What is the process for husbands and wives of U.S. Citizens to get their K-3 visa?
Shortly after the U.S. citizen spouse files Form I-130, Petition for Alien Relative, USCIS will issue a receipt notice. Once the receipt notice is received, the K-3 visa petition (Form I-129F – the same form as is used with a K-1 visa petition) may be submitted to USCIS on behalf of the foreign spouse by their U.S. citizen husband or wife.
The primary reason the K-3 visa process usually moves significantly sooner than Alien Spouse Immigrant Visa processing is that whereas in Alien Spouse Immigrant Visa processing, the approved Form I-130, Petition for Alien Relative must first go through the National Visa Center, an approved K-3 Petition (Form I-129F) goes directly from USCIS to the U.S. embassy or consulate abroad. Embassies and consulates also sometimes schedule interviews for K-3 visa applicants sooner than Alien Spouse Immigrant Visa interviews.
What is the process for husbands and wives of U.S. Citizens who entered on a K-3 visa to get their green card?
Once in the United States, the K-3 spouse and any accompanying K-4 children must file a Form I-485 (Application for Adjustment of Status) to complete their immigration to the U.S. More information about the Marriage and Family Adjustment of Status Application is available in our Family Immigration section.
Individuals entering with K-3 and K-4 visas will become permanent residents in the U.S. and receive their “Green Card” when both the Form I-130 petition and their Form I-485 application have been approved.
Can children come with their parent beneficiary of the K-3 visa petition?
The foreign spouse's minor unmarried children (under 21 years of age) may also be accompany or follow their parents on a K-4 visa.
For more information on K-3 visa FAQs, call one of our law offices or contact us, at Surowitz Immigration, PC, today.