K-3 Visa: Spouses of U.S. citizens

Tthe K-3 visa category allows spouses of U.S. citizens to enter the U.S. in a nonimmigrant visa category while they wait until they are able to apply for lawful permanent residence status (adjustment of status).
   
Benefits of the K3 Visa:
       
A.        The K3 visas generally have shorter waiting periods compared to marriage-based immigration visa petitions

B.        You can apply for a work permit by filing Form I-765 and engage in employment when the EAD has been issued.

C.        Your children under 21 years old can accompany you to the U.S. on the K-4 dependent visa as long as they are named in the visa petition

Requirements for the K3 Visa:
      
      You may be eligible to receive the K3 visa if:

A.       You are legally married to a U.S. citizen

B.       You have a family based I-130 immigration petition filed by the U.S. citizen spouse on your behalf

C.       You seek to enter the U.S. to await the approval of your green card petition and subsequent lawful permanent resident status

Applying for the K3 Visa:
      
      Before you apply for the K3 visa, your U.S. citizen spouse must file Form I-130 on your behalf with the U.S. Citizenship and Immigration Services (USCIS) service center that has jurisdiction over his or her place of residence.

Your spouse will then receive Form I-797, Notice of Action, indicating that the USCIS has received the Form I-130. Your spouse should then file a Form I-129F on your behalf along with a copy of this Form I-797.

After approval USCIS forwards the Form I-129F to the National Visa Center (NVC) for the next step in processing. The NVC will forward to the appropriate American Consulate so that you can apply for the K3 visa.

Duration of Stay:
      
     You can remain in the U.S. while you wait for the approval of the Form I-130 and are able to apply for lawful permanent residence status (adjustment of status), instead of having to wait outside the U.S. as the law previously required.
 
Children:
      
     Children under the age of 21 who wish to accompany or join you in the U.S. can apply for K-4 visas. They may also be eligible to take up employment during their stay in the U.S.