How Do I Become a K-Nonimmigrant as the Spouse of a U.S. Citizen?
By Maury Beaulier
Hellmuth & Johnson, PLLC
Submitted June, 2005
Contents
Notice: Immigration laws and regulations can change very quickly, and you should not rely upon this article to reflect the latest changes in the law. Obtaining a non-immigrant visa can be complicated, and visa applications may be denied. While many individuals successfully navigate the application process on their own, it is often beneficial to utilize a qualified immigration attorney.
What is the K-3 / K-4 Visa?
The K-3 visa category is available to spouses of U.S. citizens waiting
abroad to come to the U.S. to join their U.S. citizen spouse while a
spousal petition is pending. Before the creation of the K-3 visa category,
spouses of U.S. citizens had to wait abroad until the I-130 spousal
petition (filed in the U.S.) was approved by the INS and then forwarded
to the U.S. consulate for consular processing. The time between the
initial filing of the I-130 and the visa interview could often take
over a year.
With the K-3 visa, the foreign spouse is issued a visa to enter the
U.S. while awaiting approval of the I-130 petition without having to
remain abroad while the I-130 is being processed.
Who is Eligible?
A person may receive a K-3 visa if that person:
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has a valid marriage with a citizen of the United States;
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has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;
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seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status; and,
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has an approved Form I-129, Petition for Alien Fiancé, forwarded to the American consulate abroad where the alien wishes to apply for the K-3 / K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.
A person may receive a K-4 visa, if that person is under 21 years of age and is the unmarried child of an alien eligible tobe a K-3.
Work Permit.
Once in the U.S. in K-3 or K-4 status, you are eligible to apply for a work permit while the cases are pending. Keep in mind that you do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently.
Travel Outside the United States.
If you are in K-3 or K-4 status, you may travel using your unexpiredK-3 / K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.
When done correctly, the K-3 / K-4 visa category can significantly reduce the time that spouses are separated while waiting for immigration status. The K-3 / K-4 visa category is a relatively new visa category; therefore, you may wish to consult with an Immigration Attorney with experience with the K-3 / K-4 visa for assistance with your case.
Copyright © 2005 Maury Beaulier.All rights reserved. No portion of this article may be reproduced without the express written permission of the copyright holder. If you believe you may lawfully use a quotation, excerpt or paraphrase of this article under the Fair Use exception to copyright law, except as otherwise authorized by the author of the article, you must cite this article as a source for your work and include a link back to the original article from any online materials that incorporate or are derived from the content of this article.