How does the K3 visa work?
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 it cost for a K3 visa?
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.
Does K3 visa still exist?
The nonimmigrant K-3 visa case will be administratively closed. The application process explained below will not be available to the foreign-citizen spouse and cannot be used. The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse, with instructions for processing the IR-1 (or CR-1) immigrant visa.
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.
Is it worth it to apply for K3 visa?
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.
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.
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 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.
Is k3 visa multiple entry?
After entry into the United States, K-3 visa holders are eligible to apply for employment authorization. In addition, the K-3 visa is a multi-entry visa. This means that K-3 visa holders may leave and re-enter the United States multiple times.
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.
Can I get married on a tourist visa to a U.S. citizen 2022?
The short answer to this complex question is yes, you can get married to someone who has entered the U.S. on a visitor visa. Generally, anyone from a foreign country enters the U.S. with a visa. The type of visa they are granted is based on the intent of their visit.
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.
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.
Can spouse stay in US while I-130 is processed?
Can My Spouse Come to the United States to Live While the Visa Petition Is Pending? If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending.
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.
What is a K-3 visa?
May 31, 2021. The K-3 visa is for the foreign spouse of a U.S. citizen. It was designed to shorten the physical separation between the foreign national and his or her U.S. citizen spouse. Specifically, it allows the foreign national to enter the United States to await approval of the immigrant visa petition.
What form do I need to file for a K-3 visa?
Before starting the K-3 visa process, the U.S. citizen spouse must file Form I-130 , Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). Form I-130 establishes a qualified relationship for the purposes of a family-based permanent residence application. Once USCIS accepts the I-130 petition for processing and replies with a receipt letter (Form I-797C, Notice of Action), the U.S. citizen may then file Form I-129F, Petition for Alien Fiancé, to start the K-3 visa process. Upon approval for Form I-129F, the case is moved to the U.S. embassy or consulate in the foreign national’s country of residence.
Can I get a K-3 visa after I-130?
That’s because USCIS will generally approve the Form I-130 as quickly as the K-3 status. For that reason, many people who start the K-3 process are never issued the K-3 visa. Instead, they interview soon after the I-130 approval and enter the United States with an immigrant visa.
Can a K-3 child apply for a K-4 visa?
Eligible children of K-3 beneficiaries receive K-4 visas. Eligible children include unmarried sons and daughters under the age of 21. Eligible children may apply for K-4 visas based on the parent’s Form I-129F, Petition for Alien Fiancé. But the children must be on the petition. Separate visa applications must be submitted for each K-4 visa applicant, and each applicant must pay the K visa application fee.
What is a K-3 visa?
The K-3 Visa is a nonimmigrant visa that allows the foreign-citizen spouse of a U.S. citizen to visit the United States with temporary legal status while waiting to get permanent residence (better known as “green card”). This visa category was created to shorten the physical separation between the foreign spouse and the U.S. citizen so that the foreign spouse can have temporary legal status.
Who is eligible for the K-3 Visa?
The K-3 Visa for Spouse (Nonimmigrant Visa) was created for couples who were legally married outside the U.S, and as long as the foreign-citizen spouse meets these criteria:
How long does it take to get a K-3 visa?
While submitting the Form DS-160 and scheduling an interview, you could easily wait about 6 to 9 months.
How much does it cost to get a K-3 visa?
The processing fee for the K-3 Visa is USD265, which can be paid online or during the Interview. Keep in mind that this fee is based only on the processing fee. It does not include other prices like plane tickets, arranging documents, paying a lawyer (if necessary), etc.
Do you have to print confirmation page for DS-160?
Do not forget to print the confirmation page once you submit Form DS-160.
Do you have to take original documents to the visa interview?
Always take your original documents to the visa interview.
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 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.
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.
