K-3 Visa – Marriage Visa
In situations where a U.S. citizen wishes to marry or has married an individual, the K-3 Visa, fiancee visa, or adjusting status to lawful permanent residence (green card) are typically the most expeditious visas to reunite the U.S. citizen with his spouse or fiancée. A fiancée of a U.S. citizen is eligible for the fiancee visa and a spouse residing abroad is eligible for a K-3 Visa.
Applicants must be aware of non-immigrant intent, unlawful presence, and public charge issues to ensure that they are in compliance with immigration law. Furthermore, the USCIS will scrutinize the relationship to ensure that it is bona fide and not entered into solely for the purpose of gaining immigration benefits.
- Who is eligible for a K-3 Visa?
- How can I obtain a K-3 Visa Petition?
- What Happens After the K-3 Visa Petition is Approved?
- What is a K-4 Visa?
- Can I change status if I enter on a fiancee visa?
- Does the fiancee visa applicant need the I-864 Affidavit of Support?
- Can I obtain work-authorization and a social security through a K-3 Visa?
- What is advance parole? Do I need to apply for Advance Parole if I have a K-3 Visa?
- Can I obtain a K-3 Visa if I am out of status?
Who is eligible for a K-3 Visa?
- the spouse of a U.S. citizen;
- an immediate relative with a petition that is pending, which must have been filed in the United States;
- in possession of a K-3 petition which must be completed and submitted by the U.S. citizen and submitted to USCIS.
K-3 Visas are appropriate for spouses of U.S. citizens residing outside of the U.S. Congress created the K-3 Visa to reduce the long wait that the U.S. citizens and spouses were experiencing, while waiting for an immigrant visa.
The USCIS will not presume that the departure constitutes abandonment of an adjustment application if one has filed for adjustment of status in the U.S. prior to departure from the U.S., while in K-3 status.
How can I obtain a K-3 Visa Petition?
What Happens After the K-3 Visa Petition is Approved?
Once all processing is completed, and the applicant has all necessary documents, a consular officer will interview your spouse to determine eligibility for the K-3 Visa. The officer will review all of the documents and question the K-3 Visa applicant to determine if the marriage is bona fide, ensure the applicant is not inadmissible and will not become a public charge. If the consular officer finds that your spouse is eligible, a K-3 Visa will be issued. The K-3 Visa applicant may adjust status to lawful permanent residency or obtain an immigrant visa at the consular post in the country of where the marriage took place. The K-3 Visa admits an applicant to the United States for two years.
What is a K-4 Visa?
Can I change status if I enter on a fiancee visa?
Does the fiancee visa applicant need the I-864 Affidavit of Support?
Can I obtain work-authorization and a social security through a K-3 Visa?
What is advance parole? Do I need to apply for Advance Parole if I have a K-3 Visa?
Can I obtain a K-3 Visa if I am out of status?