Do You Know the Limitations of the K-3 or K-4 Spouse Visa?

kissing couple with kid

While the K-3 and K-4 visa offers many benefits, there are some other considerations to think about, depending on your personal situation.  For example, did you know that even though an immigrant visa is immediately available when a K-3 Petition for Alien Relative reaches the Department of State, but then your spouse’s children are no longer eligible for K-3/K-4 nonimmigrant status?  In that situation, the children must immigrate as lawful permanent residents.  If the K-4 visa holder does not have an approved Petition for Alien Relative at the Department of State at that time, he or she will be ineligible to immigrate with the spouse of the USC.

It is advisable that the U.S. citizen petitioner file a separate green card petition on the child’s behalf concurrently with the green card petition that is filed for the spouse.     While there is no requirement that a separate application needs to be filed for the child’s petition, it is advisable if a K-4 visa is desired.

K-3 or K-4 nonimmigrant visa holders are only admitted for a 2-year period.  A K-3 or K-4 nonimmigrant visa holder may apply for an extension of status in 2-year increments as long as the marriage-based green card visa petition or a corresponding application for adjustment of status or visa application is still pending adjudication.  A K-4’s authorized stay automatically expires when the K3’s status expires.

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What Does President Obama’s Immigration Reform Mean to YOU?

Immigration-reform-2014

President Obama’s immigration reform has created more immigration options for millions of undocumented individuals in the U.S. while promising to keep Americans safer.

  • Parents of U.S. citizens and lawful permanent residents (of any age) who have been continuously present since 1/1/10, and who pass background checks and pay taxes, will be eligible to apply for deferred action, which will be granted for a 3-year period.
  • Parents of Deferred Action for Childhood Arrivals (DACA) recipients are not eligible for the above relief, however the DACA program itself will be expanded.  The program guidelines will be revised to eliminate the age cap, and to change the date that continuous presence must have started to 1/1/10.
  • Individuals with an approved employment-based immigrant petition who are caught in the quota backlogs to file for adjustment of status will be advanced to permit them to obtain the benefits of a pending adjustment.
  • New reforms also promise to aid job-creating entrepreneurs gain access legal means to enter and operate in the U.S
  • To make the best use of limited ICE resources, newly outlined enforcement priorities will focus on security measures to keep suspected terrorists, convicted felons (including aggravated felonies), convicted gang members, out of the United States.  Additionally, close attention will be paid to people apprehended at the border, people convicted of serious or multiple misdemeanors, and very recent entrants.

You CAN obtain a green card for your child(ren) when you obtain a marriage based green card through your U.S. citizen spouse!

Dance-Of-Life-Wood-Couple-with-Child

If your petitioning spouse is a U.S. citizen the children are full biological children or legal step-children, they may qualify for green cards as the U.S. petitioner’s immediate relatives.  The children must be unmarried and under 21, and if they are step-children, they must have been under 18 years of age when you married.   Immigration laws give a high priority to applicants who are immediate relatives.   Also, there are no annual limits on the number of green cards issued for immediate relatives, and waiting periods. Your Immigration Angel is available to help you with any of your immigration needs today!  Call or email for a free consultation.

Your child(ren) CAN accompany you to the United States on a K visa too!

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If you are a qualified K-3 nonimmigrant visa applicant, your child may be eligible for a K-4 visa.  USCIS will allow your child to accompany you if he or she is 21 years of age or under, and is unmarried.  Additionally, for the children of the non-citizen parent to be eligible for the K-4 U.S. visa, the parent’s marriage to the petitioning U.S. citizen spouse must have occurred before the child(ren) were 18 years of age.

Lawful Permanent Resident? You can Bring your Spouse and Child(ren) to the U.S.!

family immigration

As a lawful permanent resident (LPR) of the United States, you are allowed to live in the United States indefinitely even if you are still a foreign national.  Permanent residency also entitles you to work in the United States and to travel in and out of the United States without seeking additional visas or permissions.  However, what is usually most important to many LPRs is the ability to petition for a foreign spouse or child(ren) to be granted permanent residency through a green card.  You can petition for your spouse and children and there are always green cards available, because they are immediate relatives!  For more information on petitioning for your spouse and child(ren), contact Your Immigration Angel today!

The Violence Against Women Act: Helping Undocumented Immigrants Suffering from Domestic Abuse

abused woman

The Violence Against Women Act or VAWA, provides wide-ranging support and comprehensive immigration law benefits for victims of domestic violence.  VAWA has also provided a foundation for federal financial support, as well as additional guidance for state and local law initiatives.  There has been significant progress in addressing the domestic violence crimes against immigrants.  However, many abused immigrant men and women are unsure of their rights.  If you or someone you know is being abused or thinks they are being abused and is an immigrant, please, feel free to contact Your Immigration Angel for a free consultation today.

 

Is BIG Immigration Reform Around the Corner?  Actions Speak Louder Than Words! 

Passport immigration stamp

Although President Obama has yet to issue any statements or take official actions on immigration reform, it seems very likely that the government is gearing up ahead of a new immigration initiative.  On October 6, 2014, U.S. Citizenship and Immigration Services (USCIS) drafted a request for bids from potential vendors  for supplies “to support possible future immigration reform initiative requirements.”  These vendors specifically must be capable of handling a scenario of 9 million ID cards issued in one year.  The agency seeks to buy the materials need to construct both Permanent Residency Cards (PRC) aka “Green Cards,” and Employment Authorization Documentation (EAD) cards, also used for the “Deferred Action for Childhood Arrivals” (DACA) program instituted by President Obama in 2012.  The proposal request indicates that the agency will need a minimum of four million cards per year.  However, a “surge” predicted in 2016 would mean the agency would need an additional five million cards – more than double the baseline annual amount for a total of 9 million.

It is rather telling that the proposal request also states that: “The guaranteed minimum for each ordering period is 4,000,000 cards. The estimated maximum for the entire contract is 34,000,000 cards.”  These actions tend to indicate that immigration reform is coming, and in a substantial way! Stay tuned…