K-3 Visa
The Legal Immigration Family Equity Act and its
amendments (LIFE Act) established a new non-immigrant
category within the immigration law that allows
the spouse or child of a U.S. citizen to be admitted
to the United States in a nonimmigrant category.
The admission allows the spouse or child to complete
processing for permanent residence while in the
United States.
It also allows those admitted in
the new category to have permission for employment
while they await processing of their case to permanent
resident status.
A
PERSON MAY RECEIVE A K-3 VISA IF THAT PERSON:
Has concluded
a valid marriage with a citizen
of the United States;
Has a relative
petition (Form I-130) filed by
the U.S. citizen spouse for the person;
seeks to enter the United States to await the
approval of the petition and subsequent lawful
permanent resident status, and,
Has an approved
Form I-129, Petition for Alien
Fiancée, forwarded to the American consulate
abroad where the alien wishes to apply for the
K-3/K-4 visa. The consulate must be in the country
in which the marriage to the U.S. citizen took
place if the United States has a consulate which
issues immigrant visas in that country.
If the
marriage took place in the United States, the
designated consulate is the one with jurisdiction
over the current residence of the alien spouse.
A person may receive
a K-4 visa, if that person is
under 21 years of age and is the unmarried child
of an alien eligible to be a K-3.
For the alien spouse to apply for a K-3 nonimmigrant
visa, or, for a spouse and a K-4 nonimmigrant
visa, for a child, the citizen must file Form
I-130 on behalf of the alien spouse, with the
applicable service center having jurisdiction
over the citizen’s place of residence. The
citizen petitioner will then receive a Form I-797,
Notice of Action, indicating that the I-130 has
been received by the USCIS.
Petitioners should be careful to follow all instructions on each form and provide the service with all
necessary documentation. Following adjudication
of the Form I-129F, the petition will be forwarded
to the applicable consulate so that the alien
beneficiary, or, beneficiaries, may apply to the
Department of State for nonimmigrant K-3/K-4 visas.
Persons in K-3 or K-4 status and applicants for
adjustment to permanent resident status, from
K-3 or K-4, are eligible to apply for a Work Permit
while their cases (Form I-130 or Form I-485) are
pending. You should use USCIS Form I-765 (Application
for Employment Authorization) to apply for a Work
Permit.
You do not need to apply for a Work Permit once
you adjust to permanent resident status. As a
lawful permanent resident, you should receive
a permanent resident card that will prove that
you have a right to live and work in the United
States permanently. Please see “How Do I
Get a Work Permit?” to get more information.
If you are in K-3 or K-4 status, you may travel
using your unexpired K-3/K-4 nonimmigrant visa
to travel outside of the United States and return,
even if you are applying for adjustment of status
simultaneously.
At TSL we will help you process your application, and give you the advice and guidance to get the Visa application processed and approved, as soon as possible. We follow up with the embassy at every step. The road to discovery starts here, and we are very proud of our Approval Rate. TSL is all you will need for your Visa services. Professionalism you can count on, with TSL by your side
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Important: TSL Visa Service is a service company, catering to your needs both in house and on this website, where you can start the process of acquiring your visa now. Our service is to insure your success in acquiring your desired visa and assist you in any of your visa needs. Here at TSL we help you apply, guiding and assisting you with all processing of your visa needs -- and take care of you from the first to the last step. With competitive pricing, we make it easy -- to get started now, click here...
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