A K-3 Visa allows a spouse to enter into the United States while they wait
for their I-130 petition to be approved, or until an immigrant visa is
available. Under a K-3 Visa, the spouse enters as a nonimmigrant and then
applies for immigrant status during their stay in the U.S. Provisions
of the K-3 Visa were created by the Legal Immigration Family Equity Act
(LIFE Act). A spouse is not required to obtain a
K-3 Visa and can instead get their immigrant visa abroad from the Department of State.
How Do You Apply for a K-3 Visa?
To obtain a K-3 nonimmigrant visa for a spouse, the U.S. citizen who is
petitioning needs to file two petitions with USCIS on their behalf. The
first petition that needs to be filed is Form I-130. The petitioner will
then receive a Notice of Action called Form I-797 which lets them know
that Form I-130 has been received.
The next step is to file Form I-129F on behalf of the non-citizen spouse.
A copy of the Notice of Action should be included when filing Form I-129F.
If the non-citizen spouse has any minor children who are seeking K-4 nonimmigrant
visas, they should be listed on Form I-129F at the time of the filing.
Once approved, U.S. Citizenship and Immigration Services will forward
the I-129F to the U.S Department of State for consular processing.
Benefits of a K-3 Visa
Once they have been admitted to the country, K-3 nonimmigrants can apply
to adjust their status to a permanent resident at any time. K-3 Visa holders
can also obtain authorization for employment by filing Form I-765, Application
for Employment Authorization.
Do you have more questions about obtaining a K-3 Visa? Contact our Cleveland team of immigration attorneys
to find out how we can help you today.