K-3 Visa

Overview of the Spousal Immigrant/K–3 Visa Process

In order to bring your foreign spouse to the U.S., it is necessary to file an immigrant visa petition. Because of the time delays inherent in the processing of immigrant visa petitions, the U.S. citizen usually also submits a K–3 visa petition on behalf of his spouse.

What is a K–3 visa?

The K–3 visa category was recently created to allow the spouses of U.S. citizens and their children who are the beneficiaries of immigrant visa petitions to be admitted initially as non-immigrants and adjust to immigrants later while in the United States. By creating the non-immigrant classification for spouses of citizens and their children, their entry is expedited into the United States. If the marriage took place outside the United States, the visa is issued by the consulate having jurisdiction over where the marriage took place.

What if she has children?

Any minor child (unmarried, under the age of 21) of your spouse is automatically eligible for a K–4 visa. Children over the age of 18 at the time of marriage would not meet the definition of child of the U.S. citizen spouse and therefore, the K–4 process is the only method to bring the child to the U.S. expeditiously.

What documents are needed?

Statutory documents (e.g., birth certificates, divorce decrees) and biographical information, along with evidence reflecting the legitimacy of your marriage, are gathered.

What is the procedure?

After an immigrant visa petition is submitted to the USCIS (one for each beneficiary), a K–3 petition is submitted to the USCIS National Benefit Center. The K–3 petition (usually within 2-6 months) will then be approved, and the appropriate U.S. Embassy abroad will be notified, or the USCIS will request additional information. Obviously, such requests are to be avoided as undue time will be lost. Once the Embassy is notified, the spouse is invited to attend an interview. An additional package of application forms and supporting documentation must be prepared. You as the sponsor must evidence annual income of approximately $17,000, or sizable assets, and present documentation to this effect (tax return, bank statement, employer letter). Your spouse must pass a medical exam at an authorized medical clinic. The exam encompasses tests for serious diseases such as AIDS, tuberculosis, cancer, as well as venereal diseases and pregnancy.

What takes place at the interview?

The interview takes place in the immigrant visa section of the U.S. Embassy. Upon entry into the Embassy, your spouse will present her appointment invitation to the clerk and wait for her name to be called. Upon being called, she will then present her documentation to the clerk. After document intake, your spouse will wait to be called by the consular officer. This may take up to a couple of hours. The interview itself is usually fast, not more than 5–10 minutes. However, if there are more serious issues – e.g., your spouse had spent substantial time in the U.S., a former boyfriend or ex–spouse writing a "poison pen" letter to the Embassy – then the interview may last up to an hour. Visas usually are issued within 3 working days after the interview; once issued, your spouse may depart for the U.S. at any time within six months.

What happens after a K–3 visa is issued?

After the K–3 visa is issued and she has entered the United States, you await approval of the immigrant visa petition and then adjust status to permanent residence within the United States, or apply for an immigrant visa at a consulate abroad. If the marriage is less than two years old at the time of adjustment of status, the K–3 and K–4 holders will become conditional residents. It is then necessary to file a petition to remove the conditions within 90 days of the second anniversary of receiving conditional permanent residency. If the marriage is preserved, the condition is removed; if the marriage is terminated before that time, the ex–spouse will then be required to leave the United States (although there are some exceptions).

What are the rights of K–3 holders?

Upon separate approval by USCIS, a K–3 visa holder may work. Also, she may travel outside the U.S. Because the K–3 visa is a multi–entry visa valid for two years, no separate USCIS authorization is required to travel outside the United States.

Benefits of Working with W&A

White & Associates assists American citizens who seek visas for their foreign national spouses. Our goal is to make the process as smooth as possible, both from a legal and personal standpoint. We offer personal consultations to both individuals; prepare and submit the visa documentation; provide logistical and legal support at our office in Moscow; and ensure timely approval of the visa. Some of the tangible benefits of working with W&A:

• 100 % success rate.
• Reasonable prices, with fees staggered or tailored to meet your individual circumstance.
• Offices in New York and Moscow. This enables us to provide full-service for both the INS and Embassy stages of handling your case. Our office in Moscow is located one mile from the U.S. Embassy.
• Fastest processing times. Given our locations, we are in an excellent position to gather the necessary information quickly and accurately, submit the necessary forms and documentation, and ensure timely interview appointment.
• Russian-speaking U.S. attorney and staff/Russian-language forms. For those who have a spouse from the former Soviet Union, we are able to overcome any language barriers, ensuring that nothing is lost in the translation, particularly important when dealing with critical legal issues. We may send to your spouse a questionnaire in Russian, which she may complete in Russian. Also, we are able to answer any questions or allay any concerns that she may have about the process or her future life in America.
• Logistical Support in Moscow. For spouses with interviews scheduled at the U.S. Embassy in Moscow, and need logistical assistance in Moscow, our staff and office facility is at your spouse's disposal. Such assistance may include scheduling a medical examination, meeting her at the airport, arranging hotel accommodations, reviewing her documents, and providing a "contact point" or "base" for her in Moscow to stay in touch with you via phone, fax, or e-mail.
• Complimentary Mail Service. W&A provides to its clients a complimentary mail service, through which mail can be sent from the United States or to the United States from Russia.
• No Translation Expenses. Lawyers usually contract the translation work to translators in the U.S., who charge $25/30 for a document translation, with surcharges for urgent translations. Translators in the former Soviet Union are often less than competent. We do the translations in-house, ensuring accurate and quick translations, with no fees.
• Practical Advice. The principal of White & Associates, Kenneth White, is married to a Russian woman, has lived in Russia for many years, and has traveled extensively throughout the former Soviet Union. He is able to offer insight into the practical aspects of marrying a woman from that part of the world, dealing with in-laws, children, work ethic, and expectations.
• Follow-up Legal Support and Advice. Upon her arrival in the United States on a K-3 visa, it will be necessary to adjust her status to immigrant status and obtain an Employment Authorization. We may provide these follow-up legal services to ensure compliance with immigration-related laws and formalities.

Immigrant and K–3 Visa Fees

USCIS and Embassy Processing — $3,050, to be paid in two parts: $1,800 upon commencement of legal work, and $1,250 upon USCIS approval of the K–3 petition.

Fee covers both USCIS and Embassy processing: USCIS and Embassy form preparation and submission; advice and continual updates on status; liaison with INS and Embassy; contact with and interview preparation of spouse in Russian or English; and assistance in obtaining police certificates in countries of the former Soviet Union. For a spouse being processed by U.S. Embassy in Moscow, who resides outside Moscow, we also may provide logistical support in Moscow (meet at airport with driver, reserve hotel room, transport around Moscow and to Embassy, use of our office facilities for sending e–mails or making phone calls).

Translations are included in the price. There is a $250 additional fee for children. If the client decides to apply for an immigrant visa instead of a K-3 visa, an additional fee of $750 will be due after an immigrant visa interview is scheduled.

Embassy–Related Assistance Only — Negotiable — $1,000–$1,500

Depending on what kind of assistance you and your spouse need, we may tailor a package and price. Such assistance may include assistance in obtaining a police certificate; document translation; form preparation and review; interview preparation; medical appointment scheduling; and logistical support in Moscow (as detailed above).

USCIS Assistance Only — $1,500

Fee covers expeditious USCIS form preparation; legal advice; updates on status; liaison with USCIS; USCIS approval; and Embassy notification.

Translations are included in the price. There is a $250 additional fee for children.

Other Expenses

USCIS Immigrant / K–3 Petition Fee is $355

Medical Examination is approximately $100

U.S. Embassy K-3 visa issuance and delivery fee is $160