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1. The Requirements of Applying for a K-3
Visa
The K-3 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 K-3 visa is therefore
actually a "non-immigration" visa, meaning that receipt of a K-3 visa
does not result in the spouse becoming a legal permanent resident
immediately upon their arrival in the U.S.
K-3
visas are issued to U.S. citizens' spouses who are outside the U.S. The
minor children of such spouses who will accompany them to enter into
the U.S. may apply for a
K-4 visa. The requirements of the K-3 visa include:
1)
The alien spouse of U.S. citizen must be outside the U.S.;
2) An immigrant petition (Form I-130) for the benefit of the spouse
must have been filed when the I-129F (K visa petition) is
filed;
3) The U.S. citizen spouse must file an I-129F petition (K visa
petition) with the USCIS and have it approved;
4) If the marriage occurred outside the U.S., the K visa must be issued
by the U.S. consulate in the country where the marriage
occurred.
5) The child must be outside the U.S. and will accompany K-3 visa
applicant or holder to come to the U.S., and the child must be
unmarried and under 21 years
old.
The
K-3 process requires that the petitioner file Form I-130 (Immigrant
Petition for Alien Relative), as well as Form I-129F (Petition for
Alien Fiancé/Fiancée). The Form I-129F should be
filed
after Form I-130 has been
received by USCIS.
The
Immigrant Visa Unit at U.S. embassy or consulate will process the
application for the K visa. 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. Who Is Eligible for K-3 Visa, and Who Is
not Eligible for K-3 Visa
A person
may receive a K-3 visa if that person:
-
has
concluded a valid marriage with a citizen of the United States;
-
has
a relative petition (Form I-130) filed by the U.S. citizen spouse
for the person;
-
seeks
to enter the United States to await the approval of the Form
I-130 petition and subsequent lawful permanent resident status; and
-
has
an approved Form I-129F, Petition for Alien
Fiancé/Fiancée, forwarded to the American
consulate
abroad where the alien wishes to apply for the K-3/K-4 visa.
The
consulate must be in the country in which the marriage to the U.S.
citizen took place if the United States has a 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 the alien spouse.
A child may receive a K-4 visa, if that child is under 21 years of age
and is the unmarried child of an alien eligible to be a K-3.
Certain
conditions and activities may make an applicant ineligible for a K-3
visa. Examples of these ineligibilities
are:
-
Drug
trafficking;
-
Having
HIV/AIDS;
-
Overstaying
a previous visa;
-
Practicing
polygamy;
-
Advocating
the overthrow of the government;
-
Submitting
fraudulent documents.
The
consular officer will tell you, the applicant, if you are ineligible
for a visa, whether there is a waiver of the ineligibility and what the
waiver procedure is.
3. Children for K-4 Visa
The
minor children of spouses who will accompany them to enter into the
U.S. may apply for a K-4 visa, and
wait in the United States to complete the immigration process. Before a
K-4 visa can be issued to a child, the parent must have a K-3 visa. A
K-4 visa is a version of the K-3 visa for unmarried children under the
age of 21. Before a K-4 visa can be issued to a child, the parent must
have a K-3 visa or be in K-3 status.
Children
needing to enter the U.S. on a K-4 visa with a parent do not need a
separate Petition for Alien Relative, but the petitioner must take care
to name all the spouse’s children on the Petition for Alien
Fiancé (For I-130). If the U.S. citizen does not name the
children on the petition, it may be difficult to prove their identity
as children of a K-3 applicant or person in K-3 status.
4. 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 a Form I-765 application with
the USCIS.
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