Lawyers.com > Understand Your Legal Issue > Immigration > Process for Extension of K-3 Visas

Spouses of United States citizens can come to the US on nonimmigrant K-3 visas and wait in the US to complete the immigration process. This allows a spouse to await the approval of an I-130 petition by the US Citizenship and Immigration Services (USCIS) or the availability of an immigrant visa while living in the US. This allows for family reunification during the immigration process.

After two years, a K-3 nonimmigrant may apply to USCIS for a two-year extension of stay. USCIS requires the K-3 visa holder who is seeking an extension of stay to have applied for either an adjustment of status or an immigrant visa, unless the individual is still awaiting approval of the pending spousal petition or is able to provide USCIS with a good reason why it hasn't been done.

Deadline to Apply for an Extension

The holder of a K-3 visa must apply for an extension at least 120 days before the visa expires.

Length of Extensions

Extensions are granted for two-year terms.

Extension Form

The K-3 visa holder may apply for extension of stay using Form I-539, Application to Extend or Change Nonimmigrant Status.

Where to File Extension

Form I-539 is generally filed with either the California Service Center or the Vermont Service Center. California Service Center filings cover the following states: AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MO, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI or WY. Vermont Service Center filings cover the following states: AL, AR, CT, DE, FL, GA, KY, LA, ME, MD, MA, MS, NH, NJ, NM, NY, NC, OK, PA, Puerto Rico, RI, SC, TN, TX, VT, VA, U.S. Virgin Islands, WV and the District of Columbia.

Form I-765

A Form I-765, Application for Employment Authorization, may be submitted at the same time as Form I-539. This allows for a spouse to request renewal of employment authorization.

Questions for Your Attorney

• Can I extend my stay on a K-3 visa?
• Can I study while on an extended K-3 visa?
• Are there any travel restrictions on an extended K-3 visa?

Related Resources on Lawyers.com^sm

- K-3 Foreign Spouse Visa
- Family-Based Visa FAQ
- Find an Immigration lawyer in your area
- Visit the Immigration - U.S. Issues Message Board for more help

Related Web Links

- USCIS Home Page