K-3 Visa – U.S. Visa For Married Partners
The K-3 visa is a non-immigrant visa. In the past, foreign spouses were able to enter the U.S. more quickly with this visa than if they applied for an immigrant visa at the same time or on their own. In addition to the I-130 petition (for the IR-1 or CR-1 immigrant visa), the U.S. spouse could then also file an I-129F petition, as required for fiancés (K-1 visa). Depending on which petition was decided upon first, an IR-1 or CR-1 visa or a K-3 visa could then be applied for in a second step.
A K-3 visa is usually valid for 24 months and is suitable for multiple entries and exits.
Adjustment of status required for K-3 visa
While the third step is not necessary for an immigrant visa, after entering the country on a K-3 visa, a so-called adjustment of status must be carried out, i.e., the actual green card must be applied for.
It is also important to note that if the marriage took place outside the U.S., the K-3 visa can generally only be applied for in the country where the wedding took place. So if a couple got married while on vacation in Australia, the K-3 visa would have to be applied for in Australia and the required interview appointment would also have to be attended there.
Applying for an IR-1/CR-1 visa recommended
The processing times for K-3 and IR-1 or CR-1 visas no longer differ significantly, so it is generally recommended to apply for an IR-1 or CR-1 visa only and not a K-3 visa. The U.S. Immigration Service itself points this out on its website (as of January 24, 2022):
“However, because USCIS now takes less time to adjudicate the Form I-130, the current need for K-3 and K-4 visas is rare.”
Are spouses with a K-3 visa allowed to work in the U.S.?
K-3 visa holders are eligible to work, but should apply for a work permit, i.e. an “employment authorization document” (EAD) (Form I-765), as proof.
What applies to children of K-3 visa applicants?
Children of the foreign spouse can apply for a K-4 visa if they are unmarried and under 21 years of age.
Our experts in U.S. visa law advise on the K-3 visa
If we can help you with your application for a K-3 visa or green card, please contact us – either by e-mail (info@visum-usa.com) or by phone (+49 69 76 75 77 85 26).
We would be happy to arrange an appointment with you for an initial consultation with a lawyer. If you wish, we can then take care of the necessary application process for you.
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