Spouses of U.S. citizens who obtained a K-3 visa can enter the United States in a nonimmigrant visa category, and at the same time, they wait to be able to apply for lawful permanent residence status. This is why it is usually used as one of the strategies to quicken the process of obtaining the CR-1.
To apply for this type of visa, K-3 visa, as for any other categories, there are certain requirements that you have to meet. Firstly, you have to be legally married to a U.S. citizen. This means that you can provide a marriage certificate as proof.
Then, you have to possess a family-based I-130 immigration petition filed by your spouse, who is a U.S. citizen. So, the petitioner does not submit this form by the beneficiary on the petitioner’s behalf. A third requirement is a fact that you seek to enter the United States to await your green card petition’s approval and subsequent lawful permanent resident status.
In 2019, the USCIS only issued a total of five K-3 visas, illustrating how rare it is for couples to choose this option. Still, it has certain benefits why so many people choose it.
Compared to marriage-based immigration visas, the K3 visas generally have shorter waiting periods. On average, it takes about 6 to 9 months, which is similar to the period that it takes USCIS to approve the marriage green card application.
If you are issued with the K-3 visa, you can apply for a work permit. You can do this by submitting Form I-765 and engage in employment when the EAD has been issued. As a K-3 visa holder, you may accept employment in the United States by obtaining an Employment Authorization Document. This step is crucial as you may not begin any employment in the United States until the EAD is issued.
If you have children who are under 21 years old, they can also accompany you to the United States. Your children will not use the K-3 visa, but they will be on the K-4 dependent visa and named in your visa petition. They may also be eligible to get employed during their stay in the U.S.
So, how can you apply?
As we mentioned earlier, your spouse, who is a U.S. citizen, has to file an I-130 form on your behalf. Afterward, he or she will receive Form I-797, Notice of Action.
This form indicates the USCIS has received the Form I-130 and that your spouse should file a Form I-129F on your behalf. It is important here not to forget to attach a copy of this Form I-797 with this package.
Upon approval, USCIS will forward the Form I-129F to the National Visa Center (NVC). The next step in processing forwarding application to the appropriate American Consulate so that you can apply for the K3 visa
While you wait for the approval of Form I-130, you can remain in the United States. Moreover, you will be able to apply for lawful permanent residence status (adjustment of status) instead of having to wait outside the United States as the law previously required. Are you looking for the best paying casino websites? Check out https://fancasinos.org/best-payout-online-casino/ and find the highest payout casinos. These websites give a big RTP, and they accept people from all countries, so being an immigrant won’t be a problem.
The priority date determines your place in line/the queue. The priority date, according to the USCIS, is normally that date when the relative or employer of the applicant files the immigrant’s visa petition with the USCIS. You should be able to locate the priority date on the Notice of Action (Form I-797) which was filed on behalf of the applicant. The USCIS officer should verify the priority date “by reviewing the actual immigrant petition or permanent labor certification application.”
Priority dates for family-sponsored preference cases
“For family-sponsored immigrants, the priority date is the date that the Petition for Alien Relative (Form I-130), or in certain instances the Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360), is properly filed with USCIS.”
Priority dates for employment-based preference cases
Immigrants seeking visas and green cards based on employment have their priority date set on the earliest of the:
- The date the petition is properly filed with the USCIS
- Date “the permanent labor certification application was accepted for processing by the Department of Labor (DOL), when a labor certification is required.”
Other factors may determine the priority date as well.
What is Classification Conversion?
In some cases, the USCIS officer must consider the visa classification and the special priority date – when reviewing the availability of visas. Sometimes, the classification of the petition may shift automatically based on circumstances subsequent to the filing. While this shift doesn’t affect the applicant’s priority date – it can affect the availability of the visa.
For some family-based applications, the “applicant can elect to opt-out of the classification conversion when it is advantageous to do so” – provided they are eligible.
Use of earlier Priority Dates
Sometimes, applicants have multiple applications pending – each with different priority dates. In this case, the applicant may opt to use an earlier priority date instead of the later date on the most recent petition. In this scenario, the applicant should inform the USCIS officer of his/her intent to use the earlier priority date – “by including an approval notice for the previous petition in the adjustment application packet.” This situation can occur for both family-based petitions and for employment-based petitions.
“Specifically, in the event that an applicant is the beneficiary of multiple approved employment-based petitions filed under 1st, 2nd, or 3rd preference, the applicant is entitled to the earliest priority date.”
Similarly, an applicant with an approved Form I-526 filed on or after November 21, 2019, is generally entitled to the priority date of a previously approved 5th preference immigrant investor petition.”
When earlier Priority Dates may not be used?
The option to use an earlier priority date normally doesn’t apply for Adjustment of Status petitions in the following situations:
- If the application was denied or ended due to misconduct – such as “fraud, willful misrepresentation, or material error”
- “The beneficiary is no longer eligible for the classification for which the petition was filed and does not qualify for automatic conversion”
- The “DOS terminated the registration of an applicant who failed to timely file for an immigrant visa, thereby automatically revoking the petition”
- The applicant already used the earlier petition to immigrate
The priority date of an earlier approved petition (in cases of employment-based 1st, 2nd, and 3rd preference categories) can’t be used for a later petition if the approval of the earlier petition was revoked by the USICS due to:
- “The petition was approved in error
- Department of Labor revoked the labor certification associated with the petition,
- USCIS or DOS invalidated the labor certification associated with the petition
- Due to fraud or the willful misrepresentation of a material fact.”
Employment-based 5th preference cases
There are special considerations, regarding using an earlier priority date, for 5th preference employment immigration petitions. The earlier priority date can’t be used:
- “If the alien was lawfully admitted to the United States for permanent residence using the priority date of the earlier approved petition”
- “If USCIS revoked the approval of that petition based on a material error”
The inability to use the earlier priority date if the earlier approved petition involved fraud or misrepresentation of a material fact only applies if the prior misconduct includes “fraud or willful misrepresentation – of that material fact.
To discuss your priority date and cut-off date, your place in the green card line, call Herman Legal Group at +1-216-696-6170 or complete our contact form to speak with you.