k3 spouse visa
The K-3 nonimmigrant visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is intended to shorten the physical separation between the foreign-citizen and U.S. citizen spouses by having the option to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition.
K-3 visa recipients subsequently apply to adjust status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) upon approval of the petition. Because the spouse of a U.S. citizen applying for a nonimmigrant K-3 visa must have a immigrant visa petition filed on his or her behalf by his or her U.S. citizen spouse and pending approval, a K-3 applicant must meet some of the requirements of an immigrant visa.
It should be noted that under U.S. immigration law, a foreign citizen who marries a U.S. citizen outside the U.S. must apply for the K-3 visa in the country where the marriage took place.
Eligible children of K-3 visa applicants receive K-4 visas. Both K-3 and the K-4 visas allow their recipients to stay in the U.S. while immigrant visa petitions are pending approval by USCIS.
K3 Visa Requirements:
n To qualify for a K3 visa, the applicant must be living outside of the US,
n be married to a US citizen and have taken the first step in the immigration process by applying for a visa number (I-130).
n K3 visa applicants may also be required to meet certain health and character requirements.
K3 Visa Entitlements:
Ø A K3 visa provides the holder with the opportunity of reuniting with their spouses in the US while waiting for their Green Card application to be processed.
Ø K3 visa holders may undertake employment in the US with an approved employment authorization.
Ø Unmarried children under 21 years of age may apply for the applicable derivative visa (K4 visa) to accompany their parent to the US and wait for their Green Card application to be processed in the US.