The K-3 Visa Makes it Easier for Spouses of US Citizens

Formerly, spouses of U.S. citizens had to apply for a visa from outside the U.S. and wait for their green card to be approved before they could travel there. However with the introduction of the K3 visa, spouses are now permitted to enter the U.S. whilst waiting for a nonimmigrant visa category and then can submit an application for permanent residence status. The whole procedure generally takes around six months.

The advantages of applying for a K3 visa is that the process is normally faster than the length of time it takes for marriage-based immigration visa petitions. Your spouse is permitted to look for work and apply for a work permit. If there are children involved they can travel to the U.S. on a K4 dependent visa, the requirements state that they have to be less than 21 years of age and were named in the visa petition. Once they are old enough they are allowed to seek work too. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.

Conditions of applying for a K3 visa are, first, that the marriage to the U.S. citizen is legal. As the U.S. citizen, it is up to you to file on your spouse’s behalf a petition for family-based I-130 immigration status, to be sent to the U.S. Citizenship and Immigration Services (USCIS) service center with jurisdiction over your place of residence. After this has been accepted you should then obtain Form I-797, Notice of Action, signifying that the USCIS has received the Form I-130.A copy of this Form I-797 (again) along with a USCIS Form I-129F needs to be filed by you on behalf of your spouse. After adjudicating the Form I-129F, the USCIS then forwards it to the correct American Consulate so that the K3 visa can then be applied for.

If your spouse is already in the U.S. but has a different category of visa, such as a tourist visa, it cannot be changed into a K-3 visa. They will have to leave the country and apply for the K3 visa from there.

Once your partner enters the U.S. with a K-3 visa, they can reside there for a 2 year time period. If they have children they will also be allocated the same amount of time to stay. However if the children are nearly at the age of 21 then their visa will only last until this age is reached and then will expire.

When a nonimmigrant has a 2 year K3 visa that is about to expire they are eligible to apply for an extension, this is done in increments of 2 years. However if they have not applied for a change of status or put in an application for immigrant status during these previous 2 years, then the USCIS will want to know why.

Anyone in the U.S. on a K3 visa who has to visit another country is able to do so without any problems, their K3 visa will remain valid and not be voided by the act of leaving. If you are in the process of changing your status this still applies.

The K3 visa has made things much simpler now for couples married abroad to be together. If you have limited time or feel unsure on how to complete all the paperwork that goes with obtaining a K-3 or a K-1 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.

Formerly, spouses of U.S. citizens had to apply for a visa from outside the U.S. and wait for their green card to be approved before they could travel there.

Michiel Van Kets provides article services for Duane J. Beadle, an expert on K -1 Fiancee Visa and K- 3 Marriage Visa issues. For information advice & consulting please visit the website.

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