B
O
C
The Legal Immigration Family Equity Act and its amendments
(LIFE Act) established a new nonimmigrant category within the
immigration law that allows the spouse or child of a U.S. citizen
to be admitted to the United States in a nonimmigrant category.
The admission allows the spouse or child to complete processing
for permanent residence while in the United States. It also
allows those admitted in the new category to have permission
for employment while they await processing of their case to
permanent resident status.
In situations where a U.S. citizen wishes to marry or has married
an individual the K3 visa, K1 visa or adjusting status to lawful
permanent residence (green card) are typically the most
expeditious visas to reunite the U.S. citizen with his spouse or
fiancée.
A fiancée of a US citizen is eligible for the K1 visa and a spouse
residing abroad is eligible for a K3 visa. A U.S. citizen may
petition for his or her spouse to obtain permanent residence if
the spouse is residing in the U.S.
Applicants must be aware of non immigrant intent, unlawful
presence, and public charge issues to ensure that they are in
compliance with immigration law.
Furthermore, the USCIS will scrutinize the relationship to ensure
that it is bona fide and not entered into solely for the purpose of
gaining immigration benefits.
K3 VISA OVERVIEW
K3 visas are appropriate for spouses of US citizens residing
outside of the US. Congress created the K3 visa to reduce the
long wait that the US citizen and her spouse experienced, while
waiting for an immigrant visa.
The K3 visa allows one to enter the US in nonimmigrant status to
eventually adjust status to lawful permanent residency while in
the United States.
USCIS will grant the applicant with a two-year admission period
when the K3 visa holder enters the United States. Foreign
national spouses present in the United States can travel outside
of the United States and return using their K3 visa.
While in K3 status, if one has filed for adjustment of status in the
US prior to departure from the US, USCIS will not presume that
the departure constitutes abandonment of an adjustment
application.
ELIGIBILITY REQUIREMENTS FOR THE K3 VISA:
consulate abroad where the alien wishes to apply for
the K-3/K-4 visa. The consulate must be in
the country in which the marriage to the U.S. citizen
took place if the United States has a consulate which
issues immigrant visas in that country. If the
marriage took place in the United States, the
designated consulate is the one with jurisdiction over
the current residence of the alien spouse.
an alien eligible to be a K-3.
How Do I Apply?
So that the alien spouse and child may apply for a K-3
nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for
a child, the citizen must file Form I-130 on behalf of the alien
spouse with the applicable Service Center having jurisdiction
over the citizen’s place of residence.
The citizen petitioner will then receive a Form I-797, Notice of
Action, indicating that the I-130 has been received by the USCIS.
The citizen should then file a copy of this I-797, along with a
Form I-129F on behalf of the alien spouse and any children, to
the following address:
USCIS
P.O. Box 7218
Chicago, IL 60607-7218
Petitioners should be careful to follow all instructions on each
form and provide the Service with all necessary documentation.
Following adjudication of the Form I-129F, the petition will be
forwarded to the applicable consulate so that the alien
beneficiary or beneficiaries may apply to the Department of State
for nonimmigrant K-3/K-4 visas.
K3 VISA PETITIONS:
To obtain K3 status for your foreign national spouse an
immediate relative petition is filed by the U.S. citizen with USCIS.
After the applicant receives a receipt of the initial petition, (s)he
may file a K3 petition with USCIS on behalf of the foreign
national.
Once USCIS approves the petition, the application is sent to the
National Visa Center to perform security checks. The National
Visa Center will forward the petition to the US embassy. If your
marriage occurred abroad, a K3 visa must be issued in the
country where the marriage took place.
WHAT HAPPENS AFTER THE K3 VISA PETITION IS
APPROVED?
The consulate will send a letter to your spouse requesting a list
of documents necessary to obtain the K3 visa. The consulate
will also commence security clearance processing.
The security clearance will partly determine whether or not the
beneficiary is inadmissible to enter the United States on a K3
visa. The consular officer may deny the K3 visa if the officer
determines that the beneficiary is inadmissible.
Alternatively, the officer may deem that a waiver of
inadmissibility is necessary. In this situation, the USCIS must
approve an I-601 waiver, before the consular officer will issue a
K3 visa.
Once all processing is completed, and the applicant has all
necessary documents, a consular officer will interview your
spouse to determine if she is eligible for the K3 visa.
The officer will review all of the documents and question the K3
visa applicant to determine if the marriage is bona fide, ensure
the applicant is not inadmissible and will not become a public
charge. If the consular officer finds that your spouse is eligible
she will issue a K3 visa.
The K3 visa applicant may adjust status to lawful permanent
residency or obtain an immigrant visa at the consular post in the
country of where the marriage took place. The K3 visa admits an
applicant to the United States for two years.
K4 VISA:
A child may qualify for a K4 visa if they are a minor, unmarried
child less than 21 years of age of a qualified K3 visa applicant.
If I enter on a K3 visa can I change status to another non-
immigrant visa category?
No. K3 visa holders cannot change status in the United States to
another nonimmigrant visa category.
Does the K-3 visa applicant need the I-864, Affidavit of
Support?
K3 visa applicants DO NOT need to submit the Form I-864
Affidavit of Support, until they adjust status to lawful permanent
residency in the United States in the U.S. However, the Affidavit
of Support for non immigrant visas, may be deemed appropriate
by the consular officer.
Can I obtain work-authorization and a social security through
a K-3 visa?
Yes. USCIS will usually grant employment authorization in
two-year increments.
What is advance parole? Do I need to apply for Advance
Parole if I have a K3 visa?
Advance parole allows the applicant to enter and reenter the
United States for the duration of the validity of the advance
parole document. The K3/K4 is a multiple entry visa that allows
you to reenter the United States without Advance Parole.
If I am out of status may I obtain a K3 visa?
K3 visa applicants are subject to the 3 year bar if they accrued
more than 180 days of unlawful presence in the US. If they
accrued one or more years of unlawful presence they are subject
to a 10 year bar. However, they may apply for a waiver to
overcome the 3 or 10 year bar.
(LIFE Act) established a new nonimmigrant category within the
immigration law that allows the spouse or child of a U.S. citizen
to be admitted to the United States in a nonimmigrant category.
The admission allows the spouse or child to complete processing
for permanent residence while in the United States. It also
allows those admitted in the new category to have permission
for employment while they await processing of their case to
permanent resident status.
In situations where a U.S. citizen wishes to marry or has married
an individual the K3 visa, K1 visa or adjusting status to lawful
permanent residence (green card) are typically the most
expeditious visas to reunite the U.S. citizen with his spouse or
fiancée.
A fiancée of a US citizen is eligible for the K1 visa and a spouse
residing abroad is eligible for a K3 visa. A U.S. citizen may
petition for his or her spouse to obtain permanent residence if
the spouse is residing in the U.S.
Applicants must be aware of non immigrant intent, unlawful
presence, and public charge issues to ensure that they are in
compliance with immigration law.
Furthermore, the USCIS will scrutinize the relationship to ensure
that it is bona fide and not entered into solely for the purpose of
gaining immigration benefits.
K3 VISA OVERVIEW
K3 visas are appropriate for spouses of US citizens residing
outside of the US. Congress created the K3 visa to reduce the
long wait that the US citizen and her spouse experienced, while
waiting for an immigrant visa.
The K3 visa allows one to enter the US in nonimmigrant status to
eventually adjust status to lawful permanent residency while in
the United States.
USCIS will grant the applicant with a two-year admission period
when the K3 visa holder enters the United States. Foreign
national spouses present in the United States can travel outside
of the United States and return using their K3 visa.
While in K3 status, if one has filed for adjustment of status in the
US prior to departure from the US, USCIS will not presume that
the departure constitutes abandonment of an adjustment
application.
ELIGIBILITY REQUIREMENTS FOR THE K3 VISA:
A person may receive a K-3 visa if that person:
- has concluded a valid marriage with a citizen of the
- has a relative petition (Form I-130) filed by the U.S.
- seeks to enter the United States to await the
- permanent resident status, and,
- has an approved Form I-129, Petition for Alien
consulate abroad where the alien wishes to apply for
the K-3/K-4 visa. The consulate must be in
the country in which the marriage to the U.S. citizen
took place if the United States has a consulate which
issues immigrant visas in that country. If the
marriage took place in the United States, the
designated consulate is the one with jurisdiction over
the current residence of the alien spouse.
- A person may receive a K-4 visa, if that person is
an alien eligible to be a K-3.
How Do I Apply?
So that the alien spouse and child may apply for a K-3
nonimmigrant visa for a spouse and a K-4 nonimmigrant visa for
a child, the citizen must file Form I-130 on behalf of the alien
spouse with the applicable Service Center having jurisdiction
over the citizen’s place of residence.
The citizen petitioner will then receive a Form I-797, Notice of
Action, indicating that the I-130 has been received by the USCIS.
The citizen should then file a copy of this I-797, along with a
Form I-129F on behalf of the alien spouse and any children, to
the following address:
USCIS
P.O. Box 7218
Chicago, IL 60607-7218
Petitioners should be careful to follow all instructions on each
form and provide the Service with all necessary documentation.
Following adjudication of the Form I-129F, the petition will be
forwarded to the applicable consulate so that the alien
beneficiary or beneficiaries may apply to the Department of State
for nonimmigrant K-3/K-4 visas.
K3 VISA PETITIONS:
To obtain K3 status for your foreign national spouse an
immediate relative petition is filed by the U.S. citizen with USCIS.
After the applicant receives a receipt of the initial petition, (s)he
may file a K3 petition with USCIS on behalf of the foreign
national.
Once USCIS approves the petition, the application is sent to the
National Visa Center to perform security checks. The National
Visa Center will forward the petition to the US embassy. If your
marriage occurred abroad, a K3 visa must be issued in the
country where the marriage took place.
WHAT HAPPENS AFTER THE K3 VISA PETITION IS
APPROVED?
The consulate will send a letter to your spouse requesting a list
of documents necessary to obtain the K3 visa. The consulate
will also commence security clearance processing.
The security clearance will partly determine whether or not the
beneficiary is inadmissible to enter the United States on a K3
visa. The consular officer may deny the K3 visa if the officer
determines that the beneficiary is inadmissible.
Alternatively, the officer may deem that a waiver of
inadmissibility is necessary. In this situation, the USCIS must
approve an I-601 waiver, before the consular officer will issue a
K3 visa.
Once all processing is completed, and the applicant has all
necessary documents, a consular officer will interview your
spouse to determine if she is eligible for the K3 visa.
The officer will review all of the documents and question the K3
visa applicant to determine if the marriage is bona fide, ensure
the applicant is not inadmissible and will not become a public
charge. If the consular officer finds that your spouse is eligible
she will issue a K3 visa.
The K3 visa applicant may adjust status to lawful permanent
residency or obtain an immigrant visa at the consular post in the
country of where the marriage took place. The K3 visa admits an
applicant to the United States for two years.
K4 VISA:
A child may qualify for a K4 visa if they are a minor, unmarried
child less than 21 years of age of a qualified K3 visa applicant.
If I enter on a K3 visa can I change status to another non-
immigrant visa category?
No. K3 visa holders cannot change status in the United States to
another nonimmigrant visa category.
Does the K-3 visa applicant need the I-864, Affidavit of
Support?
K3 visa applicants DO NOT need to submit the Form I-864
Affidavit of Support, until they adjust status to lawful permanent
residency in the United States in the U.S. However, the Affidavit
of Support for non immigrant visas, may be deemed appropriate
by the consular officer.
Can I obtain work-authorization and a social security through
a K-3 visa?
Yes. USCIS will usually grant employment authorization in
two-year increments.
What is advance parole? Do I need to apply for Advance
Parole if I have a K3 visa?
Advance parole allows the applicant to enter and reenter the
United States for the duration of the validity of the advance
parole document. The K3/K4 is a multiple entry visa that allows
you to reenter the United States without Advance Parole.
If I am out of status may I obtain a K3 visa?
K3 visa applicants are subject to the 3 year bar if they accrued
more than 180 days of unlawful presence in the US. If they
accrued one or more years of unlawful presence they are subject
to a 10 year bar. However, they may apply for a waiver to
overcome the 3 or 10 year bar.
BOGLE
OKOYE
CHANG
 | |  |
BOGLE & CHANG, LLC
Copyright © 2010 Bogle & Chang, LLC. All Rights Reserved.
 | |  | |  | |  | |  | |  | |  |
 | |  | |  | |  |
K3 Marriage Visas
 |  |  |  |  |  |  |  |  |
