Spouses of US Citizens and the K3 Visa

Previously the law required spouses of U.S. citizens to wait outside the U.S. until their green card was approved. This could be quite upsetting if there was long delay in waiting for the approval and, especially if there were children involved, and it put quite a strain on the family. The K3 visa category has changed all this, now spouses are allowed to enter the U.S. whilst waiting for a nonimmigrant visa category and then are able to apply for lawful permanent residence status. The process takes approximately 6 months.

There are benefits to obtaining the K3 visa. The waiting period is normally a lot shorter in comparison to marriage-based immigration visa petitions, also you are eligible to apply for a work permit and find employment. Your children are allowed to travel to the U.S. with you on a K4 dependent visa, as long as they are under the age of 21 and they were named in the visa petition. They may also be eligible to look for work once they are in the U.S.

To qualify for the K3 visa you have to be legally married to a U.S. citizen and have a family-based I-130 immigration petition filed by your spouse on your behalf, this has to be done with the U.S. Citizenship and Immigration Services (USCIS) service center that has authority over your place of residence. Once this is complete your spouse will then receive Form I-797, Notice of Action, indicating that the USCIS has received the Form I-130. Your spouse should then file on your behalf a copy of this Form I-797 along with a USCIS Form I-129F. After adjudicating the Form I-129F, the USCIS then sends it to the appropriate American Consulate so that you can apply for the K3 visa.

If you are in the U.S. on a different kind of visa, such as a tourist visa, then it is not possible to change the visa status to a K-3 visa. In these cases they would have to leave the U.S. and travel to another country, applying for the K-3 visa from there and then re-entering under the new visa category.

When entering the U.S. with a K-3 visa, you are permitted to stay for a period of 2 years. Dependents are also given the same length of time, however if they reach the age of 21 sooner, then they will only get the visa until this date.  

Once the 2 years admission are granted the nonimmigrant with the K3 visa can then apply for extensions in 2 year increments to the USCIS. Before granting another 2 years, the USCIS will want to see that you have applied for a change of status or put in an application for immigrant status. If neither of these has been done then they will expect to hear a good reason as to why not before giving you a further 2 years.

If you are on a K-3 visa in the U.S. and need to leave the country for whatever reason, then you are eligible to leave and return on your K3 visa, it is not made redundant just because you leave the country. This applies even if you are in the process of changing your status.

The K-3 visa means that it is much easier now to be united with your loved one in your country. If you have limited time or feel unsure on how to complete all the paperwork that goes with obtaining a K-3 visa there are visa agencies online that can expertly prepare your K3 marriage visa application. This way you avoid all the hassle of dealing with all the bureaucracy involved and receive professional assistance.

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