Introduction to the K-3 Visa for Spouses to US Citizens

By: Michiel Van Kets Click author's name for more of his/her articles

Previously the law required spouses of U.S. citizens to wait outside the U.S. until their green card was approved. However with the introduction of the K3 visa, spouses are now permitted to enter the U.S. whilst waiting for a nonimmigrant visa category and then can submit an application for permanent residence status. The process will take around 6 months.

There are benefits to obtaining the K3 visa. The waiting period is normally a lot shorter in comparison to marriage-based immigration visa petitions, also you are eligible to apply for a work permit and find employment. If there are children involved they can travel to the U.S. on a K4 dependent visa, the requirements state that they have to be less than 21 years of age and were named in the visa petition. They may also be eligible to look for work once they are in the U.S.

To qualify for the K3 visa you have to be legally married to a U.S. citizen and have a family-based I-130 immigration petition filed by your spouse on your behalf, this has to be done with the U.S. Citizenship and Immigration Services (USCIS) service center that has authority over your place of residence. After this has been accepted you should then obtain Form I-797, Notice of Action, signifying that the USCIS has received the Form I-130.Your partner should then file on your behalf a copy of this Form I-797 along with a USCIS Form I-129F.After adjudicating the Form I-129F, the USCIS then sends your information to the correct American Consulate so that the K3 visa can then be applied for.

If your spouse is already in the U.S. but has a different category of visa, such as a tourist visa, it cannot be changed into a K3 marriage visa. If this is the case, a person would have to leave the U.S., applying for the K-3 visa from another country and then re-entering under the new visa category.

When entering the U.S. with a K-3 visa, you are permitted to stay for a period of 2 years. If they have children they will also be allocated the same amount of time to stay. However if the children are nearly at the age of 21 then their visa will only last until this age is reached and then will expire.

When a nonimmigrant has a 2 year K3 visa that is soon to expire they are entitled to apply for an extension, this is done in extensions of 2 years periods. Before granting another 2 years, the USCIS will want to see that you have applied for a change of status or put in an application for immigrant status. If neither of these has been done then they will expect to hear a good reason as to why not before giving you a further 2 years.

If you need to leave the country for whatever reason and if you are on a K-3 visa in the U.S., then you have the right to leave and return on your K3 visa, it is not called in just because you leave the country. If you are in the process of changing your status this still applies.

The K3 marriage visa has made things much simpler now for couples married abroad to be together. If you run a busy schedule or feel uncertain on how to handle all the paperwork that that will be required for obtaining a K-3 or a K-1 visa there are agencies online that can prepare your application. By hiring a visa agency you will avoid all the hassle of dealing with all the bureaucracy involved.

Article Source: ABC Article Directory

About The Author: Michiel Van Kets provides article services for Duane J. Beadle, an expert on K -1 Fiancee Visa and K- 3 Marriage Visa issues. For information advice & consulting please visit the website.