Were you recently married to a citizen of another country? If so, you know very well of the aware of the long and stressful process that can sometimes ensue after a wedding ceremony. Trying to obtain citizenship for your spouse or wedding for permanent residency can seem like ages when your spouse is a non-citizen. To avoid a lot of the complications that separation can cause a married couple, spouses may apply for a K-3 visa, or a non-immigrant spouse visa. These visas grant the spouse of a legal U.S. resident residence while waiting for their permanent residence or naturalization ceremony.
There are a few documents that must first be acquired before applying for a marriage visa. The non-resident spouse must petition with the Department of Homeland Security as well as the Immigration Services with an I-130 form. Once you have received an I-797 form in response, you will need to file an I-129 form and send it to the UCSCIS. Once the approval of this form is complete, the I-129 form will then be forwarded to the National Visa Center for processing.
One more step in the application process requires both spouses to participate. The IR-1 visa requires that both spouses apply in order to grant the non-citizen spouse a K-3 visa. It is important that throughout this entire process, the applying party keep track of all medical records, passports, birth certificates and marriage licenses. This process can be long and confusing and sometimes when children are involved, the amount of forms and paperwork can pile up relatively quickly.
If you are feeling confused or have questions regarding eligibility for your or your spouse, it is important that you contact Pozo Goldstein, LLP today. Our lawyers can help speed up the process and make sure that all the rights are being withheld for both parties. Why risk your marriage with immigration regulations? Contact us today.