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Bringing your immigrant spouse into the United States

On Behalf of | Nov 12, 2022 | Immigration Law

It is the dream of many people around the world to live and work in the United States. However, those hoping to enter the country for safety, personal reasons, reunification with family or employment purposes may find the journey difficult and complicated. The immigration process is challenging and confusing, and it is not always easy to accomplish one’s immigration goals. It can take months or years to effectively navigate the process of securing a visa or the appropriate permission to enter the country. 

If you currently reside in Florida and are a citizen of the United States, and you hope to bring your non-citizen spouse into the country, you will need a specific type of visa to do this. There may also be a way for your spouse to come into the country and reunite with you as you await approval of Form I-130. Before you begin this process, it may be helpful to learn about all of the options you have and what you can expect from the process. 

Eligibility for a K-3 visa 

As a U.S. citizen working to bring your foreign spouse into the country, a K-3 visa is the right option for your specific situation. This type of visa can provide the opportunity for a non-citizen spouse to enter the country while waiting on approval on Form I-130. This shortens the amount of time that your family has to live apart, easing the strain of separation while you are navigating other steps of the immigration process. Your foreign spouse could be eligible for a K-3 visa if the following apply: 

  • He or she is married to you. 
  • Your spouse is the beneficiary of Form 1-130, Petition for Alien Relative that you filed on his or her behalf.  
  • Your spouse wishes to enter the United States as he or she awaits a decision on Form I-130. 

If your spouse has a foreign-born child, it may be possible to seek a K-4 visa. This option would provide you with the chance to bring your spouse’s child into the U.S. along with his or her father or mother. These two types of visas provide a chance for faster family reunification. As you attempt to bring your spouse into the United States, you may benefit from the guidance and insight of a professional who can help you understand the most appropriate way forward.