The K-3 visa is a nonimmigrant visa designed for the spouse of a U.S. citizen who is waiting for his or her green card petition to be processed. This visa allows spouses to enter the United States while awaiting approval of their permanent residency application in order to more quickly join their spouse in the country.

Who Can Apply for the K-3 Visa?

1. Spouse of a U.S. Citizen:some text
   • The K-3 visa is available to spouses of U.S. citizens who have filed an I-130 immigrant petition for their spouse, but whose immigration proceedings are still pending.
2. Requirements for Spouse:some text
   • The applicant must be legally married to a U.S. citizen. In order to qualify, the application must be filed by the U.S. citizen for his or her spouse.
3. Pending Immigration Process:some text
   • The K-3 visa only applies when the U.S. citizen has initiated immigration proceedings for his or her spouse by filing an I-130 petition with USCIS (U.S. Citizenship and Immigration Services), but is still awaiting approval for permanent residency.

K-3 Visa Application Requirements

1. I-130 Petition:some text
   • The U.S. citizen must have filed an I-130 immigrant petition for his or her spouse before applying for the K-3 visa.
2. Petition I-129F:some text
   • Once the I-130 petition is filed, an I-129F petition must be filed with USCIS in order for the foreign spouse to receive the K-3 visa. This petition is filed to allow the spouse to enter the U.S. while awaiting approval for permanent residence.
3. Identity and Relationship Documents:some text
   • Documents proving the identity and genuine relationship of the marriage must be presented, such as marriage certificates, proof of the continuing relationship, and other documents requested by the consulate.
4. Medical Examination:some text
   • The applicant spouse must undergo a medical examination approved by the U.S. Department of State prior to the consular interview.
5. Consular Interview:some text
   • The applicant spouse must attend a consular interview at the appropriate U.S. embassy or consulate, where the submitted documentation and relationship will be verified.

K-3 Visa Application Process

1. Filing of the I-130 Petition:some text
   • The process begins when the U.S. citizen files the I-130 petition for his or her spouse with USCIS. This petition is a critical step in initiating the immigration process for the spouse.
2. Filing of Petition I-129F:some text
   • After the I-130 has been filed, the I-129F petition must be sent to USCIS in order for the spouse to apply for the K-3 visa. This form must include details about the marriage and the visa application.
3. Approval and Consular approval:some text
   • Once the USCIS approves the I-129F, the petition will be sent to the appropriate U.S. embassy or consulate. There the K-3 visa will be processed.
4. Consular Interview:some text
   • The spouse must attend a consular interview at the U.S. consulate, where documents will be reviewed and everything will be verified to be in order.
5. Obtaining the K-3 Visa:some text
   • If the visa is approved, the spouse will be able to enter the U.S. on the K-3 visa while awaiting the completion of his or her Green Card process.

K-3 Visa Processing Times

• I-130 Petition Processing Time:some text
  • The processing time for the I-130 petition varies, but generally takes between 6 to 12 months, depending on USCIS.
• I-129F Petition Processing Time:some text
  • The processing time for the I-129F petition can also take between 6 to 9 months. This time depends on the volume of petitions and the workload of the immigration authorities.
• Total K-3 Visa Time:some text
  • In general, the entire K-3 visa process, from filing applications to obtaining the visa, can take anywhere from 12 to 18 months, depending on petition processing times and consular appointment availability.

Duration of the K-3 Visa

• K-3 Visa (Spouse):some text
  • The K-3 visa is valid for 2 years. During this time, the spouse must complete the adjustment of status process to obtain permanent residency (Green Card) in the US.

Important Considerations

• Status Adjustment Process:some text
  • After entering the U.S. on a K-3 visa, the spouse must file an application for adjustment of status to obtain permanent residency (Green Card).
• K-3 Visa Restrictions:some text
  • The K-3 visa does not allow the spouse to work in the U.S. until the adjustment of status process has been completed and a work permit (EAD) has been obtained.
• Real and Genuine Marriage:some text
  • It is essential that the marriage be legitimate and genuine, as any attempt at fraud or sham marriage may result in denial of the K-3 visa and deportation.

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How to hire our services for your visa application?

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Before starting the process, we recommend that you schedule a 1-hour immigration consultation with our expert U.S. immigration attorney. During this session, you will resolve your doubts and receive personalized advice about your case.

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 Exclusive benefit: The cost of the consultation will be applied as an advance to the fees of the application process for this type of visa.

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 Schedule your appointment here: https://www.immilandcanada.com/law/estados-unidos

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If you prefer to know more details about this service and its costs, please visit the following link:

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https://www.immilandcanada.com/law/contratacion-servicios-usa