The K-3 visa enables the spouse of a U.S. citizen to enter the United States and remain in the U.S. while their already filed permanent residence (“green card”) application is being processed and waiting to be approved. The K3 visa holder may obtain a work permit while in the US.
The K-3 visa process is rather long and difficult. Having said that, we will be happy to assist you and your wife/husband through the process and ascertain that process proceeds as smoothly as possible. Mishandling of the K-3 visa application by using “self-help” and attempting to do it yourselves (or worse yet, using a “notario” or a so-called “immigration consultant”) may result in lost time, visa denials or even arrest and deportation of the spouse, in situations where USCIS suspects fraud. If you are not yet married, you may want to apply for a K1 visa.
Children of the K3 visa applicant may obtain a K4 visa to enter the U.S. together.
Spouses of U.S. citizens who are waiting abroad for an immigrant visa (“green card”).
A person may receive a K-3 visa if that he or she:
- has entered into a valid marriage with a citizen of the United States;
- has a “relative petition” filed by the US. citizen spouse for the person;
- wishes to enter the United States to await the approval of the petition and subsequent lawful permanent resident (“green card”) status, and,
- has an approved Petition for Alien Fiancé(e), forwarded to the American consulate abroad where the foreign national wishes to apply for the K-3 visa. The consulate must be in the country in which the marriage to the US. citizen took place if the United States has a local consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of thee foreign national spouse.