K-3 visas allow the foreign spouses of US citizens to reside with their partner in the US while an immigrant visa or petition is being processed. The K-3 visa itself is a nonimmigrant visa, and does not grant legal status. K-3 visas were created to reduce the physical separation between spouses during periods of extended immigrant petition processing times.
While K-3 visas sound great on paper, applications are rarely approved. In 2019, only five K-3 visas were granted. That is because in many cases the underlying immigration petition is approved before the K-3 visa application can even be processed. Because of that, applying for a K-3 visa is a kind of “just in case” move, and often a smart one.
Immigrant petitions, such as the I-130 Petition for Alien Relative(s), which are used to petition for foreign national spouses, are processed in the US. K-3 visa applications must be processed first in the US, then sent to the foreign national’s home consulate and processed for a second time. This is a lengthy process, and K-3 visa petitions are automatically denied if underlying immigrant petitions are approved first – which they usually are.
You can contact me, Boston immigration attorney Giselle M. Rodriguez, to discuss next steps on your K-3 visa, or read on to find out more.
When should you apply for a K-3 visa?
In rare cases where a K-3 visa is likely to be approved before an immigrant petition, it allows the spouses to reside together in the US while waiting for their pending applications to be approved. Once the visa is approved, the foreign national spouse of a US citizen is allowed to enter the US for two years. If the pending immigrant petitions are not yet approved, the K-3 visa can be renewed for an additional 2-year period.
During the period between K-3 visa entry and the approval of the immigrant petition, the foreign spouse can travel freely into and out of the US. During this period, the foreign spouse cannot apply for other nonimmigrant visas.
Requirements for a K-3 Visa
If you are the foreign-national spouse of a US citizen, you may qualify for a K-3 visa. To qualify, a foreign spouse must:
- Be legally married to their US citizen spouse
- Have a pending I-130 Petition for Alien Relative petition
- Have a qualifying sponsor (typically the other spouse)
- Have no serious criminal history or visa violations
- Be in a marriage that is compliant with the international Marriage Broker Act of 2005 (Applies to arranged marriages)
Note: K-3 visas are terminated in the event that the spouses get a divorce.
Can my spouse work in the US on a K-3 visa?
Once the K-3 visa is approved and your spouse enters the US, they are automatically granted work authorization. However, they may need to obtain proof of this authorization from the government before they work for an employer.
Can my spouse’s children come to the US, too? Also, what is a K-4 Visa?
If the children of your foreign national spouse need to enter the US alongside their parent(s), you can apply for a K-4 visa on their behalf. The K-4 visa, similar to the K-2 visa, is a derivative visa, and can only be filed alongside a K-3 visa application. For this reason, the requirements for a K-4 visa are similar to those of the K-2.
Get help on your K-3 visa
K-visas can be confusing, and it may be difficult to navigate the application process. If you’re not sure whether the K-visa is right for you and your spouse, or you want to get help applying, you can contact my office in Boston today for a consultation. I can help you throughout the process, from preparing the application, to gathering evidence, to preparing for the interview, and more.