K-3 Visas

“The Right Immigration Attorney Makes All The Difference”

Foreign nationals who are spouses of United States citizens, and the foreign national spouse’s children under the age of 21, can enter the United States on nonimmigrant K-3 and K-4 visas and adjust their status to permanent residence after entry. Before a K-4 visa can be issued to the child of a foreign national spouse of a United States citizen, the foreign national spouse must have a K-3 visa or be in K-3 status.

Two petitions must be filed with U.S. Citizenship and Immigration Services (USCIS) to obtain a K-3 visa. After USCIS approves the second petition, which is a variant of the fiancée visa petition, it is sent by USCIS to the National Visa Center. The National Visa Center then sends the petition electronically to the embassy or consulate in the country in which the marriage took place. If the marriage took place in the United States, the National Visa Center will send the petition to the embassy or consulate in the foreign national spouse’s home country. Certain countries do not have United States embassies or consulates. These petitions are sent to the embassy or consulate that issues visas for the spouse’s home country. An interview is held at the United States embassy or consulate in the country in which the marriage took place unless there is no embassy or consulate in that country or the marriage took place in the United States.

The K-3 petition is valid for four months from the date of approval. A consular officer can extend the validity of the petition if it expires before the foreign national spouse finishes processing the visa.

Children of foreign national spouses do not need separate Alien Relative Petitions, but do need to be named on the K-3 petitions. Separate Alien Relative Petitions must be filed for the foreign national spouse’s children before they qualify for permanent residence after entering the United States on K-4 visas. When K-4s adjust status in the United States, they must file separate applications to adjust their status with USCIS. In order to qualify as a child under the Immigration and Nationality Act, a child must be under the age of 21 and unmarried.

A K-3 visa holder is eligible to file for employment authorization in the United States.

K-3 and K-4 visa holders cannot change status in the United States to another non-immigrant visa category.

Foreign nationals present in the United States in K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3 or K-4 visas. If the K-3 or K-4 visa holders have filed for adjustment of status in the United States prior to departure from the United States, USCIS will not presume that the departure constitutes abandonment of an adjustment of status application. K-3 and K-4 visas are multiple entry visas which are valid for two years.

May Law Group, LLC, successfully files many K-3 visa applications each year and has vast experience in dealing with the foreign consulates and embassies at which the K-3 visas applicants are interviewed.

To speak with a May Law Group immigration lawyer please call 412-291-4400 (Pittsburgh); 215-880-4977 (Philadelphia); 347-839-1700 (New York City). To speak to an immigration lawyer about your immigration goals, including obtaining a work visa in Philadelphia or Pittsburgh, Pennsylvania, West Virginia, Ohio, New York or anywhere in the United States, we welcome you to contact us online or call 412-291-4400 (Pittsburgh) | 215-880-4977 (Philadelphia) | 347-839-1700 (New York City). Free consultations are available. We represent clients throughout the United States, including Pittsburgh and Philadelphia, Pennsylvania, West Virginia, Western Pennsylvania, Eastern Ohio, New Jersey, Philadelphia County, Allegheny County, and worldwide in Korea, Africa, India, and Pakistan.

Notice of Intent to Revoke I-130 or 129F

Defending Your Marriage, Your Family, Your Immigration Status

U.S. citizens or lawful permanent residents who wish to bring a relative or a fiancé(e) to the United States to live permanently must file an immigrant petition with the United States Citizenship and Immigration Services (USCIS).

Form I-130 (petition for alien relative) and Form 129F (petition for a fiancé(e)) establish the sponsor’s relationship with the relative or a fiancé(e) and the eligibility of both parties.

Notice of Intent to Revoke I-130 or 129F

Sometimes, USCIS will initially grant these petitions but later send a notice of intent to revoke (NOIR) the approval of an I-130 or 129F. A notice to revoke approval of an I-130 or 129F means that USCIS questions:

The validity of your relationship with the person whom you want to bring to the United States

Your eligibility to sponsor a relative or fiancé(e)

The eligibility of the person you wish to sponsor

Building a Case Against Revocation

You will have an opportunity to submit evidence showing why the acceptance of your petition should not be revoked. It is important to speak to a skilled immigration lawyer as soon as possible in order to help you prepare this information.

The attorneys of May Law Group are experienced in cases involving a notice of intent to revoke I-130 and 129F petitions. All of our filings to overcome a Notice of Intent to Revoke have been successful to date. A notice to revoke may be based on inaccurate information. For example, it may include information about a person other than the one you seek to sponsor. These mistakes can be cleared up, but proper procedures must be followed and deadlines must be met.

Appealing a Revocation

After considering the evidence and arguments against revocation, USCIS may still choose to revoke approval of your petition. In these cases, you will receive a written notice that explains the specific reasons for the revocation. You have just 15 days from the date you receive this notice to file an appeal of the decision to revoke approval of your petition.

Please do not delay. Contact the immigration lawyers of May Law Group if you have received a notice of intent to revoke or a notice of revocation of the approval of your I-130 or 129F petition. We offer a free initial consultation. From offices in New York City and Pittsburgh, Pennsylvania, we represent clients from throughout the U.S. and around the world.