Cavanaugh Law Office » Marriage Visa

K-3 Visa & Marriage Visa Process Change

Millie — Wed, 24 Feb 2010 08:43:22 +0000

The US Department of State recently announced a change to the way they process K-3 Visa applications.

In the past, US citizens or lawful permanent resident spouses would use a K-3 visa to bring their husband or wife to the US. Unlike normal spousal visa processing abroad (via form I-130), a K-3 visa only granted the spouse the right to move to the United States for the purpose of applying for a green card via the adjustment of status process. During periods of high I-130 backlog, the K-3 visa was a good choice for families who wished be together in the US.

To get a K-3 visa, the US citizen spouse would file form I-130 in the United States just like he was applying for a full marriage visa. However, as soon as USCIS confirmed receipt of the application, the spouse would then apply for a K-3 visa on form I-129f. Given that I-130’s for marriage visas were processed much slower than I-129f applications, the foreign national spouse would typically receive the K-3 visa even before the marriage visa application was approved.

Recently, however, differences in processing times for the I-130 and I-129f petitions have been almost negligible. As a result, the K-3 visa has lost favor with families and immigration officials alike, prompting a change in the K-3 visa policy.

Effective February 1, 2010, if both the I-129f (K-3) and the I-130 (marriage visa) are approved by USCIS and sent to the National Visa Center, the K-3 visa application will be closed.

If the NVC receives the I-129f first, it will be processed as a K-3 visa and sent to the embassy or consulate where the marriage took place or, if married in the US, where visas are issued for the spouse’s country of nationality.

Spouses of Deceased US Citizens Get Immigration Protection

Millie — Wed, 10 Jun 2009 06:01:00 +0000

DHS recently announced that a green card applicant who is the husband or wife of a deceased US Citizen may be eligible to receive temporary protection from deportation if he or she is widowed before the two year anniversary of the marriage. The announcement comes in response to an Los Angeles immigration judge’s ruling that ordered USCIS to review cases where immigrants whose spouse died before the green card process could be completed were denied green cards under the “widow penalty”. This “deferred action” only prevents deportation – legislation will have to be passed in order to make the green card permanent.

Washington man hospitalized on way back from CDJ consulate

Millie — Tue, 19 May 2009 04:54:18 +0000

A 62-year-old Washington man was hospitalized in Denver on his way back from his wife’s visa interview for a permanent resident green card (LPR) at the US Consulate in Ciudad de Juarez (CDJ), Mexico. The couple’s immigration attorney was unable to communicate with either of her clients as the husband was under sedation and the wife was unreachable following her visa application denial.

Source: The News Tribune