The K3 visa can let the spouses of abroad come to the U.S. So they can get their U.S. citizen spouse while waiting for a
spousal petition. When the k3 visa was not created, the spouses had no chance to come back to the U.S. They have to stay
abroad until the I-130 spousal petition was approved by the INS. And then they can forward to the U.S. consulate. It would
cost them about one year to process.
From then on, the k-3 visa was created. So the spouses of foreign can stay in the U.S. while they are waiting for the
approval of the I-130 petition. When the I-130 is being processed, the spouses don't have to remain abroad.
Who is Eligible?
A person may receive a K-3 visa if that person:
has a valid marriage with a citizen of the United States;
has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,
When the form I-129 is approved, petition for alien spouse, the person has to go to the American consulate abroad where the
The K3 visa can let the spouses of abroad come to the U.S. So they can get their U.S. citizen spouse while waiting for a spousal petition. When the k3 visa was not created, the spouses had no chance to come back to the U.S. They have to stay abroad until the I-130 spousal petition was approved by the INS. And then they can forward to the U.S. consulate. It would cost them about one year to process.
From then on, the k-3 visa was created. So the spouses of foreign can stay in the U.S. while they are waiting for the approval of the I-130 petition. When the I-130 is being processed, the spouses don't have to remain abroad.
Who is Eligible?
A person may receive a K-3 visa if that person:
has a valid marriage with a citizen of the United States;
has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
Foreign Spouses Citizens who want to come to the U.S and join their U.S citizen but the spousal petition is pending. The k3 visa category is available. Long time ago, when the k3 visa was not created, the U.S spouses had to live abroad until the I-130 spousal petition, which was approved by the INS. And then they can forward to the U.S. consulate. And then they can forward to the U.S. consulate. It would cost them about one year to process.
From then on, the k-3 visa was created. So the spouses of foreign can stay in the U.S. while they are waiting for the approval of the I-130 petition. When the I-130 is being processed, the spouses don't have to remain abroad.
Who is Eligible?
A person may receive a K-3 visa if that person:
has a valid marriage with a citizen of the United States;
has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,
has an approved Form I-129, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. The alien spouse can apply for her/his k-3 visa at jurisdiction over the current residence, if the marriage took place in the United States.
If the alien spouse who gets a k3 visa has a child who is under 21 years old and has not gotten married, the spouse's child can get a k-4 visa.
Work Permit
Once you are in the processing of applying for a k-3 or k-4 visa, you are allowed to apply for a work permit. If you receive the k-3 visa and adjust to permanent resident status, you don't need to apply for the work permit. The spouse who gets his/her permanent resident lawfully, should receive a permanent resident card. The card will prove your permanent right to live and work in the United States.
Leave the United States and travel abroad
If you want to travel outside the U.S and return but are in k3 or k4 visa status, you may use your unexpired K-3 or K-4 nonimmigrant visa. It is allowed to do this while you are applying for adjustment of status at the same time.
As you know that there is a long time to receive your spouse's k3 visa. If you done correctly with the k3/k4 visa application, you can spend much less time to get together with your spouse who are waiting for immigration status. Because the k3/k4 visa is a new visa category, you should get assistance from an attorney with experience with the k3/k4 visa.
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