In addition to the visas previously mentioned, there are other family-based visas, such as the K-3 visa. The purpose of the K-3 visa, as passed by Congress, is to help married couples be together in United States earlier. A K-3 visa allows a couple to be together after getting married abroad while waiting for their I-130 petition to get approved.
What Qualifies As Family For The Family-Based Visa?
To qualify for a K-3 visa, the marriage between a couple has to transpire abroad. Once the marriage takes place, the I-130 petition should be filed before the K-3. That’s a very important requirement. After the I-130 petition gets filed and the notices are received, the K-3 visa will indicate when the spouse can be with the petitioner.
Who Can Petition For Me On A Family-Based Visa?
The same US citizen petitioning for an I-130, will be the person who can petition for the K-3 visa.
What Documents Will We Need To Apply For Family-Based Visas?
The documents that you will need to apply for a family-based visa include the I-130 receipt notice, which is the filing proof that the I-130 is pending with the USCIS. That’s a major proof that has to be submitted for the K-3 visa.
What Happens After A Family-Based Visa Is Approved?
Once the family-based visa is approved, the spouse can temporarily visit United States. They would have to go to the consulate and get the stamp that indicates that they can travel to United States. Even though Congress passed the K-3 visa for the purpose of staying together before the I-130 gets approved, the processing time is too long. Sometimes the I-130 gets approved before the K-3 visa. That’s a practical difficulty. Hopefully, in the coming months, there will be some improvement.
What Are Some Reasons That Family-Based Visas Are Denied?
In regard to the K-3 visa, if the officer sees that there is some other intention rather than being in the United States, the visa can get denied. Otherwise, there aren’t that many reasons for a denial.
What Are The Differences Between The I-130 Petition And The K-1 Fiancé Visa?
A difference between the I-130 and the K-1 visa is that the petitioner for the K-1 visa has to be a US citizen. Whereas, the petitioner for the I-130 can be either a US citizen or permanent resident holder. The timeline differs between both petitions as well.
When a person comes on a fiancé visa, they have to get married within 90 days, and they are not eligible to work. By contrast, once the I-130 is approved, the spouse becomes a permanent resident. As soon as they arrive, they are eligible for a work permit.
Under the K-1 visa, they also have to apply for the I-485. A work permit usually takes a period of three to four months. That is something a couple has to consider and discuss with their attorney before finalizing whether to come on a fiancé visa or get married abroad and come on an I-130 approval notice.
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