The K3 Spouse visa is a non-immigrant visa that allows a spouse of a US citizen to enter US while waiting for the availability of an immigrant visa. The K3 status must be obtained at any US Embassy or Consulate abroad.
Am I eligible to apply for a K3 Visa?
To qualify for a K3 Spouse visa you have to meet the following requirements:
- you must be a legal spouse of a US citizen;
- you are currently residing outside US in the time of application;
- your purpose of entering US would be to await the availability of an immigrant visa;
- your US citizen spouse have filed a petition for alien relative
Benefits of K3 Visa
Holder of K3 Visa will enjoy the following benefits:
- the foreign spouse will be able to reside in the US while waiting for the approval of your immigrant visa petition;
- ability to apply for a work permit;
- the K3 visa holder can travel outside US, and re-enter US again;
- can study in US
K3 visa is valid for 2 years with multiple entries. There is a limitation, however for the K3 Visa. K3 visa holder cannot change to other non-immigrant status. While you are on a K3 Visa you may apply for an Extension of Stay - this must be applied 120 days prior to the expiration of your authorized stay.
K3 visa holder is allowed to study in the U.S. on K3 visa while awaiting the issuance of an immigrant visa. If you are currently on a K-3 Visa and you wish to work, you may apply for Employment Authorization.You cannot begin work until the EAD has been issued. With regards to travel restrictictions, there is no travel restrictions for a K3 Visa. Holders are allowed to travel outside US and re-enter using K3 visa. If you have filed for Adjustment of Status in the U.S. prior to your departure from theUS, the USCIS will not presume that the departure constitutes abandonment of your adjustment application.
To apply for a K-3 visa, your U.S. citizen spouse must:
1. File Form I-130 (Immigrant Visa Petition), Petition for Alien Relative, with USCIS in the U.S. on your behalf
2. File a second petition, Form I-129F Petition for Alien Fiancé, together with a copy of the receipt notice for the I-130 with the USCIS in the U.S. on your behalf
Please note that the confirmation of USCIS approval of the I-129F Petition for Alien Fiancé is required before a K-3 visa may be issued. The K-3 visa processing time varies with each individual's circumstances. Under normal circumstances, it takes around 3 to 5 months at the USCIS plus 2 to 3 months at the Consulates to process the K3 visa.
• Online form
• Police certificate
• Birth certificates
• Marriage certificate
• Divorce or Death certificates if you married before
• Medical exam
• Valid passport
If you wish to immigrate to US you may do so through Marriage to a US citizen and filing US Visa K3 Spouse Visa application.