1. The Benefits of K-3 Visa

Backlogs on adjudicating visa petitions filed by United States citizens for their immediate relatives can exceed a year and half at the USCIS Service Centers, and immigrant visa issuance by a U. S. embassy or consulate can routinely take another six months. The K-3 visa, intended to improve the speed with which a family can be united in the United States, can substantially shorten that lengthy waiting period for U.S. citizen spouses to enter the U.S.

Once admitted to the United States, the spouse issued K-3 visa will be eligible to adjust status to permanent residency. This is a significant benefit because of enhanced procedural safeguards available to persons who adjust to permanent resident status, in contrast to persons who must apply for immigrant visas abroad. Additionally, upon entry, the K-3 visa holder will be eligible to work in the United States.

2. The Limitations of K-3 Visa

The USCIS only admits K-3 spouses for a two-year period. The USCIS may grant extensions of K-3 visas in two-year increments if the marriage-based I-130 visa petition or the adjustment of status application is still awaiting adjudication. A K-3 visa holder's authorized stay will expire thirty days after any of the following events:

• The USCIS denies the I-130 visa petition filed by the United States citizen petitioner on the K-3 visa holder's behalf;

• The USCIS denies an adjustment of status application filed by the K-3 visa holder.

3. Children Who Are about to Reach 21 Years Old

If you have children who intend to immigrate with you to the United States, if any of your children will turn 21 within 60 days, please notify the U. S. embassy or consulate immediately. If visa will be available in your category prior to your son or daughter's birthday, your case will receive expedited processing in order to ensure that your son or daughter will be able to immigrate with you.

 

Failure to notify the U. S. embassy or consulate that you have a child who will turn 21 could result in that child being above the legal age at the time your visa is issued. In that event, you will be required to file a separate petition for your child after you immigrate, and your son or daughter will face a waiting period before he or she will be eligible for visa processing.