K-3 Spouse Visa
What is the K-3 Visa?
The K-3 visa is a nonimmigrant visa that enables foreign spouses of U.S. citizens to enter the United States and live with their partners while awaiting the approval of their immigrant visa petition. This visa category helps to minimize the time families are separated during the lengthy immigration process.
Benefits of the K-3 Visa
The K-3 visa offers several benefits, including:
- Expedited Entry: Allows the foreign spouse to enter the United States more quickly than waiting for the immigrant visa processing.
- Family Unity: Minimizes the time families are separated during the immigration process.
- Work Authorization: K-3 visa holders can apply for work authorization in the United States.
- Adjustment of Status: K-3 visa holders can apply for adjustment of status to become permanent residents without leaving the United States.
Eligibility Criteria
To be eligible for a K-3 visa, applicants must meet the following criteria:
- Marriage: The applicant must be legally married to a U.S. citizen.
- Filed Petition: The U.S. citizen spouse must have filed a Form I-130 (Petition for Alien Relative) on behalf of the foreign spouse, and the petition must be pending approval.
- Intent to Live Together: The couple must intend to live together in the United States.
Children of K-3 Visa Holders
Children of K-3 visa holders are eligible to accompany their parent to the United States on a K-4 visa. This visa is specifically designed for the unmarried children (under the age of 21) of K-3 visa applicants, allowing them to stay in the U.S. while their parent’s immigrant visa petition is processed. The K-4 visa application must be included when the K-3 visa is filed, and it generally allows the child to remain in the U.S. for the duration of their parent’s K-3 status, which is typically valid for two years. K-4 visa holders can also apply for Adjustment of Status to become lawful permanent residents once the K-3 parent successfully adjusts their status, ensuring that families can remain together during the immigration process. It is important for K-4 visa holders to apply for Adjustment of Status before turning 21 to avoid losing their eligibility.
Eligibility for Future Extensions or Change to Other Visa Types
K-3 visa holders can apply for an extension of their visa by submitting Form I-539 (Application to Extend/Change Nonimmigrant Status) at least 120 days before their authorized stay expires. Extensions are typically granted for an additional two years, provided the K-3 visa holder maintains their eligibility and their marriage remains intact. However, if the underlying immigrant petition (Form I-130) is approved, the K-3 visa will be administratively closed, and the holder will need to transition to an immigrant visa process instead. K-3 visa holders are not eligible to change to another nonimmigrant visa category while in the U.S. Instead, they should focus on adjusting their status to become lawful permanent residents by filing Form I-485 (Application to Register Permanent Residence or Adjust Status) once their Form I-130 is approved. It’s crucial for K-3 visa holders to remain aware of their visa status and the timelines involved to ensure a smooth transition to permanent residency.
What We Do
- Provide assistance in preparing Form I-130 and/or Form I-129F on behalf of a Spouse of an US CItizen USCIS and the National Visa Center
- Review applications to identify potential concerns that may affect the outcome of the application
- Provide assistance to K-3/K-4 Visa Holders in the United States that wish to apply for Form I-485, Adjustment of Status
Are you an U.S. Citizen looking to reunite with your foreign spouse? Our experienced immigration attorneys are here to help you determine your eligibility and guide you through every step of the application process.
Why Choose Us
- Expert Guidance: We specialize in family-based immigration and understand the nuances of the Form I-130 and K-3 visa application.
- Personalized Support: Our dedicated caseworkers will work closely with you to ensure that your application is complete and accurate.
- Streamlined Process: We’ll help you gather the necessary documentation and prepare for your visa interview, making the process as smooth as possible.
The K-3 nonimmigrant visa is a valuable option for foreign spouses of U.S. citizens seeking to join their partners in the United States while awaiting the approval of their immigrant visa petition. Contact us today to schedule a consultation and find out if you qualify for the K-3 Visa.
Application Process for the K-3 Visa
The application process for the K-3 visa involves several steps:
Step 1 | File Form I-130 and Form I-129F The U.S. citizen spouse must first file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). Once Form I-130 is filed, the U.S. citizen spouse should file Form I-129F, Petition for Alien Fiancé(e), to request a K-3 visa for their spouse. |
Step 2 | Approval of Form I-129F USCIS reviews Form I-129F. If approved, the petition is forwarded to the National Visa Center (NVC) for processing. |
Step 3 | Consular Processing The NVC sends the approved petition to the U.S. Embassy or Consulate in the country where the foreign spouse resides. The foreign spouse will be required to complete the following:
Supporting Documents: Provide supporting documents, including proof of marriage, passport, and other required documents. |
Step 4 | Issuance of the K-3 Visa If the consular officer approves the visa application, the K-3 visa is issued, allowing the foreign spouse to travel to the United States. |
Frequently Asked Questions
k3
- What if my spouse and I were married abroad?
If you were married outside the United States, you are still eligible to apply for a K-3 visa as long as your marriage is legally recognized in the country where it took place and in the United States.
- Can children accompany the K-3 visa holder?
Yes, minor children of the K-3 visa holder can apply for a K-4 visa to accompany their parent to the United States.
- How long does the K-3 visa process take?
The processing time for a K-3 visa can vary depending on factors such as the applicant’s country of origin, the workload of the relevant government agencies, and the completeness of the application. On average, it can take several months.
- Can K-3 visa holders work in the United States?
Yes, K-3 visa holders can apply for work authorization (Employment Authorization Document, or EAD) once they are in the United States.
- What happens if my I-130 petition is denied?
If your I-130 petition is denied, you may appeal the decision or file a motion to reopen or reconsider the case. It is important to work with an experienced immigration attorney to navigate this process and improve your chances of a successful outcome.
- Can I adjust my status while on a K-3 visa?
Yes, K-3 visa holders can apply for adjustment of status (Form I-485) to become permanent residents once they are in the United States and their I-130 petition is approved.
- How does the K-3 visa compare to the CR-1 visa?
The K-3 visa is a nonimmigrant visa that allows the foreign spouse to enter the United States while their immigrant visa petition is pending, whereas the CR-1 visa is an immigrant visa that grants permanent residency upon entry. The K-3 visa process is generally faster, but the CR-1 visa provides immediate permanent residency
