December 8th, 2023 at 01:58 am
US Spouse Visa: K-1, K-3 Spouse Visa | I-130 Petition – US Visa Update
Valentine’s Day frequently marks a rise in engagement announcements. The concept of family unity has long been cherished by US immigration law. Therefore, filing for a K-1 or K3 Visa is an option available to US citizens who seek to bring a foreign national spouse to the country.
K-1 Visa for US Citizens
A US citizen may sponsor a foreign national under the K-1 category, enabling the couple to get married in the country. The US citizen submits a K-1 petition to US Citizenship and Immigration Services (USCIS). The fiancé must apply for the K-1 Visa at a US Embassy or consulate after being accepted. The foreign national fiance’s minor children may apply for K-2 visas to travel to the US with the K-1 applicant.
K-3 Visa for Spouse of US Citizen
If a foreign national is already married to a US citizen, the K-3 category offers a temporary solution. The couple may have to spend a significant amount of time apart due to the standard immigration visa application process. The US citizen may further file a K-3 petition following the filing of an I-130 petition on behalf of the spouse. If accepted, the foreign citizen may apply for a K-3 Visa, which would grant the spouse a two-year visa to enter the country.
The K-4 Visa is similar to the K-2 in that it is available to minor children of the foreign national spouse. The K-3 spouse may apply to change status and stay in the country while their cases are pending after being allowed into the country. The K3 is of no use. Most of the time, submitting a K-3 petition to the USCIS requires filing the I-130 first.
Most of the time, the K-3 petition is decided upon before the I-130 is accepted. The foreign national spouse must wait to file for an immigrant visa at the US Consulate, as the K-3 petition is immediately canceled. The only actual utility for the K-3 is as a fallback if the anticipated I-130 is delayed.
LPR can sponsor a Spouse by filing an I-130 petition
An LPR may file an I-130 petition on behalf of a spouse, but an LPR is not permitted to file a K-1 or K3 petition on behalf of a fiancé. Cases of this kind are filed under the second preference based on family. The date the I-130 petition is filed determines both the category and the priority date.
Usually, an I-130 petition is only required if the couple marries after the primary spouse has LPR status. In most cases, a separate petition is not necessary if the marriage takes place before the primary spouse’s green card is issued.
Same-Sex Couples Eligible for K-1 and K3 Benefits
US versus Windsor ruling from the US Supreme Court. To apply for US immigration benefits, such as those granted under the K-1 and K3 categories, same-sex couples are treated in the same manner as straight couples. While state rules governing marriage can occasionally affect foreign persons’ eligibility for K-1 or K3 visas, state laws governing the recognition of homosexual and lesbian weddings are an exception to this rule.
If a candidate is legally married to a first cousin and plans to live in a state that forbids such unions, their K3 Visa application may be rejected. For example, a same-sex couple who are legally married but want to live in a state that does not recognize marriages cannot have their visa denied for this reason alone.
An explanation of the Windsor ruling by the Supreme Court and how it affects immigration law is given. US immigration law is not without its flaws. It is a noble endeavor to promote family unity, even via the K-1 and K3 categories.
US Visa Scam Alert
Visa fraud targets talented workers from the US. This article clarifies some worrying news. We’ll talk about a Visa scam that has been aimed at professionals.
Sadly, talented professionals have been duped by a Visa fraud that makes false job promises. This deceptive plan deceived many people, leaving them in a desperate situation with no work and no money. These victims must rely on food banks just to survive. The severity of the situation worsens as more people live without a roof.
Job seekers who intend to relocate overseas must exercise considerable caution and constantly confirm the validity of job offers. These frauds could endanger your life in addition to shattering your hopes for a prosperous future.
Visit Newsnowgh.com for the most up-to-date information on visa-sponsored jobs, prospective paths benefits, application processes, and others.