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what is k3 visa

by Elnora Labadie Published 2 years ago Updated 2 years ago
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What is a K-3 Visa? The K-3 visa allows the spouse of a U.S. citizen to enter the United States with temporary legal status while waiting to obtain permanent residence (a “green card”). Practically speaking, however, the K-3 visa is almost always unnecessary compared with better alternatives.

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?

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Who qualifies for K3 visa?

The K3 visa allows the spouse from a foreign country to move to the US and reside there while they wait for the immigrant visa petition to be approved. This applies for married couples when one spouse is a US citizen and the other is from a foreign country.

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.

How much does K3 visa cost?

The USCIS government filing fee is $535 for the immediate relative petition. There is no USCIS filing fee for the K-3 spouse visa petition. After USCIS approval of the immediate relative petition, you will have to pay a $325 application fee and a $120 affidavit of support fee to the National Visa Center.

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 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 hard is it to get a K3 visa?

Obtaining a K3 visa is a time-consuming exercise. The waiting period for the approval of Forms I-130 and I-129F contributes to the delay. Then there is the submission of Form DS-160 and scheduling the interview, which takes another couple of months. On average, the entire process usually takes around 6-9 months.

Which is better K1 or K3 visa?

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.

Is a K3 visa worth it?

However, for most applicants, the K-3 visa isn't worth it. 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.

What is the fastest way to bring my spouse to USA?

Historically, family reunification has been the easiest and fastest way of bringing your loved ones to the United States.

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 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.

How much income do I need to sponsor my spouse?

The most common minimum annual income required to sponsor a spouse or family member for a green card is $22,887. This assumes that the sponsor — the U.S. citizen or current green card holder — is not in active military duty and is sponsoring only one relative.

Which is better K1 or K3 visa?

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.

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.

What is the difference between a K1 and K3 visa?

What are the Differences Between the K1 Visa and the K3 Visa? The main difference between a finance (K1) visa and a spouse (K3) visa is that a fiance visa is issued to a foreign citizen who is not yet married to a US national, while the spouse visa is for legally married couples (a US citizen plus a foreign citizen).

Can you travel on a K3 visa?

Step 3: Apply for a green card once in the United States Once USCIS approves your K-3 visa, you can travel to the United States! You already have a pending Form I-130 to become a lawful permanent resident, so you can apply for your green card at any time.

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 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).

How to get a K3 visa?

To fulfill the requirements for the K3 visa, the US citizen must first have filed the Form I-130 to USCIS for their spouse. If after getting the K3 visa, the spouse from a foreign country wants to change status to a CR-1 or IR-1 visa, they can use the same petition for them and there will be no need for a new one. When the form is filed, the US citizen spouse will get Form I-797, Notice of Action from USCIS, which they can use as proof that the Form I-130 is in processing.

What are the K3 visa fees?

The K3 visa fees that your US citizen spouse and you will incur are as follows:

What are the Eligibility Criteria for the K3 Visa?

There are a few criteria for the spouse from a foreign country to qualify for the K3 visa. The K3 visa applicant must fulfill them, as follows:

How Long is the K3 Visa Processing Time?

On average USCIS takes 3-5 months to process and the US Embassy in your home country may take 2-3 months. Additionally, the US Embassies in different countries have different working times, which then might speed up or delay the processing of your K3 visa.

How to become a Lawful Permanent Resident after getting a K3 visa?

The next step after you have gotten your K3 visa is to become a Lawful Permanent Resident (LPR) of the US by getting a Marriage Green Card. To change your status from your immigrant visa to an LPR, you must first have an approved petition from USCIS and the visa, as well as live in the US.

How long is a K3 visa valid?

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.

Where do I file a K3 visa?

The spouse from a foreign country must apply for a K3 visa at a US Embassy in the country of residence.

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 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 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.

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.

Do I need to file a separate form for my spouse's K-4 visa?

To obtain a K-4 visa for your spouse’s children, you do not need to file a separate Form I-129F or Form I-130. You must list your spouse’s children on the Form I-129F you filed for your spouse.

What is a K-3 visa?

The K-3 spouse visa is a nonimmigrant visa which allows the spouses of U.S. citizens to enter into the U.S. and await the availability of an immigrant visa.

How long does it take to get a K-3 visa?

The K-3 visa processing time varies with each individual’s circumstances. Under normal circumstances, it takes around 3 to 5 months at the USCIS plus 2 to 3 months at the Consulates to process the K-3 visa.

Can a child travel on a K-4 visa?

Yes, your child may accompany you to the U.S. on K-4 visa provided your child is:

Can I apply for employment authorization on the I-765?

Yes, you may apply for Employment Authorization using the USCIS Form I-765 Application for Employment Authorization.

What is a K3 visa?

The K3 visa is intended for the spouse of a U.S. citizen who is legally married in a foreign country. It is available to those individuals who meet the following eligibility criteria. The applicant must be legally married to a U.S. citizen. The applicant must reside in a foreign country and hold a valid foreign passport.

How to Apply for a K3 Visa?

Want to file a K3 visa application for your foreign spouse, but not sure what the procedure is? Don’t worry, we have compiled a step-by-step guide on the K3 visa application process. All you need to do is follow the steps outlined below.

How to file an I-130?

Form I-130 refers to the Petition for Alien Relative. It has to be duly filled in and submitted to the USCIS Service Center along with the following set of documentation: 1 Evidence of U.S. citizenship (copy of U.S. birth certificate, U.S. passport, Certificate of Naturalization, or Certificate of Citizenship). 2 Biographic Data Sheet, Form G-325A, one each for the U.S. citizen and the foreign spouse. 3 Passport copy of the foreign spouse. 4 Foreign spouse birth certificate. 5 Marriage certificate and relevant documents confirming the relationship. 6 Colored passport size photograph of both the spouses. 7 Copy of any divorce decree, death certificate, or marriage annulment if either the U.S. citizen or the foreign spouse have been previously married.

How much does it cost to get a K3 visa?

You can pay the visa processing fee online or decide to pay later during the interview. 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.

Where is the I-130 pending?

Form I-130 must be currently pending with the USCIS and the applicant must have the receipt notice. Petition for Alien Fiancé, Form I-129F in approved status, has been forwarded to the U.S. consulate abroad where the spouse of the U.S. citizen wishes to apply for the K3 visa.

How long does it take to get a K3 visa?

Then there is the submission of Form DS-160 and scheduling the interview, which takes another couple of months. On average, the entire process usually takes around 6-9 months.

How to fill out DS-160 form?

First, create a user account on the official website of the U.S. Department of State. Then, download form DS-160, fill it out and submit it electronically. When you submit the filled in DS-160 form, the web portal generates a confirmation page with a barcode that you need to retain for future use.

K3 Visa Eligibility

The K3 visa is designed for couples who were married outside the United States, and is available to foreign spouses who are a) legally married, b)who’s U.S. citizen spouse currently resides in the United States, and who also meets certain income requirements.

K3 Visa Processing

K3 visa processing is a three-phase process that takes, on average, about 6–9 months. Read about each phase below:

Phase One: Form I-130

The first phase begins when the U.S. citizen spouse files the Form I-130 (Immigrant Petition for Alien Relative) which services as a family-based immigration request to begin the K3 process. The Form I-130 costs $535 and requires specific eligibility requirements, mainly to provide evidence that proves the authenticity of the relationship.

Phase Two: Form I-129F

After the Form I-130 is processed, the U.S. citizen spouse will also have to file a Form I-129F (Petition for Alien Fiancé) to petition their foreign spouse’s right to become a permanent resident in the United States. Form I-129 costs $460 and requires several attached documents including the U.S.

Phase Three: Form DS-160 & Visa Interview

30 days after the USCIS approves the Form I-129F, the foreign national spouse will receive communication from their nearest U.S. embassy or consulate with regard to the day and time of their scheduled visa interview.

Work With A Professional Johnson & Masumi Immigration Lawyer

At Johnson & Masumi, we are proud to offer our clients comprehensive assistance with all of their visa application needs. Our experienced immigration lawyers will meet with you individually to discuss document requirement and filing guidelines, as well as answer all of your questions or concerns.

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