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.

You may be eligible to extend your stay if:

• You were lawfully admitted into the United States with a nonimmigrant visa
• Your nonimmigrant visa status remains valid
• You have not committed any crimes that make you ineligible for a visa
• You have not violated the conditions of your admission
• Your passport is valid and will remain valid for the duration of your stay

You may not apply to extend your stay if you were admitted to the United States in the following categories:

• Visa Waiver Program
• Crew member (D nonimmigrant visa)
• In transit through the United States (C nonimmigrant visa)
• In transit through the United States without a visa (TWOV)
• Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
• Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)

We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.

We have practiced solely in the area of United States immigration law since November, 1994. We enjoy digging our hands into the cases we take on. Sometimes our fight is as simple as contesting the Government’s charges. Sometimes it is to save our clients from oppressive regimes back home. At other times we have had to provide that last line of defense by presenting our clients’ cases zealously on appeal to the Board of Immigration Appeals or the 7th Circuit Court of Appeals.

The bottom line is that we take pride in our work and will take a personal interest in your case. We realize how important these matters are to you.