Foreign Spouses Citizens who want to come to the U.S and join their U.S citizen but the spousal petition is pending. The k3 visa category is available. Long time ago, when the k3 visa was not created, the U.S spouses had to live abroad until the I-130 spousal petition, which was approved by the INS. And then they can forward to the U.S. consulate. The time between the initial filing of the I-130 and the visa interview could often take over a year.

With the K-3 visa, the foreign spouse is issued a visa to enter the U.S. while awaiting approval of the I-130 petition without having to remain abroad while the I-130 is being processed.

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,

If the Form I-129,petition for Alien fiancee, has been approved, the Alien spouse has to forwarded to the American consulate in his/her own country to apply for the K-3/K-4 visa. If the marriage took place in the alien spouse's country and there is a consulate of United States which issues immigrant visas in this country, the spouse has to apply for the k3 visa in his/her own 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 k3 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

The spouse who is waiting for a k-3/k-4 visa processing in the United States, can apply for a work permit. Something you must know is that once the alien spouse is approved by the U.S. consulate and receives a permanent resident status, she/he needs not 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

When you are applying for a k-3/k-4 adjustment status, at the same time, you can travel outside the United States and return using your unexpired k3 or k4 nonimmigrant visa.

When done correctly, the K-3/K-4 visa category can significantly reduce the time that spouses are separated while waiting for immigration status. The K-3/K-4 visa category is a relatively new visa category; therefore, you may wish to consult with an Immigration Attorney with experience with the K-3/K-4 visa for assistance with your case.
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