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What is the K-3 visa?

On Behalf of | Jan 6, 2022 | immigration |

Residents of Los Angeles and other nearby areas of California may want to learn more about the visa for a spouse of a United States citizen. This is considered a non-immigrant visa and obtaining it overseas is possible.

According to Travel.State.Gov, the purpose of the K-3 visa is to shorten the separation time that a U.S. citizen and a foreign-born spouse must undergo.

Awaiting approval

The foreign-born person must apply to adjust status to a permanent resident with the U.S. Citizenship and Immigration Services (USCIS). This is when the petition receives approval. They must also meet some of the requirements of a regular immigration visa.

If married to a U.S. citizen

The person who marries a U.S. citizen in another country must apply for the K-3 where the marriage took place. For example, if they married in France, then they must apply for the K-3 from France. Eligible children will receive a K-4 visa. Both the K-3 and K-4 allow foreign-born persons to stay in the U.S. while their immigrant visas await approval.

What does “spouse” mean?

A spouse means that they are legally married. They can be of the opposite sex or the same sex; both are considered as a spouse. Living together does not qualify a person as a spouse for immigration purposes.

However, a common-law partner may qualify as a spouse. It will depend on the laws of the country from which the person came. If they are from a country where there is polygamy, with several spouses, only the first one will qualify, in terms of immigration.

What are the steps?

The U.S. citizen must first file a Petition for Alien Relative on Form 1-130. USCIS will send a receipt notice.

The K-3 visa allows a foreign-born spouse to enter the U.S. as they await the approval of their immigrant visa petition. They will later adjust their status as a permanent resident.