K-3 Visa

The K3 and K4 visas allow the foreign spouse and his or her children to enter the United States as nonimmigrants, re-unite with their family in the United States, and then apply for permanent resident status (Green Card) while in the United States.

How to apply?

An American citizen must file a K-3 petition on your behalf with the US Citizenship and Immigration Services (USCIS) and show that an immigrant petition is being or will be processed.

The approved K3 petition will be forwarded by the USCIS to the American consular office where the foreign spouse will apply for his or her visa. A petition is valid for a period of four months from the date of USCIS action, and may be revalidated by the consular officer.

Upon approval of the K3 petition by the USCIS, the applicant may apply for a K3 visa stamp at the American consular office. A K3 visa applicant is an intending immigrant and, therefore, must provide documents similar to the requirements of an immigrant visa applicant (see immigrant visas).

As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the foreign spouse. If found eligible, a visa will be issued. This visa will be valid for multiple entry during a period of 24 months.

Are there any disqualifying conditions?

The following individuals may be disqualified from benefiting from a K-3 visa. Those who:
1. have committed serious criminal act
2.  are likely to become a public charge
3. have used illegal means to enter the United States
4. have a communicable disease or a dangerous mental disorder
5. are drug addicts
6. are subject to the J1 two-year foreign residency requirement.

They cannot only be admitted to the United States if the disqualifying condition have been modified or changed. The waiver must be approved by the USCIS before the consular officer will issue a K3 visa.

What happens after I enter the United States?

You should do the following after entry:
1.  apply for work authorization with the USCIS in order to accept employment in the United States
2.  apply to the USCIS for permanent residency (Green Card).

For marriages less than two years old, the applicant is initially granted conditional resident status. After two years, the applicant may apply to the USCIS for removal of the conditional status.