K-3 Spouse Visas
K-3 Visa for Spouses of US Citizen
To enter the United States, all foreign nationals, often referred to as “aliens” need to apply for the appropriate visa according to the purpose of their visit. The K-3 visa is issued to a U.S. citizen’s spouse who is currently residing abroad waiting to enter the United States for the purpose of applying for legal permanent resident status (green card). A K-3 visa will allow the foreign spouse to enter the United States for two years and be eligible for a work permit. The children of the foreign spouse will be issued a K-4 visa to enter with their parent if the visa is issued when child is under 21 years of age.
Applying for a K-3 Visa
Our office can help you prepare and file the K-3 Spouse Petition with USCIS. Our experienced attorney will guide you through the whole process.
To begin the K-3 process, our office files a petition with the USCIS office having jurisdiction over your current or intended residence in the United States. Our office will assist in the preparation of the petition and ensure that all the required documentation is included. Petitions lacking specific documentation will cause a delay.
Petitions for K-3 visas cannot be filed or approved outside the United States. USCIS will notify us when the petition has been approved and forwarded to State Department. The State Department is the agency in charge of performing a background check on the spouse. They will then forward the petition to the U.S. Embassy or consulate for final processing. It often takes 4 to 12 weeks (or longer) for a petition to reach the Embassy. Each U.S. Embassy may process the K-3 Visa process differently. Click here for a List of American Embassies : http://www.usembassy.gov/. The Embassy will contact the foreign spouse and explain the process of obtaining a medical exam and schedule an appointment for a visa interview.
After a consular officer has reviewed the case, your spouse will be interviewed. The consular officer will ask your spouse questions about your relationship, such as how you met and when you decided to marry. The consular officer is required by law to verify that the relationship is real — bona fide and ongoing. If everything is in order at the time of the interview, your spouse should receive a visa the same day. Your spouse and each dependent child will pay a non-refundable visa fee on the day of the interview. Supporting documentation will be placed in a sealed envelope and given to the spouse for presentation to USCIS at the port of entry.
K-3 Visa Update:
A new memo came out of Department of State in recent years instructing that the I-130 approval will automatically terminate the processing of K-3 and the case will be transferred for immigrant visa adjudication. This seems to be a move on the part of the Department of State to move away from the K-3 visa issuance given that immigrant visa petitions (I-130) are approved relatively quickly in recent years.
Once your spouse obtains the K-3 visa, we can also assist with the green card application process.
Contact us for more information about the K-3 petition or green card application.
Other information:
For more information and advice on immigration issues, please contact my office at (949)228-3922 or email me at attorney@lawofficesofjackcsung.com to receive a free consultation with immigration attorney. Immigration law office located at 2975 Wilshire Blvd. Suite 352 Los Angeles, CA 90010. Click here to submit a consultation form to receive advice directly from immigration attorney. Click here to return to the home page.
Immigration Lawyers, Los Angeles