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What is a spouse visa?
A spouse visa, also known as a K-3 visa, allows a person who has married a U.S. citizen to enter the United States while awaiting immigration approval. If you are a U.S. citizen married someone in another country who is not an American citizen, he or she can apply for the K-3 visa to shorten the time you must live apart.
Explore the steps toget a K-3 nonimmigrant visafor your spouse.
File petitions
As the U.S. citizen, you should file Form I-130, Petition for Alien Relative, with your local U.S. Citizenship and Immigration Services office. Once you receive a receipt from USCIS (Form I-797), file Form I-129, Petition for Alien Fiancé(e). The USCIS forwards both approved petitions to the National Visa Center.
What are the two types of family-based visa?
If you are in the United States and have family members in another country, then you may want to bring them here. They will have to go through the proper channels to legally immigrate here to avoid potential legal issues.
According to the U.S. Department of State, there are two types of visas you may use to bring family members into the country. To get the visa, you must sponsor the person, and you must also apply for the right type of visa.
Family preference
A family preference visa is for family members who are not closely related, such as a sibling. There is a limit on the number of these visas the government issues each year, which means even if the government approves the visa application, your family member may not get his or her visa right away. He or she may have to go on a waiting list.
What are some of the requirements to become a U.S. citizen?
To apply to become a naturalized U.S. citizen, you must be at least 18 years of age. You also need to have had a valid Permanent Resident Card, typically referred to as a Green Card, for at least five years before applying. There are no age requirements for Green Card eligibility.
To apply for a Green Card, you must show how you qualify to work or reside in the U.S. If you married a U.S. citizen in your home country, you may qualify to receive a Green Card. You may also receive a Green Card if a U.S. citizen adopted you before you turned 16.
When can the citizenship application process begin?
If unmarried, and one of your parents or stepparents is a U.S. citizen, you could apply for a Green Card while under the age of 21. After you turn 21, however, you may wish to consider applying for U.S. citizenship. The benefits of becoming a citizen include voting, running for public office and applying for a job with the federal government.
Frequently asked questions about fiance(e) visas
Often referred to as a fiance(e) visa,K-1 nonimmigrant visasenable U.S. citizens to bring their foreign partners to this country with the intent of marrying them in a certain time period. Understanding how fiance(e) visas work and what is expected of you and your partner during the process can make for a more efficient experience.
It also prevents your fiance(e) from encountering issues with immigration. The more information you have, the better equipped you are to navigate the immigration process successfully.
Who is eligible for a K-1 nonimmigrant visa?
Seeking a deportation suspension
Most aspects of immigration law invoke hope and excitement in those involved with it; one area, however, can conjure up feelings of despair. This is due to the fact that while one works throughthe immigration process, the threat of deportation may be ever-present.
People in Plano dealing with immigration issues typically understand what they need to do to avoid the threat of deportation: stay out of trouble with the law. Indeed, according to information shared by theU.S. Immigration and Customs Enforcementoffice, of the almost 63,000 removal actions undertaken through the first quarter if 2019, over 40,300 involved some sort of criminal charge. However, that still leaves almost 20,000 removal cases due to some other immigration violation.
Filing an appeal to get a green card
Green cards provide cardholders with a range of helpful benefits while they await naturalization and continue the process of working toward citizenship in the United States. A person’s application risks denial depending on his or her circumstances and the evidence they submit with their application.
People who receive correspondence notifying them of the denial of their application, have the right to file an appeal to dispute the decision.
Reopen vs. reconsider
According to the U.S. Citizenship and Immigration Services, people may request a reconsideration if they feel or have evidence that information on their application was misunderstood and led to an inaccurate or incorrect decision. A reconsideration is also an option if evidence suggests that immigration law was improperly applied to a person’s case.
How do provisional waivers work?
Immigrants who have entered the United States unlawfully in the past may worry that they have no way of returning to the country. If you came to the country in this manner, you may face a three or ten-year bar on lawful reentry. Yet, if you have relatives who have legal status in the United States, you can apply for a provisional waiver on this bar.
Understanding how waivers work
If you decide to apply for a green card, you must to do so in your home country before returning to the United States. But if you entered the country without a visa, your ability to return could end up in jeopardy. A provisional waiver will help you return to the United States during this process. You must file the waiver in the United States, though, for it to be valid.
Waiver eligibility
Your eligibility for a provisional waiver depends on several factors. One is if you have naturalized United States citizens as relatives. You can also qualify for a waiver if your relatives hold permanent legal resident status. Yet, you may be unable to receive a waiver if you remained in the country unauthorized for over one year during your past visit. If you spent between 180 days and one year in the country on multiple visits without authorization, you may not qualify for a waiver as well. And if you reentered the United States unlawfully after these visits, or have faced removal in the past, you may find yourself ineligible for a waiver.
What steps are involved when bringing your fiancé to the United States?
Fiancé(e) visas allow a person to bring their partner to the U.S. for the purpose of marrying them. You must follow certainsteps when bringing your future spouseto this country for the first time, or you may be subject to denial. Being aware of each step in the process improves the chance that the visa will be approved.
Petition for fiancé(e)
Form I-129F is used to establish a relationship between you and your partner. The form is submitted to the U.S. Citizenship and Immigration Services, who may ask you for further information about your relationship. The desire for marriage must be considered valid and not simply being pursued to gain entry to this country. If approved, the form is forwarded to the U.S. Department of State.
Visa applications may require disclosing social media accounts
Changes to the process of obtaining a U.S. visa require certain applicants to list their social media accounts. Individuals seeking to obtain a visa may need to provide their online user names or profile handles when requested.
U.S. border control officials have the authority to review any information posted online to vet visa applicants, who currently number about 15 million individuals each year. Applicants requesting to visit the U.S. will need to comply with the social media review requests.
Social media contents may affect application approvals
The majority of social media users post personal information and pictures of themselves, their vacations and their families. They may also post opinions and criticisms. As reported by CNN, an official authorized by the Department of Homeland Security may review online content and photographs. The intent is to determine whether an individual poses a risk. If content posted online suggests that U.S. security faces a threat, an individual’s application may not result in an approval.
What exactly is a green card?
You hear a lot about the necessity of having a green card in order to legally live and work in the U.S. But what is a green card and how do you get one?
To begin with, “green card” is only a nickname for the card you need. The official name is Permanent Resident Card. Green cards got their nickname because they were, in fact, green in color from 1946 until 1964.
Green card eligibility and process
The U.S. Citizenship and Immigration Services explains thatmany different typesof green cards exist. Which one you should apply for depends on your particular situation. All require that you file both an immigrant petition and a green card application form. Most immigrants require a sponsor to file their immigrant petition for them, but you may be able to file it yourself depending on your precise circumstances.
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