Is the K-3 Spousal Visa Still Available? In theory, yes, but in practice, not really. The K3 has been obsolete for several years, and if you submit a K3 nonimmigrant visa petition it will likely be changed to the CR1/IR1 Immigrant visa. The K-3 visa was created in 2000 to address a huge backlog of immigrant visa petitions for spouses.
How long does it take to get a K3 visa?
K3 Visa Processing Time. K-3 visa processing, on average, takes about 6–9 months. This is just about as long as it takes USCIS to approve the marriage green card application.Because of this lengthy processing time, most people find that it’s not worth it to apply for a K-3 visa.
What is the difference between a K1 and K3 visa?
While the K-1 visa allows your fiance to join you in the country faster, this option also comes with a higher price tag. Additionally, the K-3 visa allows for multiple entries into the country, while the K-1 visa allows for only one. Both the K-1 visa and the K-3 visa enable U.S. citizens to live in the country with a foreign spouse.
Which one is faster K1 visa or K3 visa?
This usually means photo identification and an official copy of your marriage license, but it varies depending on where you live. How quickly do you need to get to the States? Generally speaking, a K1 visa is faster for immigrating couples than a K3 visa because it requires only one application – rather than two with the K3.
How long is K3 visa valid for?
K3 Visa Validity. The K3 visa is valid for only 2 years. It can be renewed in 2 year increments, but will be revoked in case the US Department of State rejects Form I-130, the application for Lawful Permanent Residence, or if the couple gets divorced. ... How Long is the K3 Visa Processing Time?
How long does K3 visa take 2022?
Warning! K-3 visa processing, on average, takes about 19 months. This is just about as long as it takes USCIS to approve the marriage green card application.
How can I get K3 visa?
The application process for the K3 visa has these two steps: The US citizen spouse must file Form I-130 and then Form I-129F and have them approved by USCIS. The spouse from a foreign country must apply for a K3 visa at a US Embassy in the country of residence.
How long can you stay on a K3 visa?
You may also obtain employment authorization if you file a Form I-765 Application for Employment Authorization. The K-3 visa is valid for two years. The visa holder may travel and reenter the U.S. multiple times.
Which is better K3 or CR1?
The K3 visa holder can only apply for a work permit after entering the US. On the other hand, a CR1 visa is an immigrant visa. CR1 visa applicants need to wait in their home countries for the application for US legal permanent residence to be processed.
How long does it take to get K3 visa approved?
In 2019, U.S. Citizenship and Immigration Services (USCIS) issued only five K-3 visas. Since the K-3 visa processing time usually takes six to nine months, it will take you just as long to get your K-3 visa as it would to get your marriage green card.
How long does it take to bring spouse to USA 2022?
Average time -- Five to 14.5 months (as of early 2022) for approval of the Form I-130, and additional time depending on individual circumstances. Summary of the Process -- The U.S. citizen starts the process by filing a Form I-130 with USCIS, either online or by mail.
Which is faster K1 or K3 visa?
Finally, because K3 Marriage visa applicants are married before they enter the United States and they file their immigration petition prior to or at the same time as the K3 visa petition, they typically obtain permanent residence status (green card status) a few months faster than K-1 fiancé applicants.
How much does a K 3 visa cost?
Currently, the processing fee for the K3 visa is $265. The embassy or consulate where the foreign spouse resides will then schedule an interview with the applicant. It is usually scheduled 4-6 weeks after notification is given to the applicant.
Can you expedite a K3 visa?
Many people ask us if there is a way to expedite their K1 fiancé visa or K3 spousal visa. Unfortunately, unless the American fiancé is in the U.S. military, it is not possible to expedite the process once the petition is mailed to U.S. Citizenship and Immigration Services (USCIS).
What is the easiest way to bring my fiancé to USA?
If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a nonimmigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) petition is required.
Which visa is faster fiancé or spouse?
If the goal is for the couple to be together in the U.S. as soon as possible, the K-1 visa is most likely the fast path. From the date of filing to the date of admission to the U.S., it will take approximately 5-10 months on a K-1 fiancé visa. On the other hand, the marriage visa may take 10-16 months.
What percentage of fiancé visas are approved?
In 2015, during the Obama Administration, the USCIS approved about 99 percent of all fiancé(e) visa petitions. By late 2018 this figure had fallen to around 67 percent. The lower the fiancé(e) visa approval rate descends, the more attractive a marriage-based green card application is going to look.
How much does K3 visa cost?
Currently, the processing fee for the K3 visa is $265. The embassy or consulate where the foreign spouse resides will then schedule an interview with the applicant. It is usually scheduled 4-6 weeks after notification is given to the applicant.
What documents are needed for K3 visa?
Required DocumentationCompleted Form DS-160, Online Nonimmigrant Visa Application. ... A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions).More items...
Is K1 or K3 visa faster?
K1 Fiance Visas are generally preferred (over the Marriage Visa and K3 Marriage Visa) as the visa of choice for engaged international couples as they are considered the easiest, quickest, and least expensive route.
Can I stay in the US while waiting for I-130?
If your family member or employer has merely started the process off for you, by filing what's known as a petition (typically on USCIS Form I-130 or I-140), that's not enough. A pending or approved petition from a U.S. sponsor gives you no rights to come to or remain in the United States.
How much does it cost to file an I-130?
and files the Adjustment of Status (AOS) to receive the green card, they then need to concurrently file the I-130 and pay the $420 filing fee along with the AOS fees. So the I-130 filing fee must eventually be paid in both cases.
Is the K3 visa still available?
Is the K-3 Spousal Visa Still Available? In theory, yes, but in practice, not really. The K3 has been obsolete for several years, and if you submit a K3 nonimmigrant visa petition it will likely be changed to the CR1/IR1 Immigrant visa. The K-3 visa was created in 2000 to address a huge backlog of immigrant visa petitions for spouses.
Can a K-3 be converted to a CR1?
While the K-3 has not been officially eliminated as some have reported, a K-3 petition filed now will almost certainly be converted to a CR1 or IR1 and the I-129F petition will be dropped. Using a K-3, a child can be included and receive a K-4 visa without filing the I-130 and paying the associated $420 filing fee.
How long can a K-3 visa be extended?
USCIS grants extensions of stay for K-3 and K-4 visa holders in 2-year increments.
How long can you stay in the US on a K-3 visa?
If you are granted a K-3 visa, the Department of Homeland Security (DHS) will admit you for a 2-year period. You generally cannot change your status in the U.S. to another nonimmigrant visa category.
How to get a K-3 visa for spouse?
To obtain a K-3 visa for your spouse, you (the U.S. citizen) must first file two petitions with USCIS: Form I-130, Petition for Alien Relative: Submit Form I-130 to the correct USCIS address. To find the correct address, go to the “Where to File” section on the Form I-130 page. You will then receive a Form I-797, Notice of Action, ...
How long do I have to file an extension of stay for a K-3 visa?
If you have either a K-3 or K-4 visa, you may submit a Form I-539, Application to Extend/Change Nonimmigrant Status to USCIS in the 120 days before your authorized stay expires. To be eligible for an extension of stay, you must show either:
How long is a green card valid for?
This means that the Green Card you and your children receive will be valid for two years. In order to remove the conditions on residence, you (and your children) and your U.S. citizen spouse must file a Form I‑751, Petition to Remove Conditions of Residence in the 90 days before your Green Card expires.
Can I get a green card if I have a K-3 visa?
If you have a K-3 visa, you may only apply for a Green Card based on your marriage to the U.S. citizen spouse who petitioned for your K-3 status.
Can I travel with a K-3 visa?
K-3 and K-4 visa holders may travel temporarily outside of the U.S. When you return from your temporary foreign travel, you may use your K-3 or K-4 visa to apply for admission to the United States. You do not need an advance parole document unless your K-3 or K-4 visa will be expired when you return to the United States and you have a pending Form I-485. In this case, the advance parole must be approved before you leave the United States.
What is the K-3 visa?
The K-3 nonimmigrant visa is for foreign spouses of U.S. citizens. This visa category helps spouses unite with their partners in the United States sooner because it allows foreign citizens to enter while waiting for their immigrant visa petition's approval. K-3 visa recipients can adjust their status to become permanent residents or green cardholders.
Do children of a K-3 visa holder also get status?
Yes, your unmarried children under 21 can receive K-4 visas based on your Form I-129F. However, you must include your children as dependents on your petition. You will also have to submit separate visa applications and K-4 visa fees for each child.
Who can get a K-3 visa?
The K-3 visa is designed for couples who were legally married outside of the United States, and is available to spouses who meet the following eligibility requirements:
How long does it take to get a K-3 visa?
K-3 visa processing, on average, takes about 6–9 months. This is just about as long as it takes USCIS to approve the marriage green card application. Because of this lengthy processing time, most people find that it’s not worth it to apply for a K-3 visa. Unless the processing times change, the K-3 visa should probably be avoided, as it involves an unnecessary step and additional expense (including an extra $265 filing fee). USCIS only issued a total of five K-3 visas in 2019, illustrating how rare it is for couples to choose this option.
What is an I-94 arrival/departure record?
I-94 arrival/departure record, if the applicant spouse has ever received one from U.S. Customs and Border Protection (CBP).
What age do you have to be to get a K-4 visa?
If the applicant has biological or adopted children who will also travel to the United States (on a K-4 visa), the children must be unmarried and under the age of 21.
Can I get married with an I-130?
If a couple is already married with a pending Form I-130, they are almost always better off going directly through the green card process through “ consular processing ,” which will end up taking about the same amount of time as the K-3 visa process.
Can a spouse get a K-3 visa?
Although the K-3 visa is available to spouses of U.S. citizens living abroad , it is usually not the best option and should generally be avoided. Because of the lengthy processing times, applying for a K-3 visa usually ends up being an unnecessary step with additional expense (including the extra $265 filing fee).
What is a K-3 Visa?
The K-3 visa is a temporary (non-immigrant) visa for the foreign-citizen spouse of a U.S. citizen. A U.S. citizen may request the use of the K-3 visa process to shorten the physical separation with his or her foreign-citizen spouse.
How long is a K-3 visa valid?
You may also obtain employment authorization if you file a Form I-765 Application for Employment Authorization. The K-3 visa is valid for two years.
Can a K-3 visa be used for a K-4 visa?
Both K-3 and the K-4 visa recipients may stay in the United States while immigrant visa petitions are pending approval by U.S. Citizenship and Immigration Services (USCIS). In fact, the K-3 visa for spouses is similar to the K-1 visa for fiancés. That’s why the two use the same petition.
Can couples get a K-3 visa?
The K-3 visa process may sound like a great solution for your situation. Unfortunately, most couples are unlikely to obtain a K-3 visa. Consider the statistics. In fiscal year 2018, the U.S. Department of State issued only 6 K-3 visas as compared to 108,958 immigrant (IR1/CR1) visas for the spouses of U.S. citizens.
Can I get a K-3 visa if I am approved?
If the I-130 is approved, there’s no reason to issue a K-3 visa, and the application can be administratively closed. You may apply for the K-3 visa, but you should also understand the likelihood of receiving one. It’s extraordinarily low.
Who is John on the K-3 visa?
Here’s a typical dilemma that may be solved through the K-3 visa process. John is a U.S. citizen working in China. During his employment, he meets a Chinese citizen named Mei, and the couple eventually marries in China. John’s employer asks him to repatriate to a U.S. location.
Does the NVC need a K-3 visa?
However, if the I-130 petition is approved first, NVC will administratively close the K-3 case. This is because the case is moot. There is no need for the K-3 visa once the immigrant visa is available. In these cases, the foreign spouse will be redirected to complete the immigrant visa process through consular processing.
What is a K-3 visa?
What is a K-3 Visa?#N#A K-3 Visa is issued to a non US Citizen who is married to a US Citizen. This is technically a non-immigrant multi-entry Visa with a validity of typically two years. During the two years that the K-3 visa is valid the holder may either file for Adjustment of Status (to become a Legal Permanent Resident of the US) or await their I-130 to be approved in which case they can return to their country to be issued an Immigrant Visa (upon entering the US on the immigrant visa they will become a Legal Permanent Resident). If the K-3 Visa Holder files for Adjustment of Status they may reside in the US while their Adjustment of Status application is processed. Children under 21 of a K-3 Visa holder may also be eligible to receive a K-4 Visa allowing them to enter the United States with their non US Citizen parent and ultimately as well apply for Adjustment of Status.#N#Who is Eligible to File?#N#U.S. citizens legally married to a foreign national may petition for a K-3 visa. Please see the Marriage Visa Comparison to see the difference between a K-3 and IR-1 / CR-1 Visa. A large percentage of applicants choose the IR-1 / CR-1 Visa over the K-3 Visa Option.#N#Forms Needed to File for a K-3 Visa:#N#1. I-130#N#2. G-1145 (optional)#N#3. I-129F#N#The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.#N#Assembling the I-130 Package: Checklist#N#Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here .):
What should be included in a K-3 visa letter?
Cover Letter. Should include a description of what your are petitioning for (K-3 Visa), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
Do you need a medical prior to a K-3/4 visa interview?
The K-3/4 beneficiary will be required by the embassy to have a "medical" done prior to the visa interview. Part of this interview will require that previous vaccinations are documented and potentially additional required vaccinations performed.
When is a visa available?
A visa is available to you when your priority date is earlier than the cut-off date shown for your preference category and country of chargeability in the applicable chart in the Visa Bulletin, as described above in the Acceptance of Adjustment of Status Applications section.
What is priority date for I-130?
For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow (er), or Special Immigrant, is properly filed with USCIS.
What does U visa mean?
If the Visa Bulletin shows “U” in a category, this means that immigrant visas are temporarily unavailable to all applicants in that particular preference category and/or country of chargeability.