THE NON-IMMIGRANT SPOUSAL VISA
(K-3 and K-4, V-1 and V-2)

THE LEGAL IMMIGRATION AND FAMILY EQUITY (LIFE) ACT (December 21, 2001) created two (2) new visa categories, "K" and "V", allowing The Non-Immigrant Spousal Visa.

THE EXPANDED K VISA CATEGORY allows certain wives (K-3) and dependent unmarried minor children under age 21 (K-4) of U.S. Citizens married abroad to enter the U.S. and gain work authorization. To qualify for the K-3 Visa, the foreign spouse visa applicant must show through documents and statements:

1) a valid marriage to a U.S. Citizen;
2) that he or she is the beneficiary of a Petition I-130 filed and awaiting approval by the Immigration Service in the U.S.
3) that he or she is the beneficiary of a K-3 Visa petition filed with and approved by the Immigration Service in the U.S.
4) that he or she wishes to enter the U.S. with possible work authorization while awaiting Immigration Service approval of the Petition I-130, or the availability of a visa number.

The K-3 Visa is issued by the American Consulate in the country where the foreign marriage took place, typically the country of residence of the foreign citizen. If the marriage took place in the U.S., then the visa is issued by the American Consulate where the foreign spouse resides.

For most people, the K-3 Visa option is the only viable and fastest option because: 1. All U.S. Consulates have recently stopped processing I-130 Petitions for Legal Resident Visas for a Spouse of a U.S. Citizen through Direct Consular Filing (DCF), if the U.S. Citizen is NOT a resident of his spouse's country due to the Adam Walsh Child Protection Act, and 2. Processing the I-130 Petition through the Service Center AND the State Department's National Visa Center AND the U.S. Consulate usually takes longer than the processing of the K-3 Visa Petition through those three locations. (EXCEPTION: For those U.S. Citizens who are a resident of their spouse's country, the K-3 Visa is not necessary and the U.S. Citizen can process the I-130 at the Consulate, such as currently the U.S. Consulate in Rio de Janeiro, Brazil, as the State Department announced the resumption of DCF for those U.S. Citizens. See: USCIS Press Release, March 26, 2007.)

THE V VISA CATEGORY allows certain wives (V-1) and dependent unmarried minor children under age 21 (V-2) of U.S. Lawful Permanent Residents married abroad to travel to and from and reside in the U.S. while awaiting the Petition I-130 immigration process. Persons living abroad may now apply at the appropriate U.S. Consulate abroad.

V Visa holders may apply for work authorization. The V-1 visa is a multiple entry visa for 10 years, the V-2 visa for minors is also a multiple entry visa for either 10 years, or until the minor reaches age 21, whichever number of years is less. To qualify for the V-1 Visa, the foreign spouse visa applicant must show through documents and statements:

1) that he or she is the spouse of a U.S. Lawful Resident ("Green Card Holder")
2) the U.S. Lawful Resident filed an I-130 immigrant visa petition for his or her spouse before or on December 21, 2000
3)The foreign spouse has waited at least three (3) years since the date of of the I-130 Petition, either because no immigrant visa interview has been scheduled, or Immigration Service petition approval has not occurred, or the immigrant visa number has not yet been made available.

To qualify for the V-2 Visa, the foreign minor child visa applicant must show through documents and statements that:

1) he or she is the unmarried child under age 21 of the qualifying V-1 Visa applicant, or
2) he or she is the unmarried child under age 21 of a U.S. Lawful Permanent Resident who filed a I-130 Petition and the same three (3) years waiting time requirement for V-1 applicants is satisfied.

For more information on the new K and V Visas, see State Department K and V Visa Information.

CLICK HERE FOR K -3 VISA REGULATION.

The Non-Immigrant Spousal K and V Visa Fees and Costs
$1750.00 Non-Immigrant Spousal Visa
*$350 Retainer-Deposit Requested (Non-Refundable)
*$100 Additional for Each Minor Child or Co-Signer Affidavit
Attorney Fee for K and V Visa
(Our Attorney Fee does NOT include
Immigration Service filing fees and
Embassy charges listed below)
$355.00 Immigration Service Filing Fee for Prerequisite I-130 Petition for K-3 and K-4 Visa
(No Fee of Immigration Grants Fee Waiver) Immigration Service Filing Fee for K Visa
I-129F Petition
$100.00 Consular Fee for Visa Processing & Interview
$100.00 Consular Fee for Medical Examination
No charge U.S. First Class and Priority Mail and Document Photocopies. (Overnight Deliveries and other Special Services carry extra charges.)


*There is Administrative Process Time (5%) for Credit & Debit Card Payments.

E-Mail: garybala@VISA-Attorney.com


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Gary G. Bala, USA Immigration Attorney