantages of legal representation

Applying for a K-3 visa is an extensive process that involves many legal and administrative hurdles. An experienced Lawyer can help you overcome these hurdles and ensure that your application is submitted correctly and completely.

Support with document procurement and preparation

A lawyer can help you obtain and prepare the necessary documents to avoid mistakes that could lead to delays or rejections. These include, but are not limited to:

  • Marriage certificates
  • Birth certificates
  • Police clearance certificates
  • Medical examination results
  • Financial evidence

Current legal developments and requirements

In addition, a lawyer can inform you about the latest legal developments and requirements and ensure that your application complies with current regulations. An experienced Lawyer stays up to date with the latest immigration laws and regulations, giving you a significant advantage.

Efficiency in the application process

Another benefit of legal representation is that a lawyer can help you go through the entire process efficiently. This includes assisting with filing forms, reviewing submitted documents, and preparing for any interviews. An attorney can also help communicate with U.S. immigration authorities and ensure that all inquiries and requests are answered quickly and correctly.

The K-3 visa

3. steps to apply for the K-3 visa

Applying for a K-3 visa requires the submission of several forms and documents. The most important forms include Form I-130 (Petition for Alien Relative) and Form I-129F (Petition for Alien Fiancé(e)). In addition, you will need to submit proof of marriage, identity documents and financial documents.

Submission of forms

The application process involves several steps, including submission of forms, review by U.S. immigration authorities and possibly an interview. It is important to pay close attention to all deadlines and requirements to avoid delays and complications.

  • Form I-130: This form is used to confirm the marriage relationship between the US citizen and the foreign spouse.
  • Form I-129F: This form allows the foreign spouse to enter the U.S. while waiting for the I-130 application to be approved.
  • DS-160: Online Nonimmigrant Visa Application, required for the K-3 visa interview.
  • Affidavit of Support (Form I-864): A document confirming the US citizen's financial support of the spouse.
  • Form G-325A: Biographic Information to collect basic biographical information about the applicant.

Review by the US immigration authorities

Once the forms have been submitted, they will be reviewed by the US immigration authorities. This can take some time and it is important to check the status of the application regularly. A Lawyer can be helpful here by monitoring the status and, if necessary, taking legal action to speed up the process.

Interview

Another important step in the application process is the interview. The foreign spouse may need to complete an interview at the U.S. embassy or consulate in their home country. An attorney can help prepare for this interview and ensure that the applicant has all the necessary documents and information ready.

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The K-3 visa

4. common challenges and solutions

Applying for a K-3 visa can present many challenges. Common mistakes include incomplete or incorrect applications, missing documents or misunderstandings about the requirements. A Lawyer can help you avoid these mistakes and ensure that your application is correct and complete.

Incomplete or incorrect applications

One of the most common mistakes made when applying for a K-3 visa is incomplete or incorrect applications. A lawyer can ensure that all required forms are filled out and submitted correctly. This significantly reduces the risk of delays or rejections.

Missing documents

Another common problem is missing documents. A lawyer can help you identify and obtain all the necessary documents to ensure that your application is complete and correct.

Misunderstandings about the requirements

Misunderstandings about the requirements can also lead to delays or rejections. A lawyer can help you understand the requirements and ensure that your application complies with them.

Delays in processing

Delays in processing the application are another common problem. A lawyer can monitor the status of your application and, if necessary, take legal action to speed up the process.

The K-3 visa

5 Documents required and forms to be completed

Applying for a K-3 visa requires the submission of several forms and documents. Here is a detailed list of the required documents and forms to be filled out:

Required documents

  • Valid passport: The passport must be valid for the duration of your stay in the USA.
  • Marriage certificate: Proof of legal and valid marriage.
  • Birth certificates of both spouses: These documents serve as proof of identity.
  • Divorce or death certificates from previous marriages (if applicable): These documents are required to ensure that no previous marriages are still valid.
  • Police clearance certificates: Proof that the applicant has no criminal record.
  • Medical examination results: Proof that the applicant is healthy and has no infectious diseases.
  • Financial evidence (e.g. tax returns, proof of income): These documents are required to prove that the US citizen is able to financially support the foreign spouse.
  • Photos in accordance with US visa regulations: These photos must meet the special requirements of the US immigration authorities.

Forms to be completed

  • Form I-130 (Petition for Alien Relative): This form is used to confirm the marriage relationship between the US citizen and the foreign spouse.
  • Form I-129F (Petition for Alien Fiancé(e)): This form allows the foreign spouse to enter the U.S. while waiting for the I-130 application to be approved.
  • DS-160 (Online Nonimmigrant Visa Application): This form is required for the K-3 visa interview.
  • Affidavit of Support (Form I-864): A document confirming the US citizen's financial support of the spouse.
  • Form G-325A (Biographic Information): This form collects basic biographical information about the applicant.

The K-3 visa

6. costs of applying for a K-3 visa

Applying for a K-3 visa involves various costs, including both official fees and potential legal fees. Here is a detailed breakdown of the potential costs:

Official fees

  • Form I-130 Filing fee: The fee for filing Form I-130 is currently $535. This fee is non-refundable, even if the application is rejected.
  • Form I-129F Filing fee: The fee for filing Form I-129F is currently $535. This fee is also non-refundable.
  • DS-160 application fee: The fee for the DS-160 Online Nonimmigrant Visa Application is $160.
  • Medical examination fees: The cost of the medical examination varies depending on the country and doctor, but can be between $200 and $500.
  • Police clearance certificates: The costs for police clearance certificates vary depending on the country and can be between $20 and $100.
  • USCIS Immigrant Fee: After the visa is approved and before entering the U.S., the applicant must pay an immigration fee of $220 to the U.S. Citizenship and Immigration Services (USCIS).

Legal fees

Legal fees vary depending on the complexity of the case and the experience of the lawyer. In general, the legal fees for applying for a K-3 visa can range from $1,500 to $3,500. Some attorneys may offer flat fees, while others charge by the hour.

  1. Consultancy fee: Some lawyers charge a consultation fee for the first consultation, which can range from $100 to $300.
  2. Flat-rate fees: Many attorneys offer flat fees for the complete processing of the K-3 visa application. These fees can range from $1,500 to $3,500 depending on the complexity of the case.
  3. Hourly fees: When the Lawyer If the lawyer charges by the hour, the hourly rates can be between $150 and $400. The total cost depends on how much time the lawyer needs to work on the case.

Additional costs

In addition to the official fees and legal fees, other costs may also be incurred, including

  1. Translation costs: If documents need to be translated into another language, translation costs may be incurred. These costs vary depending on the scope and complexity of the translations.
  2. Travel expenses: You may need to travel to obtain documents or conduct interviews. These travel costs may vary.
  3. Shipping costs: The cost of sending documents to the US immigration authorities or the lawyer may also be incurred.
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The K-3 visa

7. FAQ (Frequently Asked Questions)

Here are some frequently asked questions (FAQ) about the K-3 visa that can provide you with further clarity and information:

What is the K-3 visa and who is eligible to apply for it?

The K-3 visa is a nonimmigrant visa designed specifically for spouses of U.S. citizens to shorten the wait time for approval of their immigrant visa. Foreign spouses of US citizens are eligible to apply.

What requirements must be met in order to apply for a K-3 visa?

Requirements include a valid marriage to a U.S. citizen, submission of the appropriate forms and documents, and proof that there are no disqualifying factors.

Which forms must be submitted?

The most important forms include Form I-130 (Petition for Alien Relative), Form I-129F (Petition for Alien Fiancé(e)) and Form DS-160 (Online Nonimmigrant Visa Application).

How long does the process of applying for a K-3 visa take?

The length of the process can vary, but depends on many factors, including the completeness of the documents submitted and the current processing times of the US immigration authorities.

What role does a lawyer play when applying for a K-3 visa?

A lawyer can facilitate the entire process by helping to prepare and submit the necessary documents, monitoring the status of the application and assisting with any legal issues that may arise.

What happens if the K-3 visa application is rejected?

In the event of a rejection, a lawyer can help you understand the reasons for the rejection and, if necessary, prepare a new application or take other legal steps.

Can I travel to the USA while waiting for the K-3 visa?

During the waiting period for approval of the K-3 visa, entry into the USA is generally not possible unless you have another valid visa.

How can I check the status of my K-3 visa application?

The status of the application can be checked online at the U.S. Immigration website or by contacting an attorney.

The K-3 visa

8 Conclusion

The application for a K-3 Visas is a complex and often lengthy process that requires the assistance of an experienced lawyer. A lawyer can help you successfully complete the process, avoid mistakes and ensure that your application meets the legal requirements. Careful preparation and submission of the required documents, as well as monitoring the application status and handling any legal issues, are crucial steps to increase the chances of a quick and successful approval of your K-3 visa. Enlisting the help of an attorney will greatly increase your chances of a quick and successful approval of your K-3 visa.

Do you need legal support in applying for a K-3 visa?

Then contact us

+49 (0) 2273 - 40 68 504

info@kanzlei-baumfalk.de

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

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Main office - Kerpen
Mr. Patrick Baumfalk, attorney at law
Main street 147
50169 Kerpen
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Branch office - Witten
Mr. Patrick Baumfalk, attorney at law
Berlin street 4
58452 Witten
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