What Happens After You Receive Your K-3 Visa
Entering The U.S. Border
It is important that you keep your K-3 visa in the sealed envelope, as it was given to you. If your visa has been opened before you reach the U.S. border, the border official at the port of entry may become concerned that your visa has been tampered with or is a forgery. The border official may ask you a number of questions before allowing you entry into the United States, and it is important that you remain calm. If there is any reason for the officer to believe that you should not be allowed to enter the country, he or she can order you to turn around and leave the country. You would not have a right to an attorney, and you could be barred from entering the United States for another five years.
Barring any unforeseen circumstances, however, you and your children should be granted entry into the United States. The border official will give you an I-94 card, which will let you live in the U.S. for two years.
After You Enter The United States:
Your I-94 card also grants you permission to enter and leave the country as many times as you would like over a ten-year period. You must, however, leave the U.S. after two years and reenter the country. Otherwise, you will have to file an extension to stay longer. Your children are allowed to stay in the U.S. for two years also, unless they turn 21 first. They can also use their K-4 visas for up to ten years.
Once you enter the U.S., you can apply for your adjustment of status that your American spouse initiated by filing the I-130 form. You can also apply for an I-765 work authorization if you would like to work while in the U.S. It is advisable that you begin applying for permanent residency once you enter the country, especially as this process can take some time.
Your Children and Their K-4 Visas:
In order for your children to be eligible for a K-4 visa, they have to be under 21 years of age and single. If your child is about to turn 21, it is advisable that you submit the petition for their K-4 visa as soon as possible before they are faced with the dilemma of "aging out" at 21. They must obtain the visa before they turn 21, and you can let the consulate know that "aging out" could become a problem so that they can expedite the petition for you. If you have a child who is older than 21, your American spouse can still file a petition for them to join the two of you in the United States, but they will have to deal with waiting periods and quotas, which can take a lot longer than when they are eligible to enter the U.S. on a K-4 visa.
At Sagaria Law, P.C., our immigration attorneys can help you file your K-3 and K-4 visas. If you are a U.S. citizen who has a foreign born fiance(e), we can also help you with your K-1 and K-2 (if your fiance(e) has children) visa petitions.
From filing your paperwork correctly to preparing you for your interview at the U.S. consulate to helping you avoid unnecessary problems at a U.S. port of entry, Sagaria Law, P.C.'s immigration attorneys are committed to helping you and your children receive your visas so that you can accompany your American spouse to the United States where you can live together.
Many of our immigration clients are now happily living in towns and cities across the United States, including the metro areas of Chicago, New York, San Francisco, Los Angeles, Dallas, Seattle, Miami, and Atlanta. To speak with one of our immigration lawyers and schedule your free consultation, contact us online or call us at 1-800-941-6730 to speak with a Sagaria Law, P.C. immigration attorney right away. Your first consultation with us is free.