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.
