Alien Spouse

Alien-Spouse Visa (K-3 and K-4) Attorney – San Jose, CA
 
Are you married to a U.S. citizen and wish to become a permanent U.S. citizen? There are now laws in place to accommodate your visa interests while you are in the U.S. with your spouse. This provides added flexibility for your immigration needs and helps to keep your family together. It also allows those admitted in this category to obtain work authorization while their permanent resident status case is pending.

The Legal Immigration Family Equity Act (LIFE) of 2000 established a new category that allows the spouse of a U.S. citizen to be admitted to the U.S. in a non-immigrant category for a 2-year period. The admission allows the spouse or child to apply for permanent residence while in the United States instead of waiting for years abroad.

You may receive a K-3 visa if you:

• Have married a United States citizen;
• Have a relative petition filed by the U.S. citizen spouse on his/her behalf;
• Seeks to be admitted in the United States to await the approval of the petition and ensuing lawful permanent resident status, and,
• Have an approved Petition for Alien Fiancé or Fiancée (the Fiancé(e) form  serves for the spouse as well), forwarded to the American consulate abroad where the alien wishes to apply for the K-3 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 be issued a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible for a K-3 visa.