SPOUSE VISA (K3)
What is SPOUSE(K3) Visa:
The K3 visa was established to enable alien spouses of U. S. citizens (USCs) to enter the U.S. while they wait to apply for lawful permanent residence status. It is a multiple entry non-immigrant (temporary) visa.
The unmarried minor children (i.e those under the age of 21 years at the time they enter the US) of a K3 beneficiary derive "K4" non-immigrant visa status from the K3 parent provided they are named in the K3 visa petition.
After their arrival in the US, the spouse and children can obtain conditional permanent residence by filing for adjustment of status. The alien K3 spouse and the K4 children will be able to work upon entry after getting an Employment Authorization Document ("EAD"). Application for an EAD can be made immediately after arrival or at the time of filing for adjustment of status. After getting the EAD the K3 spouse and the K4 children can apply to get a social security number. K3 and K4 visa holders can freely travel outside the US and return to the US on their valid K3 / K4 visas. Advance parole is not required.
Eligibility:
To qualify for a K3 visa, the following eligibility criteria must be met :
- The petitioner must be a U.S. citizen.
- The petitioner and the alien beneficiary must be legally married to each other.
- The USC spouse must file a family-based I-130 immigration petition for the alien spouse.
- The alien spouse must seek to enter the US to await approval of the I-130 petition and the subsequent grant of lawful permanent resident status.
Procedure:
In brief, the process procuring a K3 visa involves the following steps :
- For at least 2 years immediately preceding the time of application, the applicant must have been a member of a religious denomination* having a bona fide, non profit religious organization in the US.
- The applicant must be seeing entry into the US for any of the following purposes :
- Solely as a minister of religion;
- The applicant must be seeing entry into the US for any of the following purposes :
Processing Time:
The processing time for a K3 visa may vary from six months to nine months depending on the backlog of similar cases pending approval with the USCIS.
How can we help :
- Provide you an estimate of costs involved (i.e. filing fees, attorney fees & costs);
- Provide you with a checklist of documents required for applying for the K3 visa;
- Prepare the petition (i.e. application) for K3 visa along with all necessary attachments & supplements;
- Submit the application to the proper government agencies;
- Co-ordinate correspondence with government agencies;
- Advise you on an on-going basis of the progress of your case;
- Intimate you forthwith on receipt of approval of your petition;
- Assist in preparing documents required by the consulate in the spouse’s home country;
- Advise on how to prepare and what to expect at the consulate interview;
- Advise on steps to be taken after arrival of the spouse in the US;
- Provide you a copy of all papers filed.