1. The Requirements of Applying for a K-3 Visa

The K3 visa is specifically intended for use by U.S. citizens who are sponsoring their foreign national spouse for immigration. It was created to address the long processing time for immigration visa at the USCIS. The K3 visa is therefore actually a "non-immigration" visa, meaning that receipt of a K3 visa does not result in the spouse becoming a legal permanent resident immediately upon their arrival in the U.S.

To be qualified for applying a K-3 visa, the following requirements must be met:

• The alien spouse must be outside the U.S.;

• An immigrant petition for the benefit of the spouse must have been filed when the K visa petition is filed;

• The U.S. citizen spouse must file a K visa petition with the USCIS and have it approved;

• If the marriage occurred outside the U.S., the K visa must be issued by the U.S. embassy or consulate in the country where the marriage occurred.

The Immigrant Visa Unit at U.S. embassy or consulate will process the application for the K visa. While no assurance can be given regarding the appointment date of the visa interview, the alien spouse should prepare for that appointment, and obtain the documents required for the visa application. 

2. Applying for Authorization to Work in the United States

The spouse of a U.S. citizen admitted with a K-3 visa is authorized to remain in the U.S. for a period of 2 years specified on his/her Form I-94. She or he may file the adjustment of status application to become a permanent resident. An alien admitted to the U.S. as a K nonimmigrant will be authorized to work after filing an I-765 application with the USCIS.  

The minor children of K-3 visa holders will be admitted for a same time of their parents, or until the day before such children's 21st birthday or marriage, whichever is shorter.

3. Travel Outside of the U.S. while in K status

K-3 and K-4 visa holders may travel outside of the U.S. and return using their nonimmigrant K-3/K-4 visa for a short trip, if the visa is still valid, even if they have filed for adjustment of status in the U.S. prior to their departure.

On the contrary, the K-1 and K-2 holders may enter the U.S. only one time with their K-1/K-2 visas. If they leave the U.S. before the marriage, they need to apply for a new visa to come back. After they file the adjustment of status application, they are required to obtain an Advance Parole before the trip abroad, in order to avoid abandonment of the adjustment application.