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Sometimes the U.S. Citizen has already married his spouse overseas. The U.S. Citizen could petition for permanent residence for his spouse right away, however, this can take a long time. Alternatively, the U.S. Citizen can petition for his or her spouse to come to the U.S. on a K-3 visa which will allow the alien to come to the U.S., so that the couple can be together sooner. Once here, the foreign spouse can apply for permanent residence in the U.S.
The main advantage of the K-3 visa is safety. Consular processing permanent residence can be very difficult. Consular officers can deny a case, and leave no ability to appeal the decision. If the foreign spouse applies for permanent residence in the U.S., then an attorney can take certain avenues to appeal or remedy the problems. An attorney should be involved in the case from the beginning however, to make sure that no problems occur that cannot be remedied. |
