What is US Citizen by Birth

• You are an American citizen by birth if you were born in the US
• .You are an American citizen by birth (in most cases), even if you were born outside the US but if both your parents are US citizens, and at least one of them lived in the US at some point in his/her life.
• You are an American citizen by birth (in most cases), if, according to the USCIS guide ALL of the following is true
• One of your parents were a U.S. citizen when you were born
• Your citizen parent lived at least 5 years in the United States before you were born
• At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday.

Benefits of US Citizenship

• There are several benefits of becoming a US citizen. You are entitled to certain tax exemptions, job benefits, scholarships and grants at educational institutions, flexibility in traveling to other countries, and the right to vote, thereby voicing your choice in the government's policies. Once you become a citizen, your children, 18 or younger automatically become US citizens. These are some of the basic advantages.
• If you decide to become a US citizen, but choose to retire in a different country, you are still entitled to receive full Social Security benefits. There is no fear of deportation or any anxiety of re-entering the country. Citizens have the ease of leaving or re-entering the US without any hassles.
• You would not have to worry about renewing green cards every 10 years, after you become a US citizen. You can also petition for your other family members to come to the US with shorter waiting lists.

US Citizenship

Citizenship Overview
After you have lived in the US as a permanent resident (a green card holder) for a certain number of years, the next step is to apply for US citizenship. US citizenship can be acquired by birth or by the process of naturalization. The process of an immigrant becoming a US citizen is termed as ‘naturalization'. If you are not born in the US, you have to naturalize to become a US citizen.

Green Card | What is Green Card

A Green Card is a Permanent Visa to USA. Green Card gives you the status of permanent resident and legal rights to work in United States. Once you have a green card you may apply for USA Citizenship. The Green Card does not affects your present citizenship.
Green card gives you permanent U.S. resident status, which allows you the freedom to leave and return to the U.S., to seek employment, to study according to your wish. It gives you the same rights as an American citizen, and you can also retain your citizenship in your native country. With permanent resident status (green card), you can expand your business in America without any problems.
There are 5 main ways an individual can obtain permanent residency or green card for United States

• Sponsorship by an Employer
• Investment
• Sponsorship by a close Family Member in the United States
• The Diversity Visa Lottery Program
• Asylum & Refugee Status

R-1 Visa

For Temporary Workers in Religious Occupations

Q-1 Visa

For International Cultural Exchange Aliens.

P-1, P-2 and P-3 Visa

For Athletes and Entertainers

O1 & O2 Visa

For Extraordinary Ability or Achievement

H3 Visa

H3 Visa is a Trainee Visa to USA

H2A Visa

H2A Visa is a Agriculture worker visa to USA.

Dependants of E Visa Holders

Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal alien. Dependents are not authorized to work in the United States with the E Visa Status. You may also bring a domestic or personal servant on nonimmigrant status, provided you can show that:

He or she is not abandoning his or her residence abroadHe or she has served you for at least one year, or has had an ongoing employment relationship with you and has at least one year of experience as a servant

Required Documentation for Treaty Investor Visa

• An application Form DS-156E, completed and signed. Blank forms are available without charge at all U.S. consular offices.
• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person must complete an application.
• One (1) 2x2 photograph. See the required photo format explained in Nonimmigrant Photograph Requirements.
• All male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply, must complete and submit a form DS-157 in addition to the Nonimmigrant Visa Application (DS-156E).
• As part of the visa application process, an interview at the embassy consular section is required for almost all visa applicants. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. During the visa interview, a quick, two-digit, ink-free fingerprint scan will be taken, as well as a digital photo. Some applicants will need additional screening, and will be notified when they apply.

E2 Visa, Treaty Investor Visa

Investors from qualifying countries may apply for an E2 visa in order to 'Direct and Develop' their investment. They may also apply for E2 visas for key managerial and specialist employees. In contrast to the L1 visa, there is no requirement that such employees have worked for the Investor for at least one year in the last three, nor is it necessary for the Investor to continue operations outside the USA while the Investor or his/her employees are in the USA.
E2 visas may only be applied for by people or companies from the following countries:

Argentina, Armenia, Australia, Austria, Bangladesh, Belarus, Belgium, Bosnia-Herzegovina, Bulgaria, Cameroon, Canada, China (ROC),Colombia, Congo, Costa Rica, The Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia,Germany , Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Kazakhstan, Korea, Kyrgyzstan,Latvia, Liberia, Luxembourg, Mexico, Morocco, Moldovia, Mongolia, Netherlands, Norway, Oman, Pakistan,Panama, Philippines, Poland, Romania, Senegal, The Slovak Republic, Spain, Sri Lanka, Suriname, Sweden, Switzerland,Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, The Ukraine, United Kingdom, Uzbekistan, Yugoslavia.

Visa Eligibility

• The investor, either a real or corporate person, must be a citizen of a treaty country (listed above)
• The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise
• The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment
• The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States
• The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed
• The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

E1 Visa - Treaty Trader Visa

Nationals of qualifying countries may apply for an E1 visa in order to 'Develop and Direct' import/export trade (of goods or services) between their own country and the US. They may also apply for E1 visas for key managerial and specialist employees. Unlike the L1 visa, there is no requirement for such employees to have worked for the Trader for at least one year in the last three.
The following countries have treaties with the United States that allow qualifying nationals to apply for Treaty Trader status:
Argentina, China (ROC), France, Italy, Netherlands, Sweden, Australia, Colombia, Germany, Japan, Norway, Switzerland, Austria, Costa Rica, Greece, Korea, Oman, Thailand, Belgium, Denmark, Honduras, Latvia, Pakistan, Togo, Bolivia, Estonia, Iran, Liberia, Philippines, Turkey, Brunei, Ethiopia, Ireland, Lux'bourg, Spain, U.K., Canada, Finland, Israel, Mexico, Suriname, Yugoslavia.

Visa Eligibility

• The applicant must be a citizen of a treaty country (listed above)
• The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country
• The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade
• The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality
• Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other
• The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.

Types of E Visa

E1 Treaty Trader Visa 

and E2 Treaty Investor Visa

E Visa, Visa for Treaty Traders and Treaty Investors

An E Visa is a non-immigrant visa status for a citizen of a country with which the United States maintains a treaty of commerce and navigation. It's for visitors who are coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital.

Trade must already be established at the time the E visa application is filed. Investments, however, may be prospective, provided that the funds are irrevocably committed to the investment, contingent only upon the issuance of the visa. Investment funds may come from any country, including the U.S., as long as they are controlled by the investor applicant.

Required Tests for International Students

Scholastic Aptitude Test(SAT)
An examination administered by the Educational Testing Service and used to predict the facility with which an individual will progress in learning college-level academic subjects.

Graduate Record Examination(GRE)
The GRE General Test is a required examination for applicants seeking admission to graduate schools in fields other than business, law, and medicine. This is a computerized test which is offered the last 3 weeks of every calendar month year around. The test measures students on verbal skills, quantitative skills (mathematics), critical thinking, and analytical writing skills that they have acquired and honed over a long period of time during their formative years of academic studies but not related to any specific field of study.

GRE Subject Tests

The GRE Subject Tests gauge undergraduate achievement in the eight disciplines listed below. Each Subject Test is intended for students who have majored in or have extensive background in that specific area. Prospective graduate applicants take the Subject Tests. GRE test scores are used by admissions or fellowship panels to supplement undergraduate records and other qualifications for graduate study. Any accredited graduate or professional school, or any department or division within a school, may require or recommend that its applicants take the General Test, a Subject Test, or both. 

 

The Eight Disciplines are: 1. Biochemistry, Cell and Molecular Biology, 2. Biology, 3. Chemistry,

4. Computer Science, 5. Literature in English, 6. Mathematics, 7. Physics, 8. Psychology

General Management Aptitude Test (GMAT)

The GMAT is required for admission to business school. This is a computerized test which is offered the last 3 weeks of every calendar month year around. It tests students on verbal skills, quantitative skills (math) and analytical writing skills. This examination created and administered by the Educational Testing Service on behalf of the Graduate Management Admission Council. Virtually all good-quality business schools in the world require it for their full-time MBA programs.

Test of English as a Foreign Language(TOEFL)

The TOEFL is required to assess the English proficiency of people who speak English as a non-native language. It is a required exam for those students wishing to begin undergraduate or graduate study in the US. The TOEFL is a computer exam which is given year round. There are 4 sections: listening comprehension, structure, reading comprehension and writing.

Process to Acquire a Student Visa

• Figure out what test you need to takeRegister for the testTake and pass the test in home country
• Find a University you would like to Attend in the United States .Apply to the College/University. Fulfil all formalities of registrationObtain an I-20 (After all your registration formalities has been completed the College/University will send you an I-20 which you will need while applying for the visa.)
• You will apply for the student visa and go through a visa interview at a US consulate in your home country. If your immediate family is coming to USA with you on a Student Dependant Visa, then apply for their visa at the same time as yours. Visa will be issued for the duration mentioned on your form I-20. (In practice most students get five-year visas irrespective of the duration mentioned on the I-20).
• Get the Visa Stamped
• Communicate with your College/University for important information and key dates.

Types of non-Immigrant Student Visas

1. F1 Visa: Academic Studies For people who want to study or conduct research at an accredited U.S. College or University. In order to be qualified for getting an F1, you must be accepted by an recognized university as a full time student. You must also prove the sufficient proof of financial support during this stay in United States. Except for the training required by the course a F-1 holder cannot work in the United States.

2. J Visa: Academic Studies as an Exchange Visitor For people who will be participating in an exchange visitor program in the U.S. The "J" Visa is the primary visa for educational and cultural exchange programs. Check out the details about working in the U.S. with your program sponsor.

3. M Visa: Non-Academic or Vocational Studies For people who want to study or train at non-academic institutions in the U.S. such as vocational schools.

Student Visa Overview

Documents required for L2 visa

• Completed Non-immigration Visa application form DS-156. Separate form for each applicant.
• Completed form DS-157
• Application visa fee original receipt issued by HDFC bank.
• Copy of interview appointment letter which you get at the time of setting appointment with VFS.
• Valid passport of each applicant.
• One photograph : 2 and 2 inches square (50 mm square) for each applicant, showing full face, without head covering, against a light background. To be used in the application Form.
• If the applicant is below 14 yrs of age, Original Birth Certificate of this applicant (child) is required.
• Your original marriage certificate.
• Entire wedding photo album.
• A copy of of each sides marriage invitation card.
• All 36 pages of the principal applicant's(L1 holder's) passport (if not applying with principal applicant).
• Copy of spouse's L1 approved petition. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
• Spouse's(L1 holder's), employment verification letter.
• Pay stubs from principal applicant's L1's current place of work.
• Copy of L1 holders income tax return.
• Demand draft for visa issuance Fee.

L2 Visa

Dependent family members of L1 visa holders can obtain L2 visa. Immediate family members like spouse and children under 21 yrs can qualify for this visa.
A L-2 visa holder can:

• Reside in the U.S. for the duration of the L-1 visa holder's authorized duration of stay.
• Work in the U.S. with EAD (work authorization) approved from the USCIS.Study full-time study in the U.S.
• Travel in and out of the U.S. as many times as they want.

Difference between L-1A Visa and the L-1B Visa

The L-1A Visa is for Managers and Executives. A benefit of being on an L-1A visa is the ability to apply for a Green Card (Permanent Residence), without going through the process of Labor Certification, after only one year in L-1A status. The L-1B Visa is for key employees (accountants, computer programmers, etc.).

L1 Visa, Intra Company Transferees

L1 visa is an intra company transfer visa. It is a permit to work for a company in USA, to which you are transferred from the parent or the sister concern company of your country.

Requirements

L1 visa is filed by your company, and needs to be approved by the USCIS. The requirements for L1 visa are:

It can be issued only to an L1-A(Executive, Manager) or to a person with L1-B(specialized knowledge worker).
Individuals cannot apply for an L1 visa. Your employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf for L1 sponsorship.

The person must have worked for at least one year within the past three years and you will be performing duties in the U.S. for the same employer or an affiliate.
Maximum limit for L1(A) visa is 7 years for executives, and managers. And 5 years for people with specialized skills L1(B).
The L-1 petition must specify, that both the U.S. and the parent company involved are qualified organizations.
A letter from US based company, justifying the need of the person.

Facts about B-1 visa

• Business visa (B-1) is meant for business purpose only. Legally, you are not allowed to work in the USA as a B-1 visa holder.
• You are allowed to rent an apartment on B-1 visa. You might be required to show a recommendation letter from your company, and proof of your identity (i.e. your passport).
• You may open a bank account by showing proof of your identity (passport).
• You can get the ATM or debit card, from the bank in which you have opened your account, but not a credit card. Though most places ATM card can be used.You can rent a car, only if you have a valid driving license from your country (IDP or State Driving License). However, some US states insist on having a IDP (International Driving Permit).
• Initially you can drive in any US state on your IDP or State driving license, for a limited period of time. Rules vary from state to state. Confirm this from your local DMV office.
• You can't join any educational institute on B-1 visa.
• You can get a telephone/ cable connection installed in your apartment.
• You cannot convert B-1 to H-1 status, while you are in USA.
• B-1 visa can be extended for the maximum of total 1 year stay in USA.
• You are not liable to pay any taxes on your allowances, since it is not a salary

Qualification for Business Visa

Applicant must demonstrate that :

• The purpose of their trip is to enter the U.S. for business;
• That they plan to remain for a specific, limited period;
• Evidence of funds to cover expenses in the United States;
• Evidence of compelling social and economic ties abroad;
• That they have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.

B1 Visa, Business Visa to US

People who wants to visit USA for certain kinds of "business" related travel can apply for Business visa known as B-1 visitor visa . The definition of "business" under immigration law is limited to :

• The term "business" is limited to the negotiation of business contracts.
• Consultation with business associates, litigation.
• Participation in scientific, educational, professional or business meetings, conventions, conferences or seminars and other legitimate activities of a commercial or professional nature.

The length of business visa can be few days to 10yrs multiple entry. The actual stay of each visit is given at the port of entry while you enter into USA. Generally each visit can not be more then 6 months.

Supporting Documents for Visitor Visa

Since the basic criteria for Tourist/Visitor (B1/B2) visa is to demonstrate strong ties back in your home country and to convince the consular officer that applicant has some bindings back in India/home country and that he/she will come back after his visit. The applicant must provide sufficient and convincing proofs and documents which supports his claim to return back and have no intention to stay in USA after the visa expires. To support this, one can provide the following documents, which can be helpful to convince the consular officer that he/she has strong ties to his/her country and is likely to return back.

• Original property papers like house, shop or business ownership documents etc. which a person owns in India/home country. If no papers available make a notarized affidavit for the same.
• Family bindings like unmarried children,old aged parents and other family responsibilities.
• Original Bank statements/Passbook.
• Fixed Deposit/ Share/mutual funds statement.
• Tax returns statements if any.
• If person is an employee, then show proof of employment and proof of leave grant from the office.
• And any such document like an affidavit of assurance, that the visitor's intention is truly for visit and will be coming back, and have no intention to stay in US for a longer time.
• Applicants who are not being sponsored by any one and want to visit USA on their own must present credible evidence to show that they have sufficient funds. Must carry necessary financial evidence like bank statement etc which shows their financial position and can convince the consular officer.
• If its a business trip (B1 visa), a letter from employer requesting the Visa for the applicant addressed to consulate, indicating the purpose and length of the trip as well as the company's/ firm's intent to bear the costs of the entire trip, including lodging , food, medical and other expenses. Also provide the company's market and financial position with financial records, sources of funds, Tax papers and any News paper/press coverage or Advertisement brochures about the company.

Requirements For parents visiting a child resident in the US

If child is an Indian citizen.

• a. Child's's original birth certificate.
• b. Photocopy of all pages of child's passport.
• c. Where the US visa of child has expired, photocopy of the renewed petition required.
• d. Where child is a legal permanent resident in USA, photocopy of the green card (front and back) is required.

If child is a U.S. citizen.

• a. Photocopy of bio-data page of US passport or photocopy of Naturalization/Citizenship Certificate
• If it is a sponsored trip , all documents sent by your sponsor in USA (all original documents).

List of required Documents for Visitor Visa

• Completed Non-immigration Visa application form DS-156. Separate form for each applicant.
• Completed form DS-157. Applicants(between age 15-and 55yrs) in India . taking appointment through VFS need to fill and provide DS157.
• Application visa fee original receipt issued by HDFC bank.
• Copy of interview appointment letter which you get at the time of setting appointment with VFS.
• Each applicant, including children of any age, must possess an individual passport valid for travel to the United States with a validity date at least six months beyond the intended period of stay.
• Two photographs 2 and 2 inches square (50 mm square) for each applicant, showing full face, without head covering, against a light background. To be used in the application Form.
• Demand draft or cash for visa issuance fee.
• If the applicant is below 14 yrs of age, Original Birth Certificate of this applicant (child) is required.

Documents required for inviting someone on Visitor Visa

To invite your parents, friends, or any other relative to USA, you (the sponsor) need to provide them with a few documents, which are required in order to get the visitor visa approval by the USA consulate.
Sponsor in USA needs to send:

• Send a completed and sign Affidavit of Support form I-134.
• A letter from Bank/banks (on their business letter head), stating your account summary.
• Copy of your Bank Statement, showing a good balance in order to justify your financial position.
• Certificate Letter from your employer (on company's business letter head), stating that you are a permanent employee of the company, and also stating your salary.
• 1 or 2 recent pay stub copies.
• Copy of a few recent income tax returns or last few W2 forms.
• If you are self employed or business owner, copy of your personal tax return.
• If you are a Visa holder Copies of your - Visa (H1/L1), H1 Approval Form (I-797), and I-94. (If visa has expired but has a renewed petition, a photocopy of the renewed petition.) If Green Card Holder: Copy of Green Card front and back. If USA citizen: Copy of certificate of citizenship.
• A neat photocopy of your complete Passport, including even the blank pages. Note: If you are sponsoring your in-laws, photocopies of all pages including blank pages of your spouse's passport and your marriage certificate is also required.
• If sponsoring your parents, original birth certificate of the sponsor child (son or daughter) is required. Note: If you are inviting your in-laws, then spouse's birth certificate is required not yours.
• An application/letter from you to the US consulate in India (address it to the particular consulate e.g. Delhi), requesting for issuing a visitor visa to the concerned person, stating that you will be taking care of every requirement for these people, including tickets, boarding and other expenses in USA.
• A formal invitation letter addressed to the person(s) you are inviting to US. Also stating that you will be taking care of all their needs while in US, including tickets, boarding and other expenses in here.

Applying for a Visitor Visa for USA

Sponsored Trip: If applicant's has child or relatives lies in USA, they can sponsor the visa for the applicant.

Sponsor: Any US based person can sponsor visa for his/her parents, relatives, friends.

Liabilities of sponsor: Sponsor needs to provide affidavit of support form stating and assuring to take the liabilities of expenses required for applicant's trip. Other then this they also need to provide some other documents required to support their claim as sponsor. Sponsoring does not guarantee the visa grant. Individual applying for visa must meet the criteria, set for US visitor visa.
Self Sponsored: You can be a self sponsor for your trip. You must have sufficient funds and proof of financial capability that can justify your trip expenses.

Qualifying For Visitor B1 | B2 Visa

This is how the consulate defines the qualification for the visitor visa grant: "Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:

• The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment.
• That they plan to remain for a specific, limited period.
• That they have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.

B2 Visa - USA Visitor Visa

Visitor or Tourist Visa is a non-immigrant visa issued to people entering U.S. temporarily for pleasure/ tourism/medical treatment (B2). These are generally issued up to a period of 3 months to 10 years. An additional extension of 6 months can be obtained based on the approval by the INS, while the visitor is in USA (at the port of entry).

Foreign travelers who are citizens from certain eligible countries, may not need Visitor/Business visa to visit the U.S. They can enter USA without a visa under the Visa Waiver Program. The following countries participate in the Visa Waiver Program:
Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom (For citizens with the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man.)

Required Documents For K-3 Visa Application

The following documents should be provided by your spouse to the US consulate in his/her home country while applying for the K-3 Visa.

• Two copies of Form DS-156, Nonimmigrant Visa Application
• One DS-156K, Nonimmigrant Fiancé(e) Visa Application form
• Police certificates from all places lived in since the age of 16
• Birth certificates
• Marriage certificate for spouse
• Death and divorce certificates from any previous spouses
• Medical examination (except vaccinations)
• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.
• Two non-immigrant visa photos, two inches/50 X 50 mm square, showing full face, against a light background)
• Proof of financial support (Form I-134 Affidavit of Support may be requested.)
• Payment of fees

Required Documents of the Sponsor for K-3 Petition

• Documents Required of the United States citizen who is petitioning his/her fiance to come and live in the U.S. The following needs to be provided at the USCIS field office when filing for petition.
• Completed and Signed Form 1-130 - Petition for Alien Relative
• Evidence of Your U.S. Citizenship Your original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship. (Please see USCIS Form I-129F for information on the use of copies.)
• 2 G-325A Forms Biographic Data Sheets Completed and signed G-325A Forms, one with your information and one with your fiancé(e)'s.
• Proof of your relationship A copy of your marriage certificate.
• Prior Marriage Nullification Documents A copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiancé(e) have been previously married.
• Colored Photographs A passport-style color photo of yourself and a passport-style color photo of your husband or wife, taken within 30 days of the date of this petition. Using pencil or felt pen, lightly print the name (and Alien Registration Number, if known) on the back of each photograph. Find out more about photograph specifications

Eligibility for K-3 visa

• has concluded a valid marriage with a citizen of the United States
• has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person
• seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,
• has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse, A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible to be a K-3.

The Process for Bringing Your Spouse to the United States via K-3 Visa

• You must first file an immigrant Petition for Alien Relative, Form I-130 for your spouse and children with your local USCIS Office in the United States. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.
• After you have received the receipt note (Notice of Action - Form I-797), you should file the Petition for Alien Fiancé(e) (Form I-129F) for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to USCIS.
• Spouse (and children if applicable) apply for visa in home country The foreign spouse will go to a US embassy in his/her home country and apply for the K-3 visa, and his/her children will apply for the K-4 visa if applicable.
• After coming to USA file for Adjustment of status (AOS) by filing I-485 Your spouse must file Form I-485 Application to register as permanent residence or to adjust status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR).
• If you have been married for less than 2 years, file to Remove Conditions on Permanent Status for your spouse If you have been married for less than 2 years then you most likely have a conditional permanent residence. Which means your new spouse's green card will expire in 2 years. You'll have to file the I-751 petition in order to remove this conditional status.

K-3 Visa, Non-immigrant Visa for Spouse

The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a non-immigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.

 

A K-4 visa is a version of the K-3 visa but for unmarried children under the age of 21. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.