What is a K3 Visa for Spouse?

With a nonimmigrant K3 Spouse Visa, also known as K3 Visa, your foreign spouse may be allowed to enter the U.S. under a temporary legal status.

If you are a couple and want to move to the U.S. together, this visa may be the perfect opportunity to start a new life in the country.

Once you got your K3 Visa, you can change your status and become a U.S. Lawful Permanent Resident.

How can IAS help you apply for a K-3 Spouse Visa?

There are several conditions to meet to qualify for a K-3 Spouse Visa. Your case will be followed by one of our lawyers experienced in processing nonimmigrant permits.

Your advisor will confirm if you meet the K-3 Spouse Visa requirements and will check if all your documents are relevant for your case. Together, you will be able to build a comprehensive portfolio to support your application.

Get in touch today by calling us on +1844 290 6312 or using our online contact form.

FAQs

What are the K3 Visa requirements?

If you want to apply for a K-3 Visa, you must meet further requirements:

  • You must be legally married outside the UK;
  • You must be a U.S. citizen. Green card holders are not eligible for this visa;
  • Your spouse must currently reside outside the U.S.;
  • Your gross income or most recent tax return must be in line with the Federal Poverty; Thus, you can qualify as a sponsor.

Same-sex spouses are eligible for the same immigration benefits as opposite-sex couples. However, only legally wedded husbands or wives are legally recognized as a “spouse”. Merely living together does not qualify for immigration benefits.

How much does a K3 Visa cost?

Fees are charged at different stages of your K3 Visa application process:

  • Presentation of the I-130 Immigration Petition for Alien Relative Form: $535;
  • Submission of the I-129 Petition for Alien Fiancé Form: $460;
  • Medical examination fee;
  • Biometric services fee.

The total cost of a K3 Visa is usually up to $994, but there may be other services fees.

How long does a K-3 Spouse Visa last?

The K3 Visa is valid for two years. During this time, it is not possible to apply for any another non-immigrant permit category.

To be granted an extension, your spouse must submit a Form I-539 to the U.S. Citizenship and Immigration Services (USCIS). This must be done within 120 days before the K-3 Spouse visa expires. This extension will grant a further 2-year increment.

Your marriage may end through divorce or annulment before your spouse becomes a lawful permanent resident. In this case, the K-3 visa benefits automatically terminate after 30 days.

How long does the K3 Visa processing time last?

The K3 Visa processing time involves several stages and forms to be filed.

  • Form I-130

In the first place, you must apply for the K-3 visa in the country where the marriage took place.

With this form, you ask to establish your relationship with your alien relatives who wish to join you in the country.

  • Form I-129F (Petition for Alien Fiancé(e))

If your spouse meets the requirements, you must fill out the Form I-129. At this stage of the application, you will need to provide any proof of identification such as your and your spouse’s passports. The USCIS will send your spouse a receipt within 30 days from the time the form is filed.

This process lasts about six to nine months. The I-129F petition is valid for four months from the date of its approval. However, a Consular Office can extend its validity if it expires before the K-3 visa process is completed.

If USCIS approves the I-130F before or at the same time as I-129F, your spouse and his or her children will no longer need a K-3 or K-4 visa. After having their I-130F approved, they must directly apply for immigrant visas. This will let them seek admission as lawful permanent residents.

  • Form DS-160 and interview

After 30 days from the Form I-129 approval, your spouse will receive an invitation for an interview. It will take place at the U.S. embassy or consulate in your home country. The next step is to file the DS-160 visa application form and uploading it on the Department of State’s website. You will require a printed confirmation of this process, along with other documents.

The consular officer will ask to check your legal marriage certificate. Other documents you may be asked for are your most recent tax return and further proofs of marriage, such as wedding photographs. Moreover, your spouse must undergo a medical examination and meet specific vaccination requirements.

The interview will take place about 4-6 weeks after the date of the invitation. The final decision should be ready on the same day or shortly after.

Can a K3 Visa holder apply for a Green Card?

Under a K-3 visa, your spouse can freely remain in the U.S.

However, he or she is not eligible to work until he or she applies for employment authorization. This can be made only upon arrival to the U.S. and typically takes about four months.

What is the K3 Visa processing time?

The K-3 visa process takes an average of 6-9 months. Since this is the same waiting time to obtain a marriage green card, in some cases this permit may be unnecessary. Your lawyer can help you understand what nonimmigrant visa is most suitable for your case.

Can you bring your dependents with you on a K-3 Spouse Visa?

If you have biological or adopted children, they can travel to the U.S on a K-4 visa status. To be eligible, they must be unmarried and under the age of 21.

If you have been refused your nonimmigrant K3 Spouse Visa, your children will not be eligible to apply for a K-4 visa.

How can IAS help you with your K-3 visa process?

If you do not provide adequate evidence of a bona fide relationship between you and your partner, your K-3 Spouse Visa can be denied. Thus, it is crucial to seek professional support.

Our immigration lawyers are here to help. Our bespoke services include:

  • A full document check to ensure your evidence is appropriate;
  • Preparing a Letter of Representation that will suit your case;
  • Liaising with the Entry Clearance Office;
  • Ensuring your application forms are of the highest possible standard;
  • Supporting you and your family through the entire K-3 visa processing time.

Call us today, and we will offer you and your family our best advice to maximize your chances to get your visa.

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