What is K-3 visa?

The K-3 spouse visa is a nonimmigrant visa which allows the spouses of U.S. citizens to enter into the United States and await the availability of an immigrant visa.

What are the steps to obtain a K-3 visa?

To obtain K-3 status for an alien spouse, the U.S. citizen petitioner must first file an I-130 petition with USCIS in the United States. The U.S. citizen petitioners must also file a second petition, the I-129F, with the USCIS in the United States on behalf of the alien spouse. Contact Xielaw if you have more questions or when you are ready to start the application.

What is the K-3 visa processing time?

The K-3 visa processing time varies with each individual's circumstances. Under normal circumstances, it takes around 4 to 6 months at the USCIS plus 3 to 4 months at the Consulates to process the K-3 visa.

Can I bring my dependant child to the United States if I am on K-3 visa?

Yes, your child may accompany you to the United States on K-4 visa provided your child is unmarried and under 21 years of age.

What if my I-130 is approved prior to the issuance of my K-3 visa?

It depends on your specific situation.  Generally speaking, if you are approaching the immigrant visa interview, you may need to proceed with your I-130 based immigrant visa in stead of having the K-3 visa to enter the US.   Due to the complexities of your specific situation, it is advisable to consult an experienced immigration attorney for advice.

Is the K-3 or K-1 visa faster?

This depends on where you currently reside in the United States.  Your residence determines which service center processes your application.  It also depends on the current back logs at the service centers and the processing backlog at the National Benefits Center.

Once the K-3 visa is issued how long does the foreign spouse have to come to the United States?

The K-3 spouse has six months to enter the United States after issuance of the K-3 visa.

Is the K-3 visa issued at the time of the interview?

Yes, or within a short time.

Can K-3 visa holders work after entering in the United States?

Yes, However, he/she must apply for and receive a work permit which allows her to work while her application for Adjustment of Status (Green Card) is pending. It normally takes about 90 days to obtain the work permit.

Can I change status from K-3/K-4 to another nonimmigrant visa status in the U.S.?

No, K-3 and K-4 cannot change status in the United States to another non-immigrant visa category.

Can I extend my stay on K-3 visa?

Yes, you may apply for extension of stay while on K-3 visa.

Can my K-3 and K-4 status be terminated?

K-3 and K-4 status is automatically terminated 30 days after the denial or revocation of the visa holder's I-130 petition or adjustment of status application, the K-3's divorce of the U.S. citizen spouse, or the death of the U.S. citizen petitioner spouse.

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