K-3 Foreign Spouse Visa

Purpose

• Enter the United States as the spouse of a U.S. citizen to be able to reside together while the immigration process is completed. The K-3 visa was created as part of the LIFE Act and is intended to eliminate lengthy periods of family separation.

Procedure

• Apply for K-3 visa at a U.S. Consulate

Pro

• Generally faster processing times than those involved with the immigrant visa or "green card".

Con

• In contrast to an individual who enters the U.S. with a green card, the K-3 requires the foreign national to make post-admission applications with USCIS and to monitor the case for completion.

Points of Interest

• Although the K-3 is technically considered a nonimmigrant visa, the U.S. Department of Homeland Security and the U.S. Department of State recognize that the spouse of a U.S. citizen is obviously an intending immigrant. As such, the visa application is processed more like an immigrant visa rather than a nonimmigrant or temporary visa.
• Unlike the K-1 fiance visa, the K-3 visa does not confer just a single admission to the United States . A foreign national with a valid K-3 visa may travel outside the U.S. without first obtaining special permission, referred to as advance parole. This is true even if there is a pending application for adjustment of statue. In the case of a K-3, the USCIS will not consider travel abroad to be an abandonment of the adjustment application.
• Foreign nationals who enter the U.S. on a K-3 visa may obtain work authorization after making a proper application with USCIS. Employment authorization documents may be renewed if the K-3 can prove that the immigration process is still on-going.
• Minor children of a K-3 may be issued K-4 visas to accompany the parent or follow to join.