SPOUSE VISA (K3)

The K3 visa enables alien spouses of U. S. citizens (USCs) to enter the U.S. while they wait to apply for lawful permanent residence status. It is a multiple entry non-immigrant (temporary) visa.

The unmarried minor children (i.e those under the age of 21 years at the time they enter the US) of a K3 beneficiary derive "K4" non-immigrant visa status from the K3 parent if they are named in the K3 visa petition.

After their arrival in the US, the spouse and children can obtain conditional permanent residence by filing for adjustment of status. The alien K3 spouse and the K4 children will be able to work upon entry after getting an Employment Authorization Document ("EAD"). Application for an EAD can be made immediately after arrival or at the time of applying for adjustment of status. After getting the EAD the K3 spouse and the K4 children can apply to get a social security number. K3 and K4 visa holders can travel outside the US and return to the US on their valid K3 / K4 visas. Advance parole is not required.

Eligibility:

To qualify for a K3 visa, the following eligibility criteria must be met :

• The petitioner must be a U.S. citizen.
• The petitioner and the alien beneficiary must be legally married to each other.
• The USC spouse must file a family-based I-130 immigration petition for the alien spouse.
• Immediately thereafter the USC must file a I-129F application for K3 visa.
  
• The alien spouse must seek to enter the US to await approval of the I-130 petition and the subsequent grant of lawful permanent resident status.

How can we help :

• Provide an estimate of costs involved (i.e. filing fees, attorney fees & costs);
• Provide  a checklist of documents required for applying for the K3 visa;
• Prepare the petition (i.e. application) for K3 visa along with all necessary attachments & supplements;
• Submit the application to USCIS & co-ordinate until initial decision in the case is made;
• Advise you on an on-going basis of the progress of your case;
• Intimate you on receipt of approval of your petition;
• Assist in preparing documents required by the consulate in the spouse’s home country;
• Advise on preparing for the consulate interview;
• Advise on steps to be taken after arrival of the spouse in the US;
• Provide you a copy of all papers filed.