U.S. Visas: K-3
A K-3 visa is issued to a spouse of a U.S. citizen who is currently waiting for his/her application for permanent residence to be processed.
Who is Eligible for K-3 Status?
VISANOW can prepare and file a K-3 petition on behalf of a spouse of a U.S. citizen.
Before a K-3 petition can be filed, the U.S. citizen must have filed Form I-130, Petition for Alien Relative, with the USCIS on behalf of his/her spouse. VISANOW can assist in the filing of this immigrant petition also.
When the I-130 petition is on file, VISANOW can prepare and file the K-3 petition for filing directly with the USCIS. After the K-3 petition is approved, the USCIS will sends the approved petition to the consulate in the country where the marriage took place. If the marriage took place in the U.S., the USCIS will send the petition to the local consulate in the spouse’s county of nationality.
The following 3 requirements must be met in order to file a K-3 petition:
- The foreign national must already be married to a U.S. citizen who has filed a relative petition (I-130) on his/her behalf with the USCIS;
- That same U.S. citizen spouse must be petitioning on behalf of that same foreign national to obtain a nonimmigrant visa; and,
- The foreign national must be seeking to enter the United States to wait the “availability of an immigrant visa”
When the K-3 visa holder enters the U.S., he/she can file Form I-485, Application to Register Permanent Residence or Adjust Status, with the USCIS.
Can a K-3 Visa Holder Bring Dependents to the U.S.?
Yes; the children of a K-3 visa holder may receive a derivative K-4 visa from his/her parent’s fiancé(e) petition.
Can a K-3 Visa Holder Work in the U.S.?
Yes; when the K-3 visa holder enters the U.S. he/she can file Form I-765, Application for Employment Authorization with their local USCIS office.
How Long Is The K-3 Visa Valid?
The K-3 status terminates 30 days after a denial of the I-130 or I-485. Of course, when the I-485 application is approved, the K-3 status becomes unnecessary.