K-3 Visa for Spouse
The K-3 visa is a nonimmigrant visa category that allows the spouse of a U.S. citizen to enter the United States while they await the approval of their immigrant visa petition. This is the first step a U. S. Citizen spouse can take to bring the spouse and his or her children to obtain a visa to come to the United States while waiting for USCIS to make a decision on Form I-130.
Historically, the family might have been separated for some time while waiting for a decision on an immigrant petition. Congress sought to resolve this problem by creating K-3 and K-4 nonimmigrant visas to shorten the time the family would need to spend apart. It only makes sense to file for a K-3 visa, only if the I-130 waiting time is longer.
Who is eligible to file K-3 or K-4?
Foreign spouse of a U. S. Citizen may be eligible for a K-3 visa if he or she:- Is married to U.S. Citizen
- Is the beneficiary of a Form I-130, Petition for Alien Relative that the U.S. Citizen spouse filed
- Seeks to enter the United States to await USCIS’ decision on the Form I-130.
A child of U.S. Citizen’s foreign spouse may be eligible for a K-4 visa if he or she is:
- Under 21 years of age;
- Unmarried; and
- The child of the K-3 visa applicant that the U. S. Citizen filed for.
Practice areas
We offer consultations, representation, assistance and advice in the following areas:
- Employment-Based Immigration (EB-1, EB-2, EB-3, EB-4)
- Investment-Based Immigration (E-1, E-2- EB-5 Immigrant Investor Program)
- Family-Based Immigration (Immigration Petitions to Immediate Relatives/Marriage based Green Cards)
- K-1 Fiancé(e) Visa
- K-3 Visa for Spouse
- US Green Card (Permanent Residence)- Adjustment of Status/Consular Processing
- Replacement of Green Card/Renewal of Green Card
- Permanent Labor Certification (PERM)
- Change of Status and Extension of Status
- TN NAFTA Professionals (Canada/Mexico)
- Visas for Temporary Visitors
- B-1 Temporary Business Visitor Visa
- B-2 Visa (Visiting family and friends, tourism and vacation, medical treatment, transiting the US)
- Crew Visas(C-1/D)
- Deferred Action for Childhood Arrivals (DACA)
- Temporary Non-Immigrant Work Visas (H-1B, L-1A, L-1B, O-1, R-1, P-1A, P-1B, P-2, P-3, Q, H-1C, H-2A, H-2B,H-3, I, E-1, E-2, E-3)
- Form I-9 Compliance
- H-1B Specialty Occupation: H-1B Cap, H-1B Extensions, H-1B Transfers, H-1B Amendments, Cap Exempt H-1B, H-1B for Fashion Models
- H-1B1 Visa for Chileans/Singaporeans
- Registration to H-1B Cap
- Responding to H-1B RFEs
- L-1A Intracompany Transferee
- L-1A New Office
- Hague Adoption Certificate or Custody Declaration
- L-1B Specialized Knowledge
- R-1 Religious worker
- O-1 Extraordinary Ability or Achievements in Sciences, Education, Business, Athletics/Sports and Arts
- EB-1 Extraordinary Ability, Outstanding Professors and Researchers, Multinational Manager or Executive
- EB-2 National Interest Waivers
- Students Visas and Exchange Visitors and Employment (F-1, M-1, OPT, CPT, STEM OPT, J-1, Conrad 30 Waiver Program)
- Refugee/Asylee Relative Petition
- A, G, and NATO Visas and Renewing A, G, and NATO Visas in the United States
- Advance Parole
- Parole under Uniting for Ukraine
- Citizenship for Military Personnel & Family Members
- Immigration Relief for Survivors of Domestic Violence and Other Crimes (VAWA, U visa, T visa)
- Temporary Protected Status (TPS)
- Consular Matters (DS-160, DS-260, Waivers)
- US Citizenship and Naturalization
- Application for Citizenship Certificate
- Application for Naturalization
- Replacement of Citizenship/Naturalization certificates
- Temporary Protected Status (TPS)- Nepal, Nicaragua, Haiti, Honduras, Sudan, El Salvadore, Ukraine, and Afghanistan-EAD and EAD extensions
- Reporting Birth of U.S. Citizens and Non-Citizen Nationals Abroad - Consular Reports of Birth Abroad (CRBA)
- U.S. Citizenship for an Adopted Child
- Renunciation of U.S. Nationality Abroad
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