K-3 MARRIAGE VISA
(SPOUSE MARRIED ABROAD)
INFORMATION AND ANSWERS TO FREQUENTLY ASKED QUESTIONS
When a U.S. Citizen marries a foreign national outside of the United States, the Citizen may apply for a Nonimmigrant visa for spouse (K-3) so that their spouse may join them in the United States and subsequently apply for legal permanent residence. The children of the foreign born spouse, are also eligible to come to the United States under the (K-4) category. Remember that in immigration law children must be unmarried and under 21 years of age.
It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:
What Is a K-3 Visa?
Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.
What Is a "Spouse"?
A spouse is a legally wedded husband or wife. Cohabiting partners (people living together) do not qualify as spouses for immigration purposes. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy only the first spouse qualifies as a spouse for immigration. The USCIS does not recognize same sex marriages for purposes of immigration.
U.S. law does not allow polygamy. If you were married before, you and your spouse must show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you may file only for the first spouse.
Can a K-3 Visa Holder Work in the United States?
As a K-3 visa holder, you can file form I-765, Application for Employment Authorization with the USCIS that serves the area where you live for an employment authorization document (work permit).
How Long Does It Take?
The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicants do not follow instructions carefully or supply incomplete information. (It is important to give us correct postal addresses and telephone numbers.) In addition, the embassy or consulate may need to get security clearances for the applicant. Security clearances take time.
What If the Applicant Is Ineligible for a Visa?
Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:
- Drug trafficking
- Having HIV/AIDS
- Overstaying a previous visa
- Practicing polygamy
- Advocating the overthrow of the government
- Submitting fraudulent documents
How do I qualify for a child of a spouse (K-4) nonimmigrant visa status?
To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant.
How does a K-4 child adjust status in the United States?
The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.
Can those with K-3 and K-4 visas change to another non-immigrant visa category in the United States?
K-3/K-4 visa holders cannot change status in the United States to another non-immigrant visa category.
Can I travel and re-enter the U.S. on my K-3 or K-4 visa?
Foreign born nationals present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S. , USCIS will not presume that the departure constitutes abandonment of an adjustment application.
IF YOU WISH TO OBTAIN INFORMATION ABOUT OBTAINING A VISA, PLEASE CONTACT US AND FILL OUT OUR ONLINE INFORMATION REQUEST FORM OR CALL US TO ARRANGE A FREE INITIAL CONSULTATION WITH AN EXPERIENCED, LICENSED IMMIGRATION ATTORNEY.
BLUMENTHAL & BLUMENTHAL
ATTORNEYS AT LAW
TOLL FREE: 1 (866) 459-2711
IN THE ST. LOUIS, MO AREA: 314-783-4024
FAX: 314-783-4682
E-MAIL: lmblumenthal@blumenthalfirm.com