What is a K-3 visa and when would I apply for one?

 

If you recently submitted Form I-130, Petition for Alien Relative to bring your spouse over to the U.S. to live with you, you may find that the process to have your application approved could take several weeks or even months depending on how delayed U.S. Citizenship and Immigration Services (USCIS) is with processing visa applications. Now, because it is understandable that being separated from your spouse, whether you have been married for two days or two years can be difficult, there is another type of visa you can apply for in the meantime that won’t require your spouse to wait to enter into the U.S. during the time that your application is being processed.

Rather than having your spouse wait abroad and away from you, you could file Form I-129F, Petition for Alien Fiancé. According to USCIS, “this is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on Form I-130.”

  

What are the eligibility requirements to apply for a K-3 visa?

 

In order to apply for a K-3 visa, you must be a U.S. citizen and your foreign spouse must be:

  • Married to you; and
  • Is the beneficiary listed on Form I-130, Petition for Alien Relative that you filed for him or her; and
  • Wishes to enter the United States to await USCIS’ decision on the Form I-130.

 

You should also be aware that if your spouse wants to bring children into the U.S. with them, they too may qualify to come and stay with you while their visa application is being processed. However, instead of the children being issued a K-3 visa, they would actually be issued a K-4 visa given Form I-129F is approved. Now, in order for a child of your foreign spouse to be eligible to receive a K-4 visa, he/she must meet all of the following criteria:

  • Under the age of 21.
  • Unmarried
  • The child of the K-3 visa applicant you filed for.

 

Under what circumstances will USCIS terminate a K-3 visa?

 

If your spouse was issued a K-3 visa as your Form I-130 was still pending approval, under certain circumstances might you find their K-3 visa to be terminated. These include:

  • USCIS denies or revokes Form I-130 that was filed on their behalf.
  • USCIS denies your Form I-485, Application to Register Permanent Residence or Adjust Status.
  • The Department of State chooses to deny your immigrant visa application based on the information provided on Form I-130.
  • Your marriage to the foreign individual ends through divorce or annulment before they become a lawful permanent resident.

 

What should I do if my spouse’s K-3 visa was terminated?

 

If your spouse was granted permission to come and live with you while you waited for their IR1 or CR1 visa to be approved and you have been informed that USCIS denied your Form I-130 application, you will want to contact one of our K-3 visa lawyers. Not only will they help you determine why your application for a spousal visa was denied, but help get your spouse’s K-3 visa reinstated. This can buy you two some time together while they work on getting your application approved the next time around.

USAttorneys.com works with some of the top K-3 visa and immigration attorneys in the U.S. who are prepared to help you if your visa application was recently denied by USCIS. So, if you are interested in being connected with an immigration attorney who can help you get your matter resolved, contact us today.