The K-3 Spouse Visa is appropriate for:
- Spouses of U.S. citizens living abroad, who wish to come to the U.S. in advance of the issuance of an immigrant visa.
- Spouses of U.S. citizens living abroad, who wish to come to the U.S. as a K-3 nonimmigrant spouse, prior to final adjudication of their I-130 spouse petition.
Last updated: Feb. 03, 2010
K-3 Spouse Visa - Frequently Asked Questions
The K-3 is a nonimmigrant visa for spouses of U.S. citizens. The K-3 can be used to enter and remain in the U.S. during processing of your immigrant spouse petition, rather than waiting in your home country.
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2. I'm married to a U.S. citizen, can I apply for a K-3 Visa to come to the U.S.?
Yes, the K-3 visa allows you to remain in the U.S. for the period in which your immigrant petition is pending.
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3. If I am eligible for the K-3 visa, is my child also eligible for a visa?
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Yes, if you are eligible for a K-3 visa, your unmarried child under the age of 21 is eligible for a K-4 visa as a "derivative" beneficiary. As with the K-3 visa, the K-4 allows the child to remain in the U.S. However, because the K-4 child "derives" her status from the K-3 parent, the K-4 visa is only valid so long as the parent is in K-3 status. This means that if the K-3 parent adjusts her status to immigrant, the child will be out of status and will begin to accrue unlawful presence in the U.S.
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For purposes of K-3 eligibility, "spouse" means a legally wedded wife or husband. Generally, partners who are living together and who are not married are not eligible. However, if you are "common-law" spouses, you may be eligible. In the case of common-law spouses eligibility will depend on the laws of the country where the common-law marriage occurs.
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Maybe. If you were previously married, you must show that all prior marriages were legally terminated before you married your current spouse. You will need to provide documents proving legal termination by death or divorce. If termination previous marriage(s) is due to divorce, the document must indicate that the divorce(s) are final. If there are two overlapping marriages, you may file only for the first spouse.
Once your K-3 spouse visa petition is approved it is valid for 4 months. This means that you have four months from the date of approval of the petition to finish the process and have your visa issued.
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7. What happens if my K-3 visa petition expires before I receive my visa?
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If your K-3 visa petition expires before you finish processing it, the petition can be revalidated by a consular official.
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8. How long will it take to process my K-3 spouse visa petition?
Because K-3 spouse visas are processed at your local consular post, processing times vary. However, missing information and errors on the application form could result in lengthy delays in the processing of your visa application.
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9. Will I be able to travel outside of the U.S. then re-enter on a K-3/K-4 visa?
Yes! The K-3 and K-4 visas allow you to travel outside of the U.S. and return afterward. By using this visa, persons who have filed for adjustment of status in the U.S. before departing from the U.S. will not be presumed to have abandoned their adjustment application.
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10. Will I be allowed to work in the U.S. if I enter on a K-3 spouse visa?
Yes, the K-3 spouse visa allows you to file for an employment authorization document, commonly referred to as "EAD". Once that authorization is granted by the government, you are authorized to work in the U.S.
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11. Must I have an approved I-130 before filing for a K-3 spouse visa?
No. With respect to the I-130, you only need proof that it was filed, not that it was approved.
Once your I-130 is received by the immigration service, they will send you a receipt (form I-797) which you must submit along with your K-3 spouse visa application.
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13. I have received notice that my I-130 has been approved, may I still apply for a K-3 visa?
No. Because the K-3 is non-immigrant spouse visa, you will not qualify for the K-3 once your I-130 is approved. You will have to proceed with consular processing of your immigrant visa at the nearest U.S. consulate or embassy.
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14. I have a some questions regarding my case, may I contact you?
Yes! Just click the 'Ask A Question' link below to have a PowerVisa attorney contact you regarding your K-3 spouse visa.
Last updated: Feb. 03, 2010
Eligibility Requirements for the K-3 Spouse Visa
You may qualify for K-3 Spouse Visa if you meet the following requirements:
- You are legally married to a U.S. citizen;
- All prior marriages have been legally terminated;
- Your U.S. Citizen spouse has filed a "Petition for Alien Relative" on your behalf; and
- You intend to enter the U.S. for the purpose of awaiting approval of your spouse petition and then intend to file for adjustment of status to lawful permanent residence.
Last updated: Feb. 03, 2010
Accurate and Persuasive Case Preparation
Submitting an immigration case is not simply a matter of filling out the correct government forms. At PowerVisa we don't simply prepare and file forms, we prepare and file your individual and unique case. Your case is unique and deserves to be presented to the government with all its strengths, not just as another set of forms. We prepare and file each client's case with the personal attention it deserves. We think outside the box and prepare each client's case as a comprehensive filing package, highlighting the unique strengths of each case. We guarantee the accuracy of our filings and guarantee that your case will never be rejected for improper or incomplete filing.
Making Your Case - Supporting Document Guidance
The strength of your case not only requires persuasive and accurate forms,it also requires presenting your supporting documents in the strongest light. We provide all PowerVisa Clients with a comprehensive Supporting Document Checklist, listing all required and supporting documents needed for filing your case. We provide individual guidance on how to identify and locate hard-to-find persuasive documents, and suggestions on selecting the strongest documents as evidence. We also provide clients with a secure online account for uploading and submitting required documents in digital format.
Department of State Forms Preparation
For our consular processing clients, we prepare and submit up-to-date versions of all required Department of State forms, in accordance with State-prescribed format and the highest professional standards.
Communications with the USCIS
As your attorney of record, we conduct all necessary phone, email and fax communications with the USCIS on your behalf.
Communications with State Department
For our consular processing clients, we conduct all necessary phone, email and fax communications with the National Visa Center, and the U.S. Consulate and Embassy abroad.
Visa Interview Guidance
For our consular processing clients, we provide detailed guidance on how to properly prepare for and conduct the visa interview at the U.S. Consulate abroad, including guidance on what to say, and what not to say, where to go, when to appear, etc. We also provide a list of sample interview questions that the examining consular officer is likely to ask during the visa interview.
Client Updates
We keep clients informed of their case status at all times. We promptly provide clients with courier service tracking numbers and USCIS receipt numbers, including links for monitoring delivery status and case progress online.
Attorney Communications
Our clients enjoy direct email and telephone access to their attorney, during regular office hours, throughout the duration of their case. Clients can expect all emails and phone calls to be returned promptly.
Expediting Your Case
We prepare and submit your case within a maximum of five business days from receiving all requested information and documentation from you. Once submitted, we make all reasonable efforts to see that your case is processed within the shortest time frame possible. If there is a way to speed the process up for you, we will get it done.
Approvability and Risk Assessment
We thoroughly review and evaluate the merits of each case to determine the client’s preliminary eligibility for the benefits sought. If we determine that a client’s case may have trouble being approved, we work with the client to determine an appropriate strategy for overcoming any red flags or issues of approvability prior to filing. If there is a high risk of denial, we will let the client know and proceed with filing only after informed consent.
CLIENT TESTIMONIALS
(published with permission)
“Our attorney was an extremely reliable person who fulfilled his commitments. In our working with him, we had great confidence in his abilities, he communicated well, made himself available to us, and is also a very friendly and pleasant person to deal with. He proved a very knowledgeable, skillful, and effective attorney. The online systems in place at Powervisa made it really easy to exchange information and view the status of our case. ”
- Rose Taylor, Vice President, Marpa Foundation, San Francisco, California, U.S.A.
“Working with PowerVisa has been a great and pleasant experience. Our attorney was not only knowledgeable but also working very hard and kind to us. Throughout the immigration visa application process I always know that we are in good and capable hands. ”
- James Yao, Director of Corporate Real Estate, Los Angeles, CA, U.S.A.
“I was at first hesitant about securing legal assistance via the internet, especially in regards to such a personal and important issue. I was quickly set at ease by the professionalism, genuine concern, accessibility, knowledge and overall productivity/performance of our PowerVisa attorney. I will continue to recommend PowerVisa to anyone and everyone I encounter with similar issues. Thanks!”
- Trenton Franklin, San Antonio, Texas
“Excellent! Our attorney was Theodore. He guided us through all the steps. He gave us advice and was always there for us. He exceeded our expectations, going above and beyond what was required.”
- Anonymous Client, Miami, Florida
“My PowerVisa attorney was very well prepared when helping me through my process. He was a very smart attentive lawyer.”
- Carlos Alvarado, Longmont, Colorado
“Our attorney was very professional, courteous and detail-oriented through the whole process. All of my queries were answered in a timely fashion and I was always made aware of any trap doors far in advance, which led to a successful conclusion of my visa request. I would highly recommend this service for anyone seeking immigration help.”
- Anonymous Client, U.S.A.
“Excellent! Great advice, good support, excellent organization. ”
- Anonymous Client, Colorado, U.S.A.
“PowerVisa was always available for me whenever I had questions. It was comforting to know that I could reach my attorney anytime of day. I even got a call returned on a weekend when my attorney was skiing! ”
- Logan Bennet, Avon, Colorado, U.S.A.
“Our PowerVisa attorney was very patient and informative. He answered all of our questions in a direct and simple manner. ”
- Sue Pico, Arkansas, U.S.A.
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