Chicago K-3 Visa Attorney

Providing Compassionate United States Immigration Law Legal Services to Clients in the Chicago Area

Getting married is a life-changing event and a big step toward a new future. Separating from your spouse for whatever reason, whether for work or economic purposes, can strain the relationship enormously. The K-3 visa is a visa that is available to foreign partners of United States citizens. 

Our legal team understands the stress of being separated from your partner and aims to ease your burden. We will stand by your side from the beginning and walk you through every step of the immigration process. 

At Gilliam Law, we believe in uniting family members. You are not alone. Call us today for your free case evaluation at 866-511-3422.

 What is a K-3 Visa?

A K-3 Visa is a non-immigrant visa that helps foreign spouses enter the United States temporarily to be united with their partners while waiting for their immigrant visa approval. 

Most people decide, however, that a K-3 visa isn’t worth it because, in the time it takes to get it approved,  you can also apply for and be approved for your marriage visa, which is permanent. The K-3 visa adds an extra, often unnecessary, step and filing fee. 

Some couples still find themselves in situations where traveling down this path is helpful. Therefore, it is still beneficial to understand the requirements.

 Who is Eligible for the K-3 Visa in Chicago, IL?

You are eligible for a K-3 visa if you meet the following requirements:

• You are the foreign spouse of a U.S. citizen
• You currently live outside the United States
• Your spouse has already filed the I-130 sponsorship petition on your behalf with USCIS; it is pending but has yet to be approved. You should have a notice of receipt
• Your U.S. citizen spouse meets the income requirements to be your financial sponsor or has a co-sponsor. They must be able to support the household at 125% of the Federal Poverty Guidelines and be willing to take financial responsibility for you

What is the Application Process for the K-3 Visa? 

There are multiple steps to take to apply for the K-3 visa. It can be a long and frustrating process, but our team is here to help you every step of the way. The first step is to file form I-129F (Petition for Alien Fiance). The form’s title may sound misleading, but spouses are asked to use this form too. There is supporting documentation required alongside this form:

• Your U.S. citizen spouse must include a copy of their birth certificate or passport
• You must provide a copy of your passport
• Proof of termination of any prior marriages (such as annulment, divorce decree, or death certificate)
• I-94 arrivals and departure records if you were given a copy
• A passport-style photo of your spouse
• Passport-style photo of yourself
• Receipt notification of I-130

Make copies of everything you send to the USCIS, so you have proof of your file. Generally speaking, within 30 days, your spouse will receive notification from USCIS that they have received your file and are processing it. Processing times vary, but they usually take between six and nine months. We understand that waiting can be difficult, so during this period, we are available to answer any questions or help ease your mind in any way we can.

What Happens During the Visa Interview?

After you file your Form I-129F, you will be notified (usually by email) of an appointment date and time for your visa interview at the U.S. embassy in your home country. This email will also tell you what documents to prepare and bring to the interview. Contrary to popular belief, the point of the interview is not to trick you. The interviewer will not be purposefully cruel or deceitful. They only want to be sure that the relationship is valid and not only for immigration purposes and that no one is entering the country who should not otherwise be permitted. As long as you are honest and calm, everything should go well. Our team will help you prepare for your interview so you can feel confident beforehand.

You will need to bring:

• Your marriage certificate
• Your valid passport
• A copy of your birth certificate
• Police clearance from any country you lived in for more than six months from the age of 16
• The sealed results from your medical exam performed by an authorized physician
• Form I-134
• Your Spouse’s most recent tax returns
• Proof of your relationship can be photographs, joint bank statements, or documents proving you have built a life together. The I-130 package will also help. As much proof as you can provide will help strengthen your case.
• Two Passport-style photographs of you

What are the Filing Fees for K-3 Visas?

A filing fee of $265 is usually collected at the time of your interview. However, pay attention to the embassy message regarding payment because it varies depending on your home country.

This is in addition to the fee your US citizen spouse paid to file the I-130 form, which is $535.

Other fees may include medical exams, passport photos, translation services, and other costs. Budgeting appropriately beforehand is a good idea when deciding to invest in a visa. Our team can help you and your partner develop the best plan for your future together.

Planning a future with your spouse in a new country is exciting. It is difficult to separate. No couple should begin their life together that way. Marriage is a bond that should last a lifetime. At Gilliam Law, we believe in strengthening families and bringing people together. We will work tirelessly to get your loved one home to you.

Schedule a Free Case Evaluation with an Experienced Chicago K-3 Visa Lawyer Today

While you await the approval of an immigrant visa, it is possible to pursue various family immigration options, including filing for a K-3 visa. Depending on your circumstances, this type of non-immigrant visa could assist you in your immigration journey and help you achieve your goals. After your foreign national spouse joins you in the United States, they will be allowed to become a green card holder (lawful permanent resident), granting them legal permanent residency there.

The process for obtaining any type of visa can be complex, and it is strongly recommended that you work with experienced immigration lawyers. Our Chicago law firm has extensive experience providing compassionate immigration services to clients in need. To learn more about how we may assist you and yours, please contact our law office to schedule your free case evaluation today.

Call us today. 866-511-3422. Let us welcome you home.