Spouse of U.S. citizen and the spouse's children, can come to the United States on nonimmigrant K-3/K-4 visas, and wait in the United States to complete the immigration process.
The purpose of the K-3/K-4 visa is to promote family reunion and serves as a temporary remedy for the long process of family based immigration petition. It allows the alien spouse to stay in the U.S. while waiting for the adjudication of the pending immigration petition. The alien spouse may obtain work authorization during the waiting period.
Petitioner
1. U.S. citizen
2. Has sufficient financial ability to support the intending immigrant
3. Has a bona fide marriage with beneficiary
4. An immigrant petition (Form I-130) for the benefit of the spouse is pending when the I-129F (K visa petition) is filed
Beneficiary
K-3
1. The alien spouse must be outside the U.S.
2. Has a bona fide marriage with petitioner
3. Be qualified as the U.S. citizen’s spouse; cohabiting partners do not qualify as spouses for immigration purposes.
K-4
1. The child must be outside the U.S.
2. The child must be unmarried and under 21
USCIS
There is no fee for petitions for K-3/K-4 status based on an immigrant petition filed by the same U.S. citizen.
NVC-Consulate
Nonimmigrant visa application processing fee: $350
1. Provide I-129F and NVC-consulate questionnaires for both petitioner and alien spouse;
2. Provide supporting document checklist for both parties;
3. Review your personal qualifications;
4. Confirm that the K-3/K-4 petition is appropriate;
5. Advise on how to prepare the documents to prove bona fide marriage;
6. Prepare application forms;
7. Prepare attorney cover letter and application letter;
8. Submit your application with USCIS and keep your file;
9. Complete NVC and Consulate packages on behalf of the clients
10. Provide guidance on interview techniques with Consulate
11. Keep correspondence with USCIS, NVC and Consulate
12. Keep clients informed of the case status
13. Provide online access to your case status;
14. Assist clients in response to Request for Evidence, if any.
1. USCIS process: $1300; 2. Consulate process: $1200
NOTE
This service fee is the basic reference price, which may be adjusted case by case.
Free Consultation will provide the clients with answers to general questions, for example, what is the priority date of EB-3 Free Consultation should NEITHER be regarded as legal advice nor analysis on certain cases NOR confirmation of attorney-client relationship. If you need legal advice or analysis on your case, please choose the Attorney Consultation service.
$50 for first half hour (Online/Phone) $250 per case without time limitation, and the consultation fee could be fully deducted from service fee.