Tthe K-3 visa category allows spouses of U.S. citizens to enter the U.S. in a nonimmigrant visa category while they wait until they are able to apply for lawful permanent residence status (adjustment of status).
Benefits of the K3 Visa
The K3 visas generally have shorter waiting periods compared to marriage-based immigration visa petitions
You can apply for a work permit
by filing Form I-765
and engage in employment when the EAD has been issued.
Your children under 21 years old can accompany you to the U.S. on the K-4
dependent visa as long as they are named in the visa petition
Requirements for the K3 Visa
You may be eligible to receive the K3 visa if:
You are legally married to a U.S. citizen
You have a family based I-130 immigration petition filed by the U.S. citizen spouse on your behalf
You seek to enter the U.S. to await the approval of your green card petition and subsequent lawful permanent resident status
K-1 vs K-3 Visa Dilemma: When
and Where to Marry
Take the first step toward marrying your loved one.
Applying for the K3 Visa
Before you apply for the K3 visa, your U.S. citizen spouse must file Form I-130
on your behalf with the U.S. Citizenship and Immigration Services (USCIS) service center that has jurisdiction over his or her place of residence.
Your spouse will then receive Form I-797, Notice of Action, indicating that the USCIS has received the Form I-130. Your spouse should then file a Form I-129F
on your behalf along with a copy of this Form I-797.
After approval USCIS forwards the Form I-129F to the National Visa Center (NVC) for the next step in processing. The NVC will forward to the appropriate American Consulate so that you can apply for the K3 visa.
Duration of Stay
You can remain in the U.S. while you wait for the approval of the Form I-130 and are able to apply for lawful permanent residence status (adjustment of status
), instead of having to wait outside the U.S. as the law previously required.
Children under the age of 21 who wish to accompany or join you in the U.S. can apply for K-4
visas. They may also be eligible to take up employment during their stay in the U.S.
Services offered by VisaPro
Our experienced immigration attorneys will prepare and file all the required documents for your K3 visa application. Our services include:
Complete review of all your personal circumstances
Confirmation that the K3 visa is appropriate for you
Identification of important legal issues that may affect your K3 visa application
Checklist of documents that you need for your K3 visa
Accurate preparation of your K3 visa application
Submission of your visa application to the proper government agencies
Careful co-ordination of all correspondence with government agencies
Expert advise on how to handle yourself at your Consular or USCIS interview, and what to expect
Online access to your case status
Unlimited personal communication with your own VisaPro immigration attorney
Fast, easy and secure processing through your personal online VisaPro account