A K-3 Visa is usually issued to a non U.S. Citizen who is married to a U.S. Citizen. Waiting around to gain entrance in the US as an immigrant after getting a immigrant visa can be a time-consuming and difficult process. The spouse or children of a US Citizen can enter quicker by applying for a K-3/K-4 (spouse/children) visa allow immigrants to be processed and granted entrance as nonimmigrants.
A K-3 Visa is a non-immigrant multi-entry visa that is typically valid for 2 years. With a valid K-3 visa, the K-3 visa holder may be able to file for Adjustment of Status or just wait for their I-130 to be approved so they can return to their home country to earn an immigrant visa.
If the K-3 visa holder files for Adjustment of Status, they will be allowed to stay in the U.S. until they are given an outcome for their application. Children under 21 of a K-3 Visa holder may also be eligible to receive a K-4 Visa allowing them to enter the United States with their non US Citizen parent and ultimately as well apply for Adjustment of Status.
To obtain a K-3 nonimmigrant visa for your spouse, the U.S. citizen petitioner must file two petitions with USCIS on his or her behalf.
- Form I-130: As a U.S. citizen will be able to file this form on behalf of your non-citizen spouse. When USCIS receives the form, you will be given a I-797 form also called Notice of Action.
- Form I-129F, Petition for Alien Fiancé(e): If you are a U.S. citizen hoping to file a I-129F for your non-citizen spouse, you will want to include a copy of the I-797 you have received from USCIS after filing your I-130 form. If your non-citizen spouse has any minor children seeking K-4 nonimmigrant visas, they should be listed on your spouse’s I-129F form.
Getting a K-3/K-4 visa can be a complicated process. Take our advice and work with an experienced immigration lawyer to help you through the process.
SCHEDULE A CONSULTATION TODAY
At the Law Offices of Gary J. Kim, we take great pride in the personalized attention we provide to each of our clients. We understand how challenging the process can be, and we will work with you through every step to help you through. To schedule your free initial consultation, call us at (213) 427-6262 or contact us online.