USA Immigration & Visa

USA K3 Visa

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USA K3 Visa

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About Visa:

The K-3 Visa, sometimes called the Marriage Visa or Spousal Visa, was adopted by the US Congress and went into effect in August 2001. It was designed to sidestep the long delays in USCIS processing for Immediate Relative petitions for bringing a foreign national spouse of US citizen into the US. At the time it was adopted it was taking two years or more to process an I-130 petition for the spouse of US citizen. The new K3 visa regulations were designed with a view to shorten the processing time for bringing a K3 spouse to the US from years to months, a goal that for the most part has been achieved.

USA K3 Visa is for spouse of a U.S. citizen and his or her minor children to be admitted to the United States as non-immigrant. The K3 Visa allows them to enter the USA when they waiting for the judgment on their actual dependent visa.

Features of K3:

  • The K3 visas generally have shorter waiting periods compared to marriage-based immigration visa petitions
  • You can apply for a work permit by filing Form I-765 and engage in employment when the EAD has been issued.
  • Your children under 21 years old can accompany you to the U.S. on the K-4dependent visa as long as they are named in the visa petition.

Documents Required

  • Valid Passport
  • Application form submitted for actual dependent visa
  • Documents to prove the relationship with the USA Citizen
  • Citizenship Proof of the sponsor
  • If Spouse - Marriage Certificate
  • Birth certificates of children
  • Eligible Dependents

    • Spouse of a US Citizen
    • Unmarried children below 21 years of age

    Who Qualifies

    • The K-3 Visa allows the spouse of a U.S. citizen, who is waiting abroad for an immigrant visa, and the (K-4 Visa) spouse's children to enter the United States as nonimmigrant's, re-unite with their family here, and then apply for immigrant status while in the country. It is one of several immigration benefit provisions created by the Legal Immigration Family Equity Act (LIFE Act).
    • Under this new nonimmigrant visa classification, spouses of U.S. citizens may be granted K-3 nonimmigrant status, and the spouse's unmarried children (under 21 years of age) may be granted K-4 nonimmigrant status. Obtaining a K-3/4 visa is not required, however. Spouses of U.S. citizens and their children may skip applying for a K visa and directly obtain their immigrant visa abroad from the Department of State.

    Choosing the Best Visa Strategy for a Fiancee or Spouse: K-1, K-3, or CR1/IR1 Immigrant Visa?

    A U.S. citizen planning to file a visa petition for a foreign fiance or spouse outside the U.S. may have various strategies to choose from. The most common options are the K-1 fiance visa, the K-3 visa, and the CR1/IR1 immigrant visa. This article analyzes the advantages and disadvantages of each strategy. For more information visit law and border.



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