At Feiner & Lavy P.C., Attorneys at Law we want to help make it possible for your family to be together while the U.S. immigration process is being completed. Our firm has over 40 years of immigration law experience to utilize in helping your family remain whole by obtaining the visas they need. Our goal is to provide stellar service to you and your family at a cost that is reasonable.
If you are a citizen of the United States and are married to a foreign national, you are qualified to file for a K3 visa. After the overturn of DOMA, this includes same-sex married couples. The K3 visa permits your spouse and children (under a K-4 visa) to be in the U.S. while undergoing the process of immigration.
Before your spouse can apply for a K3 visa with a U.S. consulate or embassy, a petition will need to be approved by the United States Citizenship and Immigration Services (USCIS). A dedicated New York City immigration lawyer from our firm prepares and files this petition and, when required, takes determined actions in working with the USCIS towards getting your petition approved. In your petition, we must show that you are factually a citizen of the United States, are legally married and have filed an immigration visa petition with the USCIS.
In order for your spouse to apply for the K3 visa, he or she will have to provide a valid passport, proof of a medical examination and a birth certificate. A divorce or death certificate is required if your spouse had a prior marriage. In addition, a police certificate of good conduct from the age of 16 onwards will be needed as well as evidence on where your spouse has resided for 6 months or more.
Once the K3 visa is approved, the sole way that your spouse can obtain permanent residency is through your marriage and not in any other fashion. With USCIS approval, your spouse may also apply for work authorization in the U.S.
We can assist you throughout the entire procedure, including consular processing. At times, aggressive actions may need to be taken so that any barriers are quickly taken care of. This is where our knowledge and experience can greatly assist you and your family through the sometimes complex visa process.
Contact a New York City immigration attorney from our firm if you are a married U.S. citizen and need to obtain visas for your spouse and children to come to the U.S.
**This is general information and is NOT intended to provide legal advice.
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