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What Kind of Visa Can a Noncitizen Spouse Use for Bringing Children into the U.S.? 

 Posted on September 13, 2022 in Immigration

raleigh immigration lawyerIf an immigrant to the United States receives a visa to come to the U.S. to get married or stay in the U.S. because of marriage, he or she may ask the government for permission to bring his or her children into the county. This is an essential service that helps bring and keep families together, often after many years of painful separation. Unfortunately, the family visa process can be long and complicated, often requiring the help of an experienced North Carolina immigration lawyer. At Vasquez Law Firm, PLLC, we are here to offer that help, so you can streamline the application process and give your family the best chance of joining you here in the United States. 

Options for Family Immigration Visas

Families around the world are in many different situations and the visa that would suit one family is not necessarily right for the next. Before a noncitizen spouse can apply to bring their children into the U.S., he or she must first be approved for a visa of his or her own. The possible visa options for spouses and children of noncitizen spouses, and the circumstances in which they may be available, include: 

  • K-1 Fiancé Visa - K-1 Visas are available to engaged partners of U.S. citizens who plan on getting married. A K-1 visa allows the noncitizen partner to come to the U.S. while wedding plans are ongoing, although the wedding must take place within 90 days of the noncitizen’s arrival. After the wedding, the K-1 visa holder must apply for an adjustment of status to permanent resident. 
  • K-2 Visa - If the noncitizen fiancé in the above scenario has unmarried children under age 21, a K-2 visa allows the children to come into the U.S. and apply for permanent residency after the couple’s wedding takes place. If a K-1 visa holder does not abide by all the terms of their visa, they may be deported and their children will have to be deported as well. 
  • K-3 Visa - If an American citizen has already married a noncitizen, the couple can apply for a K-3 visa to allow the noncitizen spouse to stay in the U.S. while their petition for permanent residence is ongoing. Applying for citizenship through marriage, while not easy, is one of the easier pathways to citizenship, and immigration services are wary of fraudulent applications; therefore, the conditions of residence are temporary and a couple will need to apply to get those conditions removed after two years. 
  • K-4 Visa - If a recipient of a K-3 visa has unmarried children under age 21, they can apply for a K-4 visa to bring their children into the United States. The K-4 visa is conditional on the K-3 visa recipient’s marriage being legitimate. 

Meet with a Raleigh, North Carolina Immigration Lawyer

The type of family visa you apply for will depend on your circumstances and your family’s situation. At Vasquez Law Firm, PLLC, we pay careful attention to every case and treat our clients with the seriousness and sensitivity that cases involving loved family members require. Call our office today at 407-955-5000 to schedule a free consultation with one of our Wake County immigrant attorneys. Se habla Español






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