Asked in Immigration Law

Q: Hello. I have an immigration question please. I am married to a US citizen who has dual citizenship in the UK.

We reside in the UK. My husband wants us to live in the US. Can he apply for K3/K4 (for the kids) visas from the UK (London Field Office) or does he have to apply physically in the US and/or require a US address? Many thanks.

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2 Lawyer Answers
Ashley Negrette
PREMIUM
Answered

A: Good Afternoon, thank you for your question. Here is my response:

You may apply for the K3 visa to enter the U.S. The K3 visa process is taking about 7 months at the California Service Center (other service centers may be different). Your spouse has to apply for the K3 visa first with USCIS and then with the Department of State.

It might be a better use of time and resources to go through the immigrant visa process instead of the K3 process.

If you need help, please contact me at (619) 356-1448.

Hector E. Quiroga
PREMIUM
Answered

A: He can file visa petitions at the USCIS field office in London. It makes more sense to file immigrant visa petitions than nonimmigrant K3/K4 petitions.

At some point during the process he will need to provide evidence that he is planning to relocate to the US.

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