The K 3 visa can let the spouses of abroad come to the U.S. So they can get their U.S. citizen spouse while waiting for a spousal petition. When the k 3 visa was not created, the spouses had no chance to come back to the U.S. They have to stay abroad until the I-130 spousal petition was approved by the INS. And then they can forward to the U.S. consulate. It would cost them about one year to process.

From then on, the k-3 visa was created. So the spouses of foreign can stay in the U.S. while they are waiting for the approval of the I-130 petition. When the I-130 is being processed, the spouses don't have to remain abroad.

Who can get the k-3 visa?

As follow you can get the answer who can:

if you must a U.S citizen and marry a foreign;

the United citizen spouse has a relative petition filed for the person;

try to enter the U.S and wait the approval of the petition and subsequent lawful permanent resident status. And,

has an approved Form I-129, Petition for Alien fiancee, 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. The alien spouse can apply for her/his k-3 visa at jurisdiction over the current residence, if the marriage took place in the United States.

If the alien spouse who gets a k 3 visa has a child who is under 21 years old and has not gotten married, the spouse's child can get a k-4 visa.

Work Permit

Once you are in the processing of applying for a k-3 or k-4 visa, you are allowed to apply for a work permit. If you receive the k-3 visa and adjust to permanent resident status, you don't need to apply for the work permit. You should receive a permanent resident card if you are the permanent resident. The card will prove that you have a right to live in the U.S permanently.

Go abroad and leave the United States

If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.

As you know that there is a long time to receive your spouse's k3 visa. If you done correctly with the k3/k4 visa application, you can spend much less time to get together with your spouse who are waiting for immigration status. Because the k3/k4 visa is a new visa category, you should get assistance from an attorney with experience with the k3/k4 visa.


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