Archive for Marriage Visa

John Buda

John Buda

Guest post by Immigration Attorney John Buda
Buda Law Group

Approvals of an I-130 after filing for a K3.  USCIS approves the I-130 and the NVC drops the K non-immigrant visa in the process.
What happens to the Children over 18?

Mr. Buda welcomes your questions in comments below.

My name is John Buda.  I am an immigration attorney practicing in Los Angeles, California.  I am writing today to help clarify a complicated and clumsy part of the immigration code that deals with K4 children over 18.

As most readers of this blog already know, a K4 visa is the “derivative” of the K3 visa that is issued to the spouse of a US Citizen.  The K3 is issued to the spouse in order to allow the spouse to travel to the United States to join the US Citizen spouse, and change their status to that of permanent resident while here in the United States.

U.S. Congress adopted the Life Act of 2000 for the purpose of reuniting families that could be subject to a long period of separation during the process of immigration to the United States. The result of this act of Congress was the K3/K4 visa. The K3/K4, non-immigrant visa allows spouses of U.S. citizens and the children of those spouses who are under 21 years of age and unmarried to enter the U.S. while their I-130 petition was pending.

The I-129F, filed by the U.S. spouse on behalf of a K3/K4 spouse and their children was to speed things up. Recently U.S. Citizens and Immigration Service (USCIS) has eliminated much of it’s backlog, including the I-130, reducing the process time to where some say, it takes the same time for the I-130 as the I-129F to be approved.

Categories : Marriage Visa
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