A K3 visa is a multiple entry two year visa that allows the spouse of a U.S citizen to enter the United States during the pendency of their immigration petition. Upon entry into the United States, the K-3 visa holder can file for adjustment of status to obtain their permanent residency status.
Foreign spouses of United States Citizens who currently have immigration petition filed by the U.S. citizen are eligible for a K3 visa. The K3 visa was created to alleviate the separation time for the U.S. Citizen and their foreign spouse.
K3 Visa Process
The U.S. citizen has to file an I-130 immigration petition for the foreign spouse. After filing the package with the appropriate government office, the petitioner will receive a receipt notice.
With the I-130 receipt, the U.S. citizen will have to file an I-129F petition with supporting documentation at the appropriate USCIS office. Once USCIS has processed and approved the I-129F, the K3 visa petition will be sent to the National Visa Center (NVC) which forwards the documents to the US Embassy.
Your spouse will receive further instructions to complete online forms and a document list from the U.S. consulate. The consular officer will review the documents and ask questions. Upon complete of the interview, the consular officer will provide the spouse the decision.
If the K3 Visa has been granted, the spouse can travel to the United States. She will wait out the immigration process or apply for adjustment of status.
A K3 spouse also has the right to apply for employment authorization.
The K3 visas generally have shorter waiting periods compared to IR-1 immigration petitions. However if the IR-1 is approved prior to the K3, the IR-1 will be given preference.
K3 visa holders can apply for a work permit by filing Form I-765 and engage in employment.
Minor children of K3 visa holders can accompany them to the U.S. on the K-4 dependent visa as long as they are named in the visa petition.
The K3 visa holder is given a multiple entry 2 year visa which means that they can travel in and out of the United States during the period.
To start your K-3 Spouse visa application, please visit this page.