K-3 Visa FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

DOMA and Same-sex Marriages

Authored on: Fri, 07/19/2013 - 06:20

Question

Does the USCIS recognize same-sex marriages?

Answer

A statement issued by Janet Napolitano, Secretary of Homeland Security, appears to clear the way for immigration of same-sex spouses.  She said: "After last week's decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly.  To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse."

New GC for my wife and child

Authored on: Tue, 09/13/2011 - 05:56

Question

My wife got her green card in 2006 but since 2008 she has been staying continuously overseas. In 2009 she applied and received SB-1 visa but she was not able to return to US before it expired.In 2009 our daughter was born overseas. Just recently I have become a US citizen through the naturalization process. I am planning to bring all my family members to US in April 2012. What are our options?

Answer

Apply for their green card and shoot for a K-3 visa simultaneously.

K-3 Visa

Authored on: Fri, 01/07/2011 - 08:01

Question

How long is it taking for K-3 visa to get approved? If we moved the wedding to Jan 31st, is there a chance to get K-3 approved by July 31st? My sister's fiance is in India. She lives in Philadelphia (Vermont service center). I also hear K-3 is getting closed automatically because I-130 is approved. Is this true?

Answer

Once the I-130 is approved and consulate is notified of the approval, they will not issue a K-3. They expect us to wait for the green card approval.

I-130 approved,can k3 be filed?

Authored on: Fri, 01/22/2010 - 09:45

Question

My father(us citizen)petitioned for my mother march09,case approved june09,since then nothing,can he file (k3) for her.

Answer

From what I recall, K-3 can be approved at the consulate only until they do not receive official notification of the approval from USCIS. I think it may be too late for your mother. She will probably need to wait for her green card now. That is likely to be quicker than a K-3 at this point, anyway.