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Answers to your questions about the K-3 Visa

United States immigration law allows spouses of a United States citizens and their minor children to be admitted to the United States as nonimmigrants while they are waiting for the processing for permanent residency to be completed. The K-3 Nonimmigrant Visa also allows them to obtain employment authorization while they are waiting.

Who is eleigible for a K-3 Nonimmigrant Visa?

  • You must be married to a U.S. citizen
  • You must have a U.S. citizen spouse file Form I-130, Petition for Alien Relative

What about children of a K-3 Nonimmigrant Visa applicant?

He or she must be:

  • unmarried
  • under 21
  • the son or daughter of a qualified K-3 nonimmigrant visa applicant

When can I apply for permanent residency?

Once a spouse is admitted to the United States, he/she can apply to adjust their status to a permanent resident at any time. K-4 nonimmigrants, upon admission to the United States, may file an application for adjustment of status along with or at any time after a Form I-130 has been filed by the U.S. citizen petitioner.

Am I allowed to get a job with a K-3 Visa?

Upon admission to the United States, K-3 and K-4 Nonimmigrant Visa holders may obtain employment authorization. By filing Form I-765, the Application for Employment Authorization, they can obtain evidence of eligibility to work legally in the United States. Upon filing an application for adjustment of status, K-3 and K-4 Nonimmigrant Visa holders may also apply for employment authorization based on that pending application even if the K-3 or K-4 nonimmigrant status expires.

How long am I allowed to stay with a K-3 Visa?

The Department of Homeland Security only admits K-3 or K-4 nonimmigrant visas holders for a 2-year period. K-3 or K-4 Nonimmigrant Visa holders may apply to USCIS for an extension of status in 2-year increments as long as the marriage-based I-130 visa petition or a corresponding application for adjustment of status or visa application is still pending adjudication.

Seeking to be admitted to the United States on a K-3 Visa (Nonimmigrant Visa) can generally shorten the waiting time for a non-citizen spouse to enter the United States.

If you have any other questions, please feel free to contact us through our online consultation form, or phone us directly at 312-588-0466.

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