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K-3 Petitions: Expedited Processing For Spouse And Children

When a permanent resident becomes a U.S. citizen, and wishes to expedite the visa processing for a spouse together with the children, a new alien relative petition (I-130) should be filed for the spouse. This would enable the K-3 spouse to come simultaneously with the children. On arriving in the U.S. the alien spouse parent and the accompanying children may apply for adjustment of status. A separate petition (I-130) must be filed for each child under 21 as an immediate relative, and although U.S. citizens cannot simultaneously bring their children into the U.S. as derivative based children, by filing the K-3 visas for them, the children may come with their parent as K visa holders, accompanying the spouse parent to the U.S.

E and L Spouses Authorized to Work

Spouses of E and L visa holders are authorized to work and do not require permission from immigration. Although their alien arrival/departure records (I-94) do not reflect work permission, E and L visa spouses have automatic authorization to work by virtue of the Social Security Administration’s updated Program Operations Manual System. The E-1, E-2, and L-2 spouse is not required to apply for an employment authorization document (EAD) although the spouse may choose to do so. If an E or L spouse applies for a Social Security card without an EAD, then a marriage certificate must be shown to Social Security to enable the Social Security Service to issue the Social Security card.

Revised Affidavit of Support

A new rule for Affidavits of Support went into effect on July 21, 2006. These new affidavits apply now to all pending cases regardless of when they were commenced. These new forms do not need notarization or an appearance before a U.S. Consul abroad.

A sponsor must prove at least 125% of the federal poverty guidelines that varies with the number of persons in the household. For those on active duty in the military, only 100% of the poverty guidelines need to be shown.

The sponsor’s current income is the central issue now, not the prior year’s income. When the immigrant has applied for residence in one year and the final interview takes place in another, the reviewing officer may ask for proof for the year in which the adjudication takes place.

A patron may choose to submit federal income taxes for only the most recent tax year or in the alternative for the most recent 3 years. Even if the sponsor elects only to submit the most recent year, still he/she must indicate on the form whether he/she has filed tax returns for the past 3 years; if not, an explanation must be provided.

If you need help or advise, call us at (212)944-9420.

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